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201320140SB568_Senate Floor Analyses-1

201320140SB568_Senate Floor Analyses-1

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Published by steamroller
Floor Analysis of California Childrens Privacy Bill
Floor Analysis of California Childrens Privacy Bill

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Published by: steamroller on Sep 23, 2013
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09/23/2013

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 CONTINUED
SENATE RULES COMMITTEE
 Office of Senate Floor Analyses1020 N Street, Suite 524(916) 651-1520 Fax: (916) 327-4478
 
SB 568UNFINISHED BUSINESSBill No: SB 568Author: Steinberg (D)Amended: 8/15/13Vote: 21SENATE JUDICIARY COMMITTEE: 6-0, 4/23/13AYES: Evans, Anderson, Corbett, Jackson, Leno, Monning NO VOTE RECORDED: WaltersSENATE FLOOR: 37-0, 4/29/13AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella, Corbett, Correa,De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines, Galgiani, Hancock,Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Monning, Nielsen, Padilla, Pavley, Price, Roth, Steinberg, Walters, Wolk, Wright,Wyland, Yee NO VOTE RECORDED: Liu, Vacancy, VacancyASSEMBLY FLOOR: 62-12, 8/26/13 - See last page for vote
SUBJECT:
Privacy: Internet: minors
SOURCE:
Author 
DIGEST:
This bill prohibits, on and after January 1, 2015, an operator of anInternet Web site, online service, online application, or mobile application, asspecified, from marketing specified types of products or services to a minor.Prohibits an operator from knowingly using, disclosing, compiling, or knowinglyallowing a 3rd party to use, disclose, or compile, the personal information of aminor for the purpose of marketing or advertising specified types of products or services. This bill also makes this prohibition applicable to an advertising service,as specified. This bill requires, on and after January 1, 2015, the operator of an
 
SB 568Page 2CONTINUEDInternet Web site, online service, online application, or mobile application to permit a minor who is a registered user of the operator 
s Internet Web site, onlineservice, online application, or mobile application to remove, or to request andobtain removal of, content or information publicly posted on the operator 
s InternetWeb site, service, or application by the minor, subject to specified conditions andexceptions.Assembly Amendments prohibit an operator from knowingly using, disclosing,compiling, or allowing a 3rd party to use, disclose, or compile, the personalinformation of a minor for the purpose of marketing or advertising specified typesof products or services, and make this prohibition applicable to an advertisingservice that is notified by an operator of an Internet Web site, online service, onlineapplication, or mobile application that the site, service, or application is directed toa minor. Amendments also specify the types of products and services that this
 bill’s restrictions apply to (e.g. alcoholic beverages, f 
irearms and ammunition,dietary supplements), and make other technical and clarifying changes.
ANALYSIS:
 Existing law:1. Provides that, among other rights, all people have an inalienable right to pursueand obtain privacy.2. Permits a person to bring an action in tort for an invasion of privacy and provides that in order to state a claim for violation of the constitutional right to privacy, a plaintiff must establish the following three elements: (1) a legally protected privacy interest; (2) a reasonable expectation of privacy in thecircumstances; and (3) conduct by the defendant that constitutes a seriousinvasion of privacy. (
 Hill v. National Collegiate Athletic Assn.)
Recognizesfour types of activities considered to be an invasion of privacy, giving rise tocivil liability including the public disclosure of private facts.3. Provides that there is no reasonable expectation of privacy in information
 posted on an Internet Web site. The information is no longer a “private fact”
that can be protected from public disclosure. (
 Moreno v. Hanford Sentinel 
.)4. Requires an operator of an Internet Web site or online service directed to achild, as defined, or an operator of an Internet Web site or online service thathas actual knowledge that it is collecting personal information from a child to provide notice of what information is being collected and how that information
 
SB 568Page 3CONTINUEDis being used, and to give the parents of the child the opportunity to refuse to
 permit the operator’s further collection of in
formation from the childThis bill:1. Declares that the operator of an Internet Web site, online service, onlineapplication, or mobile application directed to minors or the operator of anInternet Web site, online service, online application, or mobile application hasactual knowledge that a minor is using its Internet Web site, online service,online application, or mobile application shall not do any of the following:A. Market or advertise a product or service on the Internet Web site, onlineservice, online application, or mobile application directed to minors, oto a minor who the operator has actual knowledge is using its InternetWeb site, online service, online application, or mobile application if themarketing or advertising is for a product, as defined. An operator isdeemed to be in compliance if he/she takes reasonable actions in goodfaith designed to avoid marketing or advertising to minors, as specified.B. Knowingly use, disclose, compile, or knowingly allow a third party touse, disclose, or compile, the personal information of a minor for the purpose of marketing or advertising products or services if themarketing or advertising is for a product, as defined.2. Provides the following definitions:A.
Minor 
means a natural person under 18 years of age who resides inthe state.B.
Internet Web site, online service, online application, or mobileapplication directed to minors
means an Internet Web site, onlineservice, online application, or mobile application, or a portion thereof,which is created for the purpose of reaching an audience that, is primarily comprised of minors, and is not intended for more generalaudience comprised of adults.Clarifies that an Internet Web site, online service, online application, or mobile application, or a portion thereof, not be deemed to be directed atminors solely because it refers or links to an Internet Web site, onlineservice, online application, or mobile application directed to minors by

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