United States 114th Congress Status: Died 1 R cosponsors

HR 2734 — Do Not Track Kids Act of 2015

Last action — Referred to the Subcommittee on Commerce, Manufacturing, and Trade.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Do Not Track Kids Act of 2015 Amends the Children's Online Privacy Protection Act of 1998 to apply the prohibitions against collecting personal information from children to online applications and mobile applications directed to children. Establishes additional privacy protections against the collection of personal or geolocation information from children and minors. Revises the definition of: "operator" to include online and mobile applications (currently, only Internet websites and online services) and to make such definition apply specifically to operators and providers of such websites, services, or applications who, for commercial purposes, in interstate or foreign commerce, collect or maintain personal information from or about their users, allow another person to collect such personal information, or allow users of such websites, services, or applications to publicly disclose personal information; and "disclosure" to mean the release of personal information (currently, the release of personal information collected from a child in identifiable form). Requires verifiable parental consent, under specified circumstances, for the collection, use, or disclosure of personal information of a child, including certain online contact information collected in response to a specific request from a child when such information is used to contact a different child. Prohibits, without verifiable parental consent in the case of a child or without consent of the minor in the case of a minor, an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having actual knowledge that personal information being collected is from children or minors, from: (1) using, disclosing to third parties, or compiling personal information collected from children or minors for targeted marketing purposes; and (2) collecting geolocation information in a manner that violates the regulations prescribed under this Act. Defines a "minor" as an individual over the age of 12 and under the age of 16. Prohibits an operator from discontinuing service provided to a child or minor on the basis of a refusal, by the child's parent or the minor, to permit the further use or maintenance in retrievable form, or future collection, of certain personal or geolocation information from such individuals, to the extent that the operator is capable of providing such service without such information. Requires an operator of a website, online service, online application, or mobile application directed to children or minors to treat all users as children or minors for purposes of this Act, except as permitted by regulation. Prohibits an operator of a website, online service, or such applications directed to minors from collecting personal information from minors unless such operator has adopted, and complies with, a Digital Marketing Bill of Rights for Teens that is consistent with the Fair Information Practices Principles established by this Act. Requires the Federal Trade Commission (FTC) to promulgate regulations that require operators to implement mechanisms that permit a user to erase content submitted by such user that is publicly available through such websites, services, or applications and that contains or displays personal information of children or minors. Sets forth enforcement provisions for the FTC, other federal agencies, and states.

Bill Text

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Read HR 2734 on the official United States source →

Action History

  1. Referred to the Subcommittee on Commerce, Manufacturing, and Trade.

  2. Referred to the House Committee on Energy and Commerce.

  3. Introduced in House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Administrative law and regulatory procedures Business records Child safety and welfare Civil actions and liability Consumer affairs Federal Trade Commission (FTC) Internet and video services Marketing and advertising Right of privacy Telephone and wireless communication Commerce
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 2734 do?
Do Not Track Kids Act of 2015 Amends the Children's Online Privacy Protection Act of 1998 to apply the prohibitions against collecting personal information from children to online applications and mobile applications directed to children. Establishes additional privacy protections against the collection of personal or geolocation information from children and minors. Revises the definition of: "operator" to include online and mobile applications (currently, only Internet websites and online services) and to make such definition apply specifically to operators and providers of such websites, services, or applications who, for commercial purposes, in interstate or foreign commerce, collect or maintain personal information from or about their users, allow another person to collect such personal information, or allow users of such websites, services, or applications to publicly disclose personal information; and "disclosure" to mean the release of personal information (currently, the release of personal information collected from a child in identifiable form). Requires verifiable parental consent, under specified circumstances, for the collection, use, or disclosure of personal information of a child, including certain online contact information collected in response to a specific request from a child when such information is used to contact a different child. Prohibits, without verifiable parental consent in the case of a child or without consent of the minor in the case of a minor, an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having actual knowledge that personal information being collected is from children or minors, from: (1) using, disclosing to third parties, or compiling personal information collected from children or minors for targeted marketing purposes; and (2) collecting geolocation information in a manner that violates the regulations prescribed under this Act. Defines a "minor" as an individual over the age of 12 and under the age of 16. Prohibits an operator from discontinuing service provided to a child or minor on the basis of a refusal, by the child's parent or the minor, to permit the further use or maintenance in retrievable form, or future collection, of certain personal or geolocation information from such individuals, to the extent that the operator is capable of providing such service without such information. Requires an operator of a website, online service, online application, or mobile application directed to children or minors to treat all users as children or minors for purposes of this Act, except as permitted by regulation. Prohibits an operator of a website, online service, or such applications directed to minors from collecting personal information from minors unless such operator has adopted, and complies with, a Digital Marketing Bill of Rights for Teens that is consistent with the Fair Information Practices Principles established by this Act. Requires the Federal Trade Commission (FTC) to promulgate regulations that require operators to implement mechanisms that permit a user to erase content submitted by such user that is publicly available through such websites, services, or applications and that contains or displays personal information of children or minors. Sets forth enforcement provisions for the FTC, other federal agencies, and states.
Who sponsors HR 2734?
HR 2734 is sponsored by Joe Barton (R).
What is the current status of HR 2734?
This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 2734?
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