Today's Law As Amended

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AB-1138 Social media: the Parent’s Accountability and Child Protection Act.(2019-2020)



SECTION 1.

 Section 1798.99.3 is added to the Civil Code, immediately following Section 1798.99.1, to read:

1798.99.3.
 (a) On and after July 1, 2021, a person or business that conducts business in California, and that operates a social media website or application, shall not allow a person who the business actually knows is under 13 years of age to create an account with the website or application unless the website or application obtains the consent of the person’s parent or guardian before creating the account using a method that includes reasonable measures to ensure that the person who is giving their consent is the parent or legal guardian of the person under 13 years of age. A business that willfully disregards the consumer’s age is deemed to have actual knowledge of the consumer’s age. A person or business may require the person who is giving their consent for creation of the account to do any of the following:
(1) Sign a consent form and send it to the person or business via fax, United States mail, or electronic scan.
(2) Provide credit card, debit card, or other online payment system information that will provide the parent or guardian notification of each separate transaction made using the account.
(3) Call a toll-free telephone number staffed by personnel who are trained to ensure that the person authorizing creation of the account is the legal guardian of the minor.
(4) Connect via video conference to personnel who are trained to ensure that the person authorizing creation of the account is the legal guardian of the minor.
(5) Provide a copy of a government-issued identification card, the validity of which the person or business can check against a database, if the person or business deletes the identification from its records after completing the verification process.
(6) Answer a series of knowledge-based challenge questions that would be difficult for someone other than the legal guardian of the minor to answer.
(7) Provide a copy of a photographic identification card that the person or business can compare to another photograph submitted by the parent or guardian using facial recognition technology.
(8) Provide verifiable parental consent that complies with the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. Sec. 6501 et seq.).
(b) Information provided to a social media company for parental consent shall not be retained or used by the company, except as may be necessary for the purposes of this section.
(c) For purposes of this section, “social media” means an electronic service or account held open to the general public to post, on either a public or a semipublic page dedicated to a particular user, electronic content or communication, including, but not limited to, videos, still photographs, or messages intended to facilitate the sharing of information, ideas, personal messages, or other content.