KIDS S836 COPPA 2.0 introduced
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''(A) a State educational agency or local
educational agency, as such terms are defined in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801); or
''(B) an institutional day or residential school,
including a public school (including a charter school)
or private school, that provides elementary or
secondary education, as determined under State law.''.
(b) Online Collection, Use, Disclosure, and Deletion of Personal
Information of Children and Teens.--Section 1303 of the Children's
Online Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended--
(1) by striking the heading and inserting the following:
''online collection, use, disclosure, and deletion of personal
information of children and teens.'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
''(1) In general.--It is unlawful for an operator of a
website, online service, online application, or mobile
application directed to children or for any operator of a
website, online service, online application, or mobile
application with actual knowledge or knowledge fairly implied
on the basis of objective circumstances that a user is a child
or teen--
''(A) to collect personal information from a child
or teen in a manner that violates the regulations
prescribed under subsection (b);
''(B) except as provided in subparagraphs (B) and
(C) of section 1302(18), to collect, use, disclose to
third parties, or maintain personal information of a
child or teen for purposes of individual-specific
advertising to children or teens (or to allow another
person to collect, use, disclose, or maintain such
information for such purpose);
''(C) to collect the personal information of a
child or teen except when the collection of the
personal information is--
''(i) consistent with the context of a
particular transaction or service or the
relationship of the child or teen with the
operator, including collection necessary to
fulfill a transaction or provide a product or
service requested by the child or teen; or
''(ii) required or specifically authorized
by Federal or State law; or
''(D) to store or transfer the personal information
of a child or teen outside of the United States unless
the operator provides direct notice to the parent of
the child, in the case of a child, or to the teen, in
the case of a teen, that the child's or teen's personal
information is being stored or transferred outside of
the United States; or
''(E) to retain the personal information of a child
or teen for longer than is reasonably necessary to
fulfill a transaction or provide a service requested by
the child or teen except as required or specifically
authorized by Federal or State law.''; and
(B) in paragraph (2)--
(i) in the header, by striking ''parent''
and inserting '''parent or teen''';
(ii) by striking ''Notwithstanding
paragraph (1)'' and inserting ''Notwithstanding
paragraph (1)(A)'';
(iii) by striking ''of such a website or
online service''; and
(iv) by striking ''subsection
(b)(1)(B)(iii) to the parent of a child'' and
inserting ''subsection (b)(1)(B)(iv) to the
parent of a child or under subsection
(b)(1)(C)(iv) to a teen'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ''operator of any
website'' and all that follows through
''from a child'' and inserting
''operator of a website, online
service, online application, or mobile
application directed to children or
that has actual knowledge or knowledge
fairly implied on the basis of