兒童網(wǎng)上隱私保護法-英文版法案全文

1、Children's Online Privacy Protection Act of 1998TITLE XIII-CHILDREN'S ONLINE PRIVACY PROTECTIONSEC. 1301. SHORT TITLE.This title may be cited as the "Children's Online Privacy Protection Act of 1998.SEC. 1302. DEFINITIONS.In this title:(1) CHILDThe term "child" means an in

2、dividual under the age of 13.(2) OPERATOFbThe term "operator"一(ii) in any territory of the United States or in the District of Columbia, or between anysuch territory and (I) another such territory; or(II) any State or foreign nation; or(III) between the District of Columbia and any State,

3、territory, or foreign nation; but(B)does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45).(3) COMMISSIONThe term "Commission" means the Federal Trade Commission.(4) DISCLOSUREThe term "disc

4、losure" means, with respect to personal information (A) the release of personal information collected from a child in identifiable form by anoperator for any purpose, except where such information is provided to a person other than the operator who provides support for the internal operations o

5、f the website and does not disclose or use that information for any other purpose; and(i) a home page of a website;(ii) a pen pal service;1 / 11(iii) an electronic mail service;(iv) a message board; or(v) a chat room.(5) FEDERAL AGENGYThe term "Federal agency" means an agency, as that term

6、 is defined in section 551(1) of title 5, United States Gode.(7) PARENSThe term "parent" includes a legal guardian.(8)PERSONAL INFORMATIONThe term "personalinformation"means individually identifiable information about an individual collected online, including 一(1) a first and las

7、t name;(8) a home or other physical address including street name and name of a city or town;(G) an e-mail address;(D) a telephone number;(E) a Social Security number;(F) any other identifier that the Commission determines permits the physical or onlinecontacting of a specific individual; or(9) VERI

8、FIABLE PARENTAL CONSENTe term "verifiable parental consent" means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection,use,and disclosure described in the notice,to ensure that a parent of a child receives notic

9、e of the operator's personal information collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from that child.(10) WEBSITE OR ONLINE SE

10、RVICE DIRECTED TO CHILDREN.2 / 11(11) PERSO5The term "person" means any individual, partnership, corporation, trust,estate, cooperative, association, or other entity.(12) ONLINE CONTACT INFORMATIONThe term "online contact information" means an e-mail address or an-other substanti

11、ally similar identifier that permits direct contact with a person online.SEC. 1303. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH THE COLLECTION AND USE OF PERSONAL INFORMATION FROM AND ABOUT CHILDREN ON THE INTERNET.(a) ACTS PROHIBITED.(1) IN GENERALdt is unlawful for an

12、operator of a website or online service directed to children,or any operator that has actual knowledge that it is collecting personal information from a child,to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b).(2) DISCLOSURE TO PARE

13、NT PROTECTEDwithstanding paragraph(1), neither an operator of such a website or online service nor the operator's agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of

14、 per-sonal information under subsection (b)(1)(B)(iii)to the parent of a child.(b) REGULATIONS.(1) IN GENERALrNot later than 1 year after the date of the enactment of this Act, the Commission shall promulgate under section 553of title 5,United States Code,regulations that(A)require the operator of a

15、ny website or online service directed to children that collects personal information from children or the operator of a website or online service that has actual knowledge that it is collecting personal information from a child 3 / 11(i) to provide notice on the website of what information is collec

16、ted from children by theoperator, how the operator uses such information, and the operator's disclosure practices for such information; and(ii)to obtain verifiable parental consent for the collection,use,or disclosure of personal information from children;(B)require the operator to provide,upon

17、request of a parent under this subparagraph whose child has provided personal information to that website or online service, upon proper identification of that parent, to such par-ent (ii) a description of the specific types of personal information collected from the childby that operator;(ii)the op

18、portunity at any time to refuse to permit the operator's further use or maintenance in retrievable form, or future online collection, of personal information from that child; and(iii) notwithstanding any other provision of law, a means that is reasonable under thecircumstances for the parent to

19、obtain any personal information collected from that child;(C) prohibit conditioning a child's participation in a game, the offering of a prize, oranother activity on the child disclosing more personal information than is reasonably necessary to participate in such activity; and(D) require the op

20、erator of such a website or online service to establish and maintainreasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children.(2) WHEN CONSENT NOT REQUIREThe regulations shall provide that verifiable parental consent under paragraph

21、(1)(A)(ii) is not required in the case o(A)online contact information collected from a child that is used only to respond directly on a one-time basis to a specific request from the child and is not used to recontact the child and is not maintained in retrievable form by the operator;4 / 11(F) a req

22、uest for the name or online contact information of a parent or child that is usedfor the sole purpose of obtaing parental consent or providing notice under this section and where such information is not maintained in retrievable form by the operator if parental consent is not obtained after a reason

23、able time;(G) online contact information collected from a child that is used only to respond morethan once directly to a specific request from the child and is not used to recontact the child beyond the scope of that request(i)if,before any additional response after the initial response to the child

24、,the operator uses reasonable efforts to provide a parent notice of the online contact information collected from the child, the purposes for which it is to be used, and an opportunity for the parent to request that the operator make no further use of the information and that it not be maintained in

25、 retrievable form; or(iii) without notice to the parent in such circumstances as the Commission may determineare appropriate, taking into consideration the benefits to the child of access to information and services,and risks to the security and privacy of the child,in regulations promulgated under

26、this subsection;(D)the name of the child and online contact information (tothe extent reasonably necessary to protect the safety of a child participant on the site)(i) used only for the purpose of protecting such safety;(ii) not used to recontact the child or for any other purpose; and(iii)not discl

