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

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Date Published: 09/05/2019 09:00 PM
AB1138:v92#DOCUMENT

Amended  IN  Senate  September 05, 2019
Amended  IN  Senate  July 11, 2019
Amended  IN  Assembly  May 13, 2019
Amended  IN  Assembly  May 02, 2019
Amended  IN  Assembly  April 30, 2019
Amended  IN  Assembly  April 12, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1138


Introduced by Assembly Member Gallagher
(Coauthors: Assembly Members Cunningham and Mayes)

February 21, 2019


An act to add Section 1798.99.3 to the Civil Code, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


AB 1138, as amended, Gallagher. Social media: the Parent’s Accountability and Child Protection Act.
Existing federal law requires an operator of an internet website or online service directed to a child, as defined, or an operator of an internet website 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, the California Consumer Privacy Act of 2018, prohibits a business from selling the personal information, as defined, of a consumer without first obtaining the authorization of the consumer’s parent or guardian, if the business has actual knowledge that the consumer is less than 16 years of age.
Existing state law prohibits an operator of an internet website, online service, online application, or mobile application, as specified, from marketing or advertising specified types of products or services to a minor.
Existing law, known as the Parent’s Accountability and Child Protection Act, commencing on January 1, 2020, requires a person or business that conducts business in California and that seeks to sell specified products or services to take reasonable steps, as specified, 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.
This bill, on and after July 1, 2021, would prohibit a person or business that conducts business in California, and that operates a social media website or application, as defined, from allowing 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 giving their consent is the parent or legal guardian of the person under 13 years of age. The bill would deem a business to have actual knowledge of a consumer’s age if it willfully disregards the consumer’s age. The bill would authorize a person or business to require the person who is giving their consent for creation of the account to do various things, including signing a consent form and sending it to the person or business via fax, United States mail, or electronic scan; providing 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; or calling 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, as specified. The bill would prohibit information provided to a social media companies company for parental consent from being retained or used for any other purpose. by the company, except as may be necessary for the purposes of this bill.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


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 companies company for parental consent shall not be retained or used for any other purpose. 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.