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 to preempt or supersede any other program relat- ing to propane education and research organized and operated under the laws of the United States or any State. (Pub. L. 104–284, § 11, Oct. 11, 1996, 110 Stat. 3375.) § 6411. Reports Within 2 years after October 11, 1996, and at least once every 2 years thereafter, the Sec- retary of Commerce shall prepare and submit to the Congress and the Secretary a report exam- ining whether operation of the Council, in con- junction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, ag- riculture, process, and nonfuel users of propane. The Secretary of Commerce shall consider and, to the extent practicable, shall include in the re- port submissions by propane consumers, and shall consider whether there have been long- term and short-term effects on propane prices as a result of Council activities and Federal pro- grams, and whether there have been changes in the proportion of propane demand attributable to various market segments. To the extent that the report demonstrates that there has been an adverse effect, the Secretary of Commerce shall include recommendations for correcting the sit- uation. Upon petition by affected parties or upon request by the Secretary of Energy, the Secretary of Commerce may prepare and submit the report required by this section at less than 2-year intervals. (Pub. L. 104–284, § 12, Oct. 11, 1996, 110 Stat. 3375.) CHAPTER 91—CHILDREN’S ONLINE PRIVACY PROTECTION Sec. 6501. Definitions. 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. 6503. Safe harbors. 6504. Actions by States. 6505. Administration and applicability. 6506. Review. § 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 per- sonal information from or about the users of or visitors to such website or online service, or on whose behalf such information is col- lected or maintained, where such website or online service is operated for commercial purposes, including any person offering prod- ucts or services for sale through that website or online service, involving com- merce— (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 cov- erage under section 45 of this title. (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 col- lected 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 Page 2244 TITLE 15—COMMERCE AND TRADE § 6502 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 knowl- edge that such information was collected from a child, publicly available in identifi- able form, by any means including by a pub- lic 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 agen- cy, as that term is defined in section 551(1) of title 5. (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 pro- tocols to such protocol, to communicate infor- mation of all kinds by wire or radio. (7) Parent The term ‘‘parent’’ includes a legal guard- ian. (8) Personal information The term ‘‘personal information’’ means in- dividually identifiable information about an individual collected online, including— (A) a first and last name; (B) a home or other physical address in- cluding 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 Commis- sion determines permits the physical or on- line 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 para- graph. (9) Verifiable parental consent The term ‘‘verifiable parental consent’’ means any reasonable effort (taking into con- sideration 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 collec- tion, use, and disclosure practices, and author- izes the collection, use, and disclosure, as ap- plicable, of personal information and the sub- sequent use of that information before that in- formation is collected from that child. (10) Website or online service directed to chil- dren (A) In general The term ‘‘website or online service di- rected to children’’ means— (i) a commercial website or online serv- ice that is targeted to children; or (ii) that portion of a commercial website or online service that is targeted to chil- dren. (B) Limitation A commercial website or online service, or a portion of a commercial website or online service, shall not be deemed directed to chil- dren solely for referring or linking to a com- mercial 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, cooper- ative, association, or other entity. (12) Online contact information The term ‘‘online contact information’’ means an e-mail address or another substan- tially similar identifier that permits direct contact with a person online. (Pub. L. 105–277, div. C, title XIII, § 1302, Oct. 21, 1998, 112 Stat. 2681–728.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–277, div. C, title XIII, § 1308, Oct. 21, 1998, 112 Stat. 2681–735, provided that: ‘‘Sections 1303(a), 1305, and 1306 of this title [enacting sections 6502(a), 6504, and 6505 of this title] take effect on the later of— ‘‘(1) the date that is 18 months after the date of en- actment of this Act [Oct. 21, 1998]; or ‘‘(2) the date on which the Commission rules on the first application filed for safe harbor treatment under section 1304 [enacting section 6503 of this title] if the Commission does not rule on the first such applica- tion within one year after the date of enactment of this Act, but in no case later than the date that is 30 months after the date of enactment of this Act.’’ SHORT TITLE Pub. L. 105–277, div. C, title XIII, § 1301, Oct. 21, 1998, 112 Stat. 2681–728, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Children’s Online Privacy Protection Act of 1998’.’’ § 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 op- erator 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 pre- scribed 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 re-