27、osed on the site,if the operator uses reasonable efforts to provide a parent notice of the name and online contact information collected from the child,the purposes for which it is to be used, and an opportunity for the parent to request that the operator make no further use of the information and t

28、hat it not be maintained in retrievable form; or(E) the collection, use, or dissemination of such information by the operator of such awebsite or online service necessary(i) to protect the security or integrity of its website;5 / 11(ii) to take precautions against liability;(iii) to respond to judic

29、ial process; or(iv) to the extent permitted under other provisions of law, to provide information to lawenforcement agencies or for an investigation on a matter related to public safety. 1815(3) TERMINATION OF SERVICEThe regulations shall permit the operator of a website or an online service to term

30、inate service provided to a child whose parent has refused, under the regulations prescribed under paragraph(1)(B)(ii), to permit the operator's further use or maintenance in retrievable form, or future online collection, of personal information from that child.(c)ENFORCEMENT.Subject to sections

31、 1304and 1306,a violation of a regulation prescribed under subsection (a) shall be treated as a violation of a rule defing an unfair or deceptive act or practice prescribed under section 18(a)(1)(B)of the Federal Trade Commission Act (15U.S.C.57a(a)(1)(B).SEC. 1304. SAFE HARBORS.(a) GUIDELINESrAn op

32、erator may satisfy the requirements of regulations issued under section 1303(b) by following a set of self-regulatory guidelines, issued by representatives of the marketing or online industries, or by other persons, approved under subsection (b).(b) INCENTIVES.(1) SELF-REGULATORY INCENTIVESprescribi

33、ng regulations under section 1303, the Commission shall provide incentives for self-regulation by operators to implement the protections afforded children under the regulatory requirements described in subsection (b)of that section.6 / 11(3)EXPEDITED RESPONSE TO REQUETTS.Commission shall act upon re

34、quests for safe harbor treatment within 180 days of the filing of the request, and shall set forth in writing its conclusions with regard to such requests.(c) APPEALSrFinal action by the Commission on a request for approval of guidelines, or the failure to act within 180 days on a request for approv

35、al of guidelines, submitted under subsection (b)may be appealed to a district court of the United States of appropriate jurisdiction as provided for in section 706 of title 5, United States Code.SEC. 1305. ACTIONS BY STATES.(a) IN GENERAL.(1)CIVIL ACTIONSrIn any case in which the attorney general of

36、 a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under section 1303(b),the State,as parens patriae,may bring a civil a

37、ction on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to 一(A) enjoin that practice;(D) obtain such other relief as the court may consider to be appropriate.(2) NOTICE(A) IN GENERAL.Before filing an action under paragraph(1), the attorney g

38、eneral of the State involved shall provide to the Commission(1) written notice of that action; and(B) EXEMPTION.(1) IN GENERAJSubparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney7 / 11 general determines tha

39、t it is not feasible to provide the notice described in that subparagraph before the filing of the action.(b) INTERVENTION.(1) IN GENERAJOn receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice.(2) EFFECT OF INTERVE

40、NTIONf.the Commission intervenes in an action under subsection (a), it shall have the right(A) to be heard with respect to any matter that arises in that action; and(B) to file a petion for appeal.(3)AMICUS CURIAErUpon application to the court,a person whose self- regulatory guidelines have been app

41、roved by the Commission and are relied upon as a defense by any defendant to a proceeding under this section may file amicus curiae in that proceeding.(c)CONSTRUCTIONrFor purposes of bring any civil action under subsection (a),nothing in this title shall be construed to prevent an attorney general o

42、f a State from exercising the powers conferred on the attorney general by the laws of that State to(1) conduct investigations;(2) administer oaths or affirmations; or(e) VENUE; SERVICE OF PROCESS.(1) VENU-Any action brought under subsection (a) may be brought in the district court of the United Stat

43、es that meets applicable requirements relating to venue under section 1391 of title 28, United States Code.(2) SERVICE OF PROCESS. an action brought under subsection (a), process may be served in any district in which the defendant8 / 11(3) is an inhabitant; or(8) may be found.SEC. 1306. ADMINISTRAT

44、ION AND APPLICABILITY OF ACT.(a)IN GENERAJExcept as otherwise provided,this title shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).(b)PROVISIONS.Compliance with the requirements imposed under this title shall be enforced under(1) section 8 of the Fede

45、ral Deposit Insurance Act (12 U.S.C. 18), in the case-of (A)national banks,and Federal branches and Federal agencies of foreign banks,by the Office of the Comptroller of the Currency;(C) banks insured by the Federal Deposit Insurance Corporation (other than members of theFederal Reserve System) and

46、insured State branches of foreign banks, by the Board of Direc- tors of the Federal Deposit Insurance Corporation;(2) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 18), by the Director ofthe Office of Thrift Supervision, in the case of a savings association the deposits of which are insu

47、red by the Federal Deposit Insurance Corporation;(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.) by the National Credit UnionAdministration Board with respect to any Federal credit union;(4)part A of subtitle VII of title 49,United States Code,by the Secretary of Transportation with respec

48、t to any air carrier or foreign air carrier subject to that part;(5)the Packers and Stockyards Act,1921(7U.S.C.181et seq.)(exceptas provided in section 406of that Act (7U.S.C.226,227),by the Secretary of Agriculture with respect to any activities subject to that Act; and(6) the Farm Credit Act of 19

49、71 (12 U.S.C. 2001 et seq.) by the Farm Credit Administrationwith respect to any Federal land bank,Federal land bank association,Federal intermediate credit bank, or production credit association.9 / 11(d) ACTIONS BY THE COMMISSIONThe Commission shall prevent any person from violating a rule of the Commission under section 1303 in the same manner, by the same means, and with the same jurisdiction,powers,and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15U.S.C.41et seq.)were inco