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15 U.S.C. § 6501 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6501 — Definitions

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Stable record: federal_law:legal_authorities:record_usc_05381fd910b4e6a18affcf96
Source file: Laws/federal/codes/united-states-code/title-15/section-6501-definitions--238b2a316e.md
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Source location: Title 15, Chapter 91, § 6501; chapter-091-childrens-online-privacy-protection.md

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In this chapter: (1) **Child** — The term “child” means an individual under the age of 13. (2) **Operator** — The term “operator”— (A) means any person who operates a website located on the Internet or an online service and who collects or maintains personal information from or about the users of or visitors to such website or online service, or on whose behalf such information is collected or maintained, where such website or online service is operated for commercial purposes, including any person offering products or services for sale through that website or online service, involving commerce— (i) among the several States or with 1 or more foreign nations; (ii) in any territory of the United States or in the District of Columbia, or between any such territory and— (I) another such territory; or (II) any State or foreign nation; or (iii) between the District of Columbia and any State, territory, or foreign nation; but (B) does not include any nonprofit entity that would otherwise be exempt from coverage under [section 45 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim). (3) **Commission** — The term “Commission” means the Federal Trade Commission. (4) **Disclosure** — The term “disclosure” means, with respect to personal information— (A) the release of personal information collected from a child in identifiable form by an operator for any purpose, except where such information is provided to a person other than the operator who provides support for the internal operations of the website and does not disclose or use that information for any other purpose; and (B) making personal information collected from a child by a website or online service directed to children or with actual knowledge that such information was collected from a child, publicly available in identifiable form, by any means including by a public posting, through the Internet, or through— (i) a home page of a website; (ii) a pen pal service; (iii) an electronic mail service; (iv) a message board; or (v) a chat room. (5) **Federal agency** — The term “Federal agency” means an agency, as that term is defined in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim). (6) **Internet** — The term “Internet” means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (7) **Parent** — The term “parent” includes a legal guardian. (8) **Personal information** — The term “personal information” means individually identifiable information about an individual collected online, including— (A) a first and last name; (B) a home or other physical address including street name and name of a city or town; (C) an e-mail address; (D) a telephone number; (E) a Social Security number; (F) any other identifier that the Commission determines permits the physical or online contacting of a specific individual; or (G) information concerning the child or the parents of that child that the website collects online from the child and combines with an identifier described in this paragraph. (9) **Verifiable parental consent** — The term “verifiable parental consent” means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child receives notice of the operator’s personal information collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from that child. (10) **Website or online service directed to children** (A) *In general* — The term “website or online service directed to children” means— (i) a commercial website or online service that is targeted to children; or (ii) that portion of a commercial website or online service that is targeted to children. (B) *Limitation* — A commercial website or online service, or a portion of a commercial website or online service, shall not be deemed directed to children solely for referring or linking to a commercial website or online service directed to children by using information location tools, including a directory, index, reference, pointer, or hypertext link. (11) **Person** — The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity. (12) **Online contact information** — The term “online contact information” means an e-mail address or another substantially similar identifier that permits direct contact with a person online.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 45 — Unfair methods of competition unlawful; prevention by Commission

**(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade** (1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful. (2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended [[7 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section181&num=0&edition=prelim) et seq.], except as provided in section 406(b) of said Act [[7 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section227/b&num=0&edition=prelim)], from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce. (3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless— (A) such methods of competition have a direct, substantial, and reasonably foreseeable effect— (i) on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 45

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6503 — Safe harbors

**(a) Guidelines** An operator may satisfy the requirements of regulations issued under [section 6502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6502/b&num=0&edition=prelim) 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 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6502&num=0&edition=prelim), 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 compliance** — 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 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6502&num=0&edition=prelim) 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 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6502&num=0&edition=prelim). (3) **Expedited response to requests** — The Commission shall act upon requests for safe harbor treatment within 180 days of the filing of the request, and 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6503

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6502 — Regulation of unfair and deceptive acts and practices in connection with collection and use of personal information from and about children on the Internet

**(a) Acts prohibited** (1) **In general** — It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b). (2) **Disclosure to parent protected** — Notwithstanding paragraph (1), neither an operator of such a website or online service nor the operator’s agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of personal information under subsection (b)(1)(B)(iii) to the parent of a child. **(b) Regulations** (1) **In general** — Not later than 1 year after October 21, 1998, the Commission shall promulgate under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) regulations that— (A) require the operator of any website or online service directed to children that collects personal information from children or the operator of a website or online service that has actual knowledge that it is collecting personal information from a child— (i) to provide notice on the website of what information is collected from children by the operator, how the operator uses such information, and the operator’s disclosure practices for such information; and (ii) to obtain verifiable parental consent for the collection, use, or disclosure of personal information from children; (B) require the operator to provide, upon request of a parent under this subparagraph whose child has provided personal information to that website or online service, u

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6502

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6504 — Actions by States

**(a) In general** (1) **Civil actions** — In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under [section 6502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6502/b&num=0&edition=prelim), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with the regulation; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) **Notice** (A) *In general* — Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission— (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) *Exemption* (i) *In general* — Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) *Notification* — In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. **(b) Intervention** (1) **In general** — On receiving notice under subsection (a)(2), the Commission shall have the right

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6504

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6505 — Administration and applicability

**(a) In general** Except as otherwise provided, this chapter shall be enforced by the Commission under the Federal Trade Commission Act ([15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.). **(b) Provisions** Compliance with the requirements imposed under this chapter shall be enforced under— (1) section 8 of the Federal Deposit Insurance Act ([12 U.S.C. 1818](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1818&num=0&edition=prelim)), in the case of— (A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) 11 See References in Text note below. of the Federal Reserve Act ([12 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section601&num=0&edition=prelim) et seq. and 611 et. seq.), by the Board; and (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; (2) section 8 of the Federal Deposit Insurance Act ([12 U.S.C. 1818](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1818&num=0&edition=prelim)), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Feder

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6505

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6501 — Definitions

Page 2243 TITLE 15—COMMERCE AND TRADE § 6501 (b) Authority to restrict activities If in any year the 5-year average rolling price index of consumer grade propane exceeds the 5- year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of No. 2 fuel oil in an amount greater than 10.1 percent, the activi- ties of the Council shall be restricted to re- search and development, training, and safety matters. The Council shall inform the Secretary of Energy and the Congress of any restriction of activities under this subsection. Upon expira- tion of 180 days after the beginning of any such restriction of activities, the Secretary of Com- merce shall again conduct the propane price analysis described in subsection (a). Activities of the Council shall continue to be restricted under this subsection until the price index ex- cess is 10.1 percent or less. (Pub. L. 104–284, § 9, Oct. 11, 1996, 110 Stat. 3375; Pub. L. 113–269, § 2(b), Dec. 18, 2014, 128 Stat. 2947.) Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–269 substituted ‘‘the re- finer price to end users of consumer grade propane, as published by the Energy Information Administration’’ for ‘‘only data provided by the Energy Information Ad- ministration’’. § 6409. Pricing In all cases, the price of propane shall be de- termined by market forces. Consistent with the antitrust laws, the Council may take no action, nor may any provision of this chapter be inter- preted as establishing an agreement to pass along to consumers the cost of the assessment provided for in section 6405 of this title. (Pub. L. 104–284, § 10, Oct. 11, 1996, 110 Stat. 3375.) § 6410. Relation to other programs Nothing in this chapter may be construed

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6501

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