Text of H.R. 3508
Children's Privacy Protection and Parental Empowerment Act of
1996
HR 3508 IH
104th CONGRESS
2d Session
H. R. 3508
To amend title 18, United States Code, to prohibit the sale of personal
information about children without their parents' consent, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
May 22, 1996
Mr. FRANKS of New Jersey (for himself, Mr. FROST, Mr. HUTCHINSON, Mr. NEY,
Mr. MCHUGH, Mr. CALVERT, Mr. FAZIO of California, Mr. WELDON of Florida,
and Mr. HORN) introduced the following bill; which was referred to the Committee
on the Judiciary
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--
`(1) being a list broker, knowingly--
`(A) sells, purchases, or receives remuneration for providing personal
information about a child without the written consent of a parent of that
child, or
`(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--
`(A) to disclose the source of personal information about that parent's
child;
`(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--
`(A) to disclose the source of personal information about that parent's
child;
`(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--
`(1) the term `child' means a person who has not attained the age
of 16 years;
`(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 AMENDMENT- 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.'.
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