KIDS S836 COPPA 2.0 introduced
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a website, online service, online application, or
mobile application, or portion thereof, is directed to
children, the Commission shall apply a totality of
circumstances test and will also consider competent and
reliable empirical evidence regarding audience
composition and evidence regarding the intended
audience of the website, online service, online
application, or mobile application.''; and
(6) by adding at the end the following:
''(13) Connected device.--The term 'connected device' means
a device that is capable of connecting to the internet,
directly or indirectly, or to another connected device.
''(14) Online application.--The term 'online application'--
''(A) means an internet-connected software program;
and
''(B) includes a service or application offered via
a connected device.
''(15) Mobile application.--The term 'mobile application'--
''(A) means a software program that runs on the
operating system of--
''(i) a cellular telephone;
''(ii) a tablet computer; or
''(iii) a similar portable computing device
that transmits data over a wireless connection;
and
''(B) includes a service or application offered via
a connected device.
''(16) Geolocation information.--The term 'geolocation
information' means information sufficient to identify a street
name and name of a city or town.
''(17) Teen.--The term 'teen' means an individual who has
attained age 13 and is under the age of 17.
''(18) Individual-specific advertising to children or
teens.--
''(A) In general.--The term 'individual-specific
advertising to children or teens' means advertising or
any other effort to market a product or service that is
directed to a specific child or teen or a connected
device that is linked or reasonably linkable to a child
or teen based on--
''(i) the personal information from--
''(I) the child or teen; or
''(II) a group of children or teens
who are similar in sex, age, household
income level, race, or ethnicity to the
specific child or teen to whom the
product or service is marketed;
''(ii) profiling of a child or teen or
group of children or teens; or
''(iii) a unique identifier of the
connected device.
''(B) Exclusions.--The term 'individual-specific
advertising to children or teens' shall not include--
''(i) advertising or marketing to an
individual or the device of an individual in
response to the individual's specific request
for information or feedback, such as a child's
or teen's current search query;
''(ii) contextual advertising, such as when
an advertisement is displayed based on the
content of the website, online service, online
application, mobile application, or connected
device in which the advertisement appears and
does not vary based on personal information
related to the viewer; or
''(iii) processing personal information
solely for measuring or reporting advertising
or content performance, reach, or frequency,
including independent measurement.
''(C) Rule of construction.--Nothing in
subparagraph (A) shall be construed to prohibit an
operator with actual knowledge or knowledge fairly
implied on the basis of objective circumstances that a
user is under the age of 17 from delivering advertising
or marketing that is age-appropriate and intended for a
child or teen audience, so long as the operator does
not use any personal information other than whether the
user is under the age of 17.
''(19) Educational agency or institution.--The term
'educational agency or institution' means--