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15 U.S.C. § 6503 — Safe harbors

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

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Source location: Title 15, Chapter 91, § 6503; chapter-091-childrens-online-privacy-protection.md

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

5 U.S.C. § 706 — Scope of review

To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall— (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.

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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

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

15 U.S.C. § 6501 — Definitions

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 chil

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

15 U.S.C. § 6503 — Safe harbors

Page 2246 TITLE 15—COMMERCE AND TRADE § 6503 tice prescribed under section 57a(a)(1)(B) of this title. (d) Inconsistent State law No State or local government may impose any liability for commercial activities or actions by operators in interstate or foreign commerce in connection with an activity or action described in this chapter that is inconsistent with the treatment of those activities or actions under this section. (Pub. L. 105–277, div. C, title XIII, § 1303, Oct. 21, 1998, 112 Stat. 2681–730.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of subsec. (a) of this section, see section 1308 of Pub. L. 105–277, set out as a note under section 6501 of this title. § 6503. Safe harbors (a) Guidelines An operator may satisfy the requirements of regulations issued under section 6502(b) of this title by following a set of self-regulatory guide- lines, issued by representatives of the marketing or online industries, or by other persons, ap- proved under subsection (b). (b) Incentives (1) Self-regulatory incentives In prescribing regulations under section 6502 of this title, the Commission shall provide in- centives for self-regulation by operators to im- plement 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 regu- lations under section 6502 of this title if that person complies with guidelines that, after no- tice and comment, are approved by the Com- mission upon making a determination that the guidelines meet the requirements of the regulations issued under section 6502 of this title. (3) Ex

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