Delaware General Assembly

House Telecommunication Internet & Technology 3/18/14

The General Assembly has ended, the current status is the final status.

3/18/14

Scott

Sen. Townsend
Reps. Heffernan, Paradee

Sen. Sokola
Reps. Baumbach, Dukes, Hudson, Jaques, Osienski, Potter, M. Smith

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CHILD ONLINE PROTECTION.

This bill requires an operator of an Internet website, online service, online application, or mobile application who has actual knowledge that a child is using its Internet website, online service, online application, or mobile application to permit a person who is a registered user to remove, or request the operator remove, content posted by the person when the person was a child, except in certain circumstances. The operator would be required to provide notice of this feature and instructions on how to remove the content. Additionally, this bill prohibits the operator of an Internet website, online service, online application, or mobile application directed to children from marketing or advertising certain products or services on its website and this prohibition is extended to advertising services contracted by such an operator. The bill would also prohibit an operator who has actual knowledge that a child is using its Internet website, online service, online application, or mobile application from using a child’s personally identifiable information to direct marketing or advertising of certain products or services to the child. Further, this bill requires an operator to establish an age verification system. Finally, this bill empowers the Attorney General to enforce these provisions subject to the Attorney General’s powers regarding consumer protection and consumer fraud. Enforcement by private right of action is contemplated to the extent allowable by the Consumer Fraud Act. This bill becomes effective 1 year after its enactment into law.

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Takes effect upon being signed into law

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