[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5573 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5573
To amend the Children's Online Privacy Protection Act of 1998.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2020
Mr. Walberg (for himself and Mr. Rush) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Children's Online Privacy Protection Act of 1998.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Real Online Threats
Endangering Children Today'' or the ``PROTECT Kids Act''.
SEC. 2. AMENDMENTS TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF
1998.
The Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6501 et seq.) is amended--
(1) by inserting ``, including a service provided through a
mobile application,'' after ``online service'' each place it
appears;
(2) in section 1302--
(A) in paragraph (1), by striking ``age of 13'' and
inserting ``age of 16'';
(B) in paragraph (8)--
(i) in the matter preceding subparagraph
(A), by inserting ``including a service
provided through a mobile application'' after
``collected online'';
(ii) by redesignating subparagraphs (F) and
(G) as subparagraphs (H) and (I), respectively;
and
(iii) by inserting after subparagraph (E)
the following:
``(F) precise geolocation information;
``(G) biometric information;''; and
(C) by adding at the end the following:
``(13) Mobile application.--The term `mobile application'
means a software program that runs on the operating system of--
``(A) a mobile telephone;
``(B) a tablet computer; or
``(C) a similar portable computing device that
transmits data over a wireless connection.
``(14) Biometric information.--The term `biometric
information' means the record of any unique, immutable
biological attribute or measurement generated by automatic
measurements of a consumer's biological characteristics,
including fingerprints, genetic information, iris or retina
patterns, facial characteristics, or hand geometry, that are
used to uniquely and durably authenticate the identity of a
consumer when such consumer accesses a physical location,
device, system, or account.
``(15) Precise geolocation information.--The term `precise
geolocation information' means historical or real-time location
information, or inferences drawn from other information,
capable of identifying the location of an individual or a
consumer device of an individual with specificity sufficient to
identify street level location information or an individual's
or device's location within a range of 1,640 feet or less.'';
and
(3) in section 1303(b)--
(A) in paragraph (1)--
(i) in subparagraph (A)(I), by inserting
``or mobile application'' after ``website'';
and
(ii) in subparagraph (B)(ii), by striking
``use or maintenance in retrievable form, or
future online collection'' and inserting
``collection or use''; and
(B) by amending paragraph (3) to read as follows:
``(3) Continuation of service.--The regulations shall--
``(A) prohibit the operator of a website, online
service, or mobile application from terminating service
provided to a child whose parent has refused, under the
regulations prescribed under paragraph (1)(B)(ii), to
permit the operator's further collection or use of
personal information from that child, or has required
such operator to delete such information; and
``(B) require the operator, upon request of a
parent whose child has provided personal information to
that website or, online service, including a service
provided through a mobile application, upon proper
identification of that parent, to delete any personal
information collected from such child.''.
SEC. 3. FEDERAL TRADE COMMISSION STUDY.
(a) In General.--
(1) Not later than 2 years after the date of enactment of
this Act, the Commission shall conduct a study on the knowledge
standard found in section 1303(a)(1) of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq).
(2) In conducting such study, the Commission shall--
(A) consider whether the existing knowledge
standard is still appropriate for accomplishing the
goals of this Act;
(B) consider the affect changing such knowledge
standard will have on children's online privacy,
including whether it will increase or decrease such
privacy;
(C) consider the feasibility of complying with any
change to such knowledge standard;
(D) whether any Federal agency has studied such
change; and
(E) whether any think tank or privacy advocacy or
digital rights group has studied such a change.
(3) Based on the study, the Commission shall--
(A) develop recommendations as to whether the
knowledge standard should be changed;
(B) develop recommendations as to what the new
knowledge standard should be, if appropriate;
(C) provide the basis for its recommendation to
change the knowledge standard, if appropriate;
(D) cite examples of Federal agency studies on
changing the knowledge standard; and
(E) cite examples of think tank or privacy advocacy
or digital rights group studies on changing the
knowledge standard.
(b) Report to Congress.--Following completion of the study pursuant
to subsection (a), the Commission shall report the results and
recommendations to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
<all>