Page:United States Statutes at Large Volume 112 Part 4.djvu/759

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-730 (B) LIMITATION. —^A commercial website or online service, or a portion of a commercial website or online service, shall not be deemed directed to children solely for referring or linking to a commercial website or online service directed to children by using information location tools, including a directory, index, reference, pointer, or hypertext link. (11) PERSON. —The term "person" means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity. (12) ONLINE CONTACT INFORMATION.—The term "online contact information" means an e-mail address or another substantially similar identifier that permits direct contact with a person online. SEC. 1303. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRAC- 15 USC 6502. TICES IN CONNECTION WITH THE COLLECTION AND USE OF PERSONAL INFORMATION FROM AND ABOUT CHIL- DREN ON THE INTERNET. (a) ACTS PROHIBITED.— (1) IN GENERAL. —It is unlawful for an 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 PARENT PROTECTED. —Notwithstanding ' 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 personal information under subsection (b)(l)(B)(iii) to the parent of a child. (b) REGULATIONS.— (1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate under section 553 of title 5, United States Code, regulations that— (A) require the operator of any 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— (i) to provide notice on the website of what informa- Notice. tion is collected from children by the operator, 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 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 parent— (i) a description of the specific types of personal information collected from the child by that operator; (ii) the opportunity at any time to refuse to permit the operator's further use or maintenance in

