Page:United States Statutes at Large Volume 112 Part 4.djvu/761

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-732 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 retrievable form; or (E) the collection, use, or dissemination of such information by the operator of such a website or online service necessary— (i) to protect the security or integrity of its website; (ii) to take precautions against liability; (iii) to respond to judicial process; or (iv) to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety. (3) TERMINATION OF SERVICE.— The regulations shall permit the operator of a website or an online service to terminate service provided to a child whose parent has refused, under the regulations prescribed under paragraph (l)(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 1304 and 1306, a violation of a regulation prescribed under subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(l)(B)). (d) INCONSISTENT STATE LAW.— No State or local government may impose any liability for commercial activities or actions by operators in interstate or foreign commerce in connection with an activity or action described in this title that is inconsistent with the treatment of those activities or actions under this section. SEC. 1304. SAFE HARBORS. 15 USC 6503. (a) GUIDELINES.— An operator 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 INCENTIVES.—In prescribing 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. (2) DEEMED C0MPLL\NCE. — Such incentives shall include provisions for ensuring that a person will be deemed to be in compliance with the requirements of the regulations under section 1303 if that person complies with guidelines that, after notice and comment, are approved by the Commission upon making a determination that the guidelines meet the requirements of the regulations issued under section 1303. (3) EXPEDITED RESPONSE TO REQUESTS.— The Commission shall act upon requests for safe harbor treatment within 180 days of the filing of the request, suid shall set forth in writing its conclusions with regard to such requests. (c) APPEALS.—Final action by the Commission on a request for approval of guidelines, or the failure to act within 180 days on a request for approval of guidelines, submitted under subsection

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