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AB-2511 The Parent’s Internet Accountability and Child Protection Act.(2017-2018)



Current Version: 06/14/18 - Amended Senate        


AB2511:v95#DOCUMENT

Amended  IN  Senate  June 14, 2018
Amended  IN  Assembly  May 07, 2018
Amended  IN  Assembly  April 23, 2018
Amended  IN  Assembly  March 21, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2511


Introduced by Assembly Member Chau

February 14, 2018


An act to add Title 1.81.5 (commencing with Section 1798.99.1) to Part 4 of Division 3 of the Civil Code, relating to the Internet.


LEGISLATIVE COUNSEL'S DIGEST


AB 2511, as amended, Chau. The Parent’s Social Media Internet Accountability and Child Protection Act.

Existing federal law requires an operator of an Internet Web site or online service directed to a child, as defined, or an operator of an Internet Web site or online service that has actual knowledge that it is collecting personal information from a child to provide notice of what information is being collected and how that information is being used, and to give the parents of the child the opportunity to refuse to permit the operator's further collection of information from the child.

Existing law prohibits an operator of an Internet Web site, online service, online application, or mobile application, as specified, from marketing or advertising specified types of products or services to a minor. Existing law also makes it unlawful for any person to sell specified products or services to a minor or requires permission from a parent or legal guardian in order to sell to a minor. Under existing law, generally a minor may make a contract in the same manner as an adult.
This bill would prohibit a person or business that conducts business in California, that operates an Internet Web site or application that seeks to use a minor’s name, picture, or any information about the minor on a social media Internet Web site, or application as specified, from doing so without obtaining prior parental consent. The bill would also bill, commencing on January 1, 2020, would require a person or business that conducts business in California, that operates an Internet Web site or application and that seeks to sell specified products or services services, to take reasonable steps to verify the age of the purchaser and to refrain from delivering, or causing to be delivered, any proscribed products or services, to a person under 18 years of age, or, in the case of alcohol, under 21 years of age, as specified. steps, as defined, to ensure that the purchaser is of legal age at the time of purchase, including, but not limited to, verifying the age of the purchaser, as specified. The bill would specify that a business or person that violates these provisions is subject to a civil penalty not exceeding $7,500 for each violation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Title 1.81.5 (commencing with Section 1798.99.1) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 1.81.5. The Parent’s Social Media Internet Accountability and Child Protection Act

1798.99.1.

(a)(1)A person or business that conducts business in California, that operates an Internet Web site or application that seeks to use a minor’s name, picture, or any information about the minor on a social media Internet Web site or application pursuant to an arrangement in which the person or business is paid by a third party to display the minor’s name, picture, or information that could reasonably identify the minor shall not do so without obtaining prior parental consent, which shall be separate from the social media Internet Web site or the application’s general terms and conditions. The failure of a parent to provide the parental consent to the use of the minor’s name, picture, or information shall not result in any minor being denied access to the social media Internet Web site or application.

(2)Parental consent shall not be obtained through the minor.

(b)

1798.99.1.
 (a) (1) A person or business that conducts business in California, that operates an Internet Web site or application,  and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivision (c), shall: subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.

(1)Notwithstanding any general term condition, take reasonable steps to verify the age of the purchaser.

(2)Not deliver, or cause to be delivered, any proscribed products or services, as described in subdivision (c), to a person under 18 years of age, or, in the case of alcohol, under 21 years of age.

(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:
(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification.
(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.
(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).
(D) Delivering the product or service to an individual who is of legal age.
(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, a review of any of the following:
(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, including, but not limited to, any of the following:
(i) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and picture of the person.
(ii) A valid passport issued by the United States or by a foreign government.
(iii) A valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture of the person.
(B) Delivering the product or service to an individual who is of legal age.
(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.
(5) A seller’s reasonable and good faith reliance on bona fide evidence of the purchaser or recipient’s age shall constitute an affirmative defense to any action under this subdivision.

(c)

(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (b) (a) include, all of the following:

(1)Alcoholic beverages, as referenced in Sections 23003 to 23007, inclusive, and Section 25658 of the Business and Professions Code.

(2)Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.

(3)Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.

(4)

(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.

(5)

(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.

(6)Any tobacco, cigarette, or cigarette papers, or blunt wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.

(7) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.

(8)

(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.

(9)

(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.

(10)

(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.

(11)

(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.

(12)Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.

(13)Obscene matter, as referenced in Section 311 of the Penal Code.

(14)A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.

(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:
(1) Alcoholic beverages, as referenced in Sections 23003 to 23007, inclusive, and Section 25658 of the Business and Professions Code.
(2) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.
(3) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.
(4) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.
(5) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.
(6) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.
(7) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.
(d) In an action brought by a public prosecutor, a business or person that violates this section shall be subject to a civil penalty not exceeding seven thousand five hundred dollars ($7,500) for each violation.
(e) This section shall become operative on January 1, 2020.