Children's Privacy Protection and Parental Empowerment Act of 1996

1O4TH CONGRESS
2D SESSION

IN THE HOUSE OF REPRESENTATIVES

Mr. FRANKS of New Jersey introduced the following bill; which was referred to the Committee on _______________

A BILL To amend title 18, United States Code, to prohibit the sale of personal information about children without their parents' consent, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Children's Privacy Protection and Parental Empowerment Act of 1996".

SEC. 2. PROHIBITION OF CERTAIN ACTIVITIES RELATING TO PERSONAL INFORMATION ABOUT CHILDREN

(a) IN GENERAL,.Chapter 89 of title 18, United States Code, is amended by adding at the end the following:

"Sec.1822. Sale of personal information about children

"(a) Whoever, in or affecting interstate or foreign commerce

"(B) conditions any sale or service to a child or to that child's parent on the granting of such a consent;

"(2) being a list broker, knowingly fails to comply with the request of a parent--

"(B) to disclose all information that has been sold by that list broker about that child and all other information in the possession of that list broker, except information which under common law, statute, or the Constitution may not be disclosed; or

"(C) to disclose the identity of all persons to whom personal information about that child has been disclosed;

"(3) being a person who, using any personal information about a child in the course of commerce that was obtained for commercial purposes, has directly contacted that child or a parent of that child to offer a commercial product or service to that child, knowingly fails to comply with the request of a parent--

"(B) to disclose all information that has been sold by that person about that child and all other information in the possession of that individual, except information which under common law, statute, or the Constitution may not be disclosed; or

"(C) to disclose the identity of all persons to whom personal information about that child has been disclosed;

"(4) knowingly uses personal information about a child that was collected from the child by the user for commercial purposes in connection with a game, contest, or club, sponsored by that user, to contact that child other than in direct connection with that game, contest, or club, without the permission of a parent of that child;

"(5) knowingly uses prison inmate labor, or any worker who is registered pursuant to title XVII of the Violent Crime Control and Law Enforcement Act of 1994, for data processing of personal information about children; or

"(6) knowingly distributes or receives any personal information about a child, knowing or having reason to believe that the information will be used to abuse the child or physically to harm the child;

shall be fined under this title or imprisoned not more than one year, or both.

"(b) A child with respect to whom a violation of this section occurs may in a civil action obtain appropriate relief, including statutory money damages of not less than $1,000. The court shall award a prevailing plaintiff in a civil action under this subsection a reasonable attorney's fee as a part of the costs.

"(c) As used in this section

"(2) the term "parent" includes a legal guardian

"(3) the term 'personal information' means information (including name, address, telephone number, social security number, electronic mail address, and physical description) about an individual identified as a child, that would suffice to locate and contact that individual; and

"(4) the term 'list broker' means a person who, in the course of business, provides mailing lists, computerized or telephone reference services, or the like containing personal information of children."

(b) CLERICAL AMMENDMENT.--The table of sections at the beginning of chapter 89 of title 18, United States Code, is amended by adding at the end the following new item:

"1822. Sale of personal information about children.".