House Bill 2442 - State of Washington, 66th Legislature (2020 Regular Session)

Summary

House Bill 2442, State of Washington, 66th Legislature, 2020 Regular Session, by Representatives Leavitt, Hudgins, Kloba, and Smith, read first time January 14, 2020 and referred to the Committee on Innovation, Technology & Economic Development. The act relates to privacy rights for Washington minors and adds a new chapter to Title 19 RCW. The first new section provides that an operator of an internet web site, online service, online application, or mobile application directed to minors may not market or advertise certain products or services, including alcoholic beverages, firearms and other dangerous weapons, and ammunition. Another new section provides that, in an action brought by the attorney general, a violation is subject to a civil penalty of two thousand five hundred dollars for each violation.

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Full text

     H-3690.1

                                HOUSE BILL 2442


     State of Washington        66th Legislature         2020 Regular Session

     By Representatives Leavitt, Hudgins, Kloba, and Smith

     Read first time 01/14/20.      Referred   to   Committee   on   Innovation,
     Technology & Economic Development.




1        AN ACT Relating to privacy rights for Washington minors; and
2    adding a new chapter to Title 19 RCW.


3    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 4       NEW SECTION. Sec. 1. (1) An operator of an internet web site,
 5   online service, online application, or mobile application directed to
 6   minors may not market or advertise a product or service described in
 7   subsection (7) of this section on its internet web site, online
 8   service, online application, or mobile application directed to
 9   minors.
10       (2) An operator of an internet web site, online service, online
11   application, or mobile application may not market or advertise a
12   product or service described in subsection (7) of this section to a
13   minor who the operator has actual knowledge is using its internet web
14   site, online service, online application, or mobile application and
15   is a minor, if the marketing or advertising is specifically directed
16   to that minor based upon information specific to that minor
17   including, but not limited to, the minor's profile, activity,
18   address, or location information sufficient to establish a contact
19   with a minor, and excluding internet protocol address and product
20   identification numbers for the operation of a service.


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 1       (3) An operator of an internet web site, online service, online
 2   application, or mobile application is deemed in compliance with
 3   subsection (2) of this section if the operator takes reasonable
 4   actions in good faith designed to avoid marketing or advertising
 5   under the circumstances prohibited in subsection (2) of this section.
 6       (4) An operator of an internet web site, online service, online
 7   application, or mobile application directed to minors or an operator
 8   who has actual knowledge that a minor is using the operator's
 9   internet web site, online service, online application, or mobile
10   application may not knowingly use, disclose, compile, or allow a
11   third party to use, disclose, or compile, the personal information of
12   a minor if the use, disclosure, or compilation is for the purpose of
13   marketing or advertising products or services described in subsection
14   (7) of this section to that minor.
15       (5)(a) With respect to marketing or advertising provided by an
16   advertising service, the operator of an internet web site, online
17   service, online application, or mobile application directed to minors
18   is deemed in compliance with subsection (1) of this section if the
19   operator notifies the advertising service, in the manner required by
20   the advertising service, that the internet web site, online service,
21   online application, or mobile application is directed to minors.
22       (b) If an advertising service is notified pursuant to (a) of this
23   subsection, the advertising service may not market or advertise a
24   product or service described in subsection (7) of this section on the
25   operator's internet web site, online service, online application, or
26   mobile application directed to minors.
27       (6) The marketing and advertising restrictions in subsections (1)
28   through (4) of this section do not apply to the incidental placement
29   of products or services embedded in content if the content is not
30   distributed by or at the direction of the operator primarily for the
31   purposes of marketing and advertising of the products and services
32   described in subsection (7) of this section.
33       (7) The marketing and advertising restrictions in this section
34   apply to the following products and services:
35       (a) Alcoholic beverages, as defined in RCW 82.08.0293;
36       (b) Firearms and other dangerous weapons, as defined in chapter
37   9.41 RCW;
38       (c) Ammunition or reloaded ammunition;



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 1       (d) Any air gun, including any air pistol or air rifle, designed
 2   to propel a BB, pellet, or other projectile by the discharge of
 3   compressed air, carbon dioxide, or other gas;
 4       (e) Fireworks, as defined in RCW 70.77.126;
 5       (f) Aerosol container of paint that is capable of defacing
 6   property;
 7       (g) Etching cream or any caustic cream, gel, liquid, or solution
 8   capable of defacing, damaging, or destroying property by means of a
 9   chemical action;
10       (h) Any tobacco, tobacco products, cigarette, or cigarette
11   papers, or blunt wraps, or any other preparation of tobacco, or any
12   other instrument or paraphernalia that is designed for the smoking or
13   ingestion of tobacco or tobacco products;
14       (i) Any cannabis, cannabis product, cannabis business, or any
15   instrument or paraphernalia that is designed for the smoking or
16   ingestion of cannabis or cannabis products;
17       (j) Vapor products, as defined in RCW 70.345.010;
18       (k) Any controlled substance, as defined in RCW 69.50.101;
19       (l) Drug paraphernalia, as defined in RCW 69.50.102;
20       (m) Salvia divinorum or Salvinorin A, or any substance or
21   material containing Salvia divinorum or Salvinorin A;
22       (n) Dietary supplements, as defined in RCW 82.08.0293, containing
23   ephedrine group alkaloids;
24       (o) Tanning in an ultraviolet tanning device, as defined in RCW
25   18.370.010;
26       (p) Body branding or any process in which a mark or marks are
27   burned into human skin tissue with a hot iron or other instrument,
28   with the intention of leaving a permanent scar;
29       (q) Tattooing, as defined in RCW 18.300.010;
30       (r) Tickets or shares in a lottery game or state lottery, as
31   defined in RCW 67.70.010; or
32       (s) Lewd or obscene matter.


33       NEW SECTION. Sec. 2. (1) An operator of an internet web site,
34   online service, online application, or mobile application directed to
35   minors or an operator of an internet web site, online service, online
36   application, or mobile application that has actual knowledge that a
37   minor is using its internet web site, online service, online
38   application, or mobile application shall:


                                     p. 3                          HB 2442
 1       (a) Permit a minor who is a registered user of the operator's
 2   internet web site, online service, online application, or mobile
 3   application to remove or to request and obtain removal of content or
 4   information posted on the operator's internet web site, online
 5   service, online application, or mobile application by the minor;
 6       (b) Provide notice to a minor who is a registered user of the
 7   operator's internet web site, online service, online application, or
 8   mobile application that the minor may remove or request and obtain
 9   removal of content or information posted on the operator's internet
10   web site, online service, online application, or mobile application
11   by the minor;
12       (c) Provide clear instructions to a minor who is a registered
13   user of the operator's internet web site, online service, online
14   application, or mobile application on how the minor may remove or
15   request and obtain the removal of content or information posted on
16   the operator's internet web site, online service, online application,
17   or mobile application by the minor; and
18       (d) Provide notice to a minor who is a registered user of the
19   operator's internet web site, online service, online application, or
20   mobile application that the removal pursuant to (a) of this
21   subsection does not ensure complete or comprehensive removal of the
22   content or information posted on the operator's internet web site,
23   online service, online application, or mobile application by the
24   minor.
25       (2) An operator or a third party is not required to erase or
26   otherwise eliminate content or information in any of the following
27   circumstances:
28       (a) Any other provision of federal or state law requires the
29   operator or third party to maintain the content or information;
30       (b) The content or information was stored or posted on the
31   operator's internet web site, online service, online application, or
32   mobile application by a third party other than the minor, who is a
33   registered user, including any content or information posted by the
34   minor and stored, republished, or reposted by the third party;
35       (c) The operator anonymizes the content or information posted by
36   the minor who is a registered user, so that the minor cannot be
37   individually identified;
38       (d) The minor does not follow the instructions provided to the
39   minor pursuant to subsection (1)(c) of this section on how the minor
40   may request and obtain the removal of content or information posted
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 1   on the operator's internet web site, online service, online
 2   application, or mobile application by the minor; or
 3       (e) The minor has received compensation or other consideration
 4   for providing the content.
 5       (3) Nothing in this section limits the authority of a law
 6   enforcement agency to obtain any content or information from an
 7   operator as authorized by law or pursuant to a court order.
 8       (4) An operator is deemed in compliance with this section if:
 9       (a) The operator renders the content or information posted by a
10   minor, who is a registered user, no longer visible to other users of
11   the service and the public even if the content or information remains
12   on the operator's servers; or
13       (b) Despite the operator's making invisible the original posting
14   by a minor, who is a registered user, the posting remains visible
15   because a third party has copied the posting or reposted the content
16   or information posted by the minor.


17       NEW SECTION.    Sec. 3.    The definitions in this section apply
18   throughout   this  chapter   unless  the   context  clearly  requires
19   otherwise.
20       (1) "Internet web site, online service, online application, or
21   mobile application directed to minors" mean an internet web site,
22   online service, online application, or mobile application, or a
23   portion thereof, that is created for the purpose of reaching an
24   audience that is predominately comprised of minors, and is not
25   intended for a more general audience comprised of adults. An internet
26   web site, online service, online application, or mobile application,
27   or a portion thereof, is not deemed to be directed at minors solely
28   because it refers or links to an internet web site, online service,
29   online application, or mobile application directed to minors by using
30   information location tools, including a directory, index, reference,
31   pointer, or hypertext link.
32       (2) "Marketing or advertising" means, in exchange for monetary
33   compensation, to make a communication to one or more individuals or
34   to arrange for the dissemination to the public of a communication the
35   primary purpose of which is to encourage recipients to purchase or
36   use a product or service described in the communication.
37       (3) "Minor" means a natural person under eighteen years of age
38   who resides in Washington state.


                                     p. 5                          HB 2442
 1       (4) "Operator" means any person or entity that owns an internet
 2   web site, online service, online application, or mobile application.
 3   "Operator" does not include any third party that operates, hosts, or
 4   manages, but does not own, an internet web site, online service,
 5   online application, or mobile application on the owner's behalf or
 6   processes information on the owner's behalf.
 7       (5) "Posted" means content or information that can be accessed by
 8   a user in addition to the minor who posted the content or
 9   information, whether the user is a registered user or not, of the
10   internet web site, online service, online application, or mobile
11   application where the content or information is posted.

12       NEW SECTION.    Sec. 4.    Nothing in this chapter requires an
13   operator of an internet web site, online service, online application,
14   or mobile application to collect or retain age information about
15   users.


16       NEW SECTION.    Sec. 5.     (1) The legislature finds that the
17   practices covered by this chapter are matters vitally affecting the
18   public interest for the purpose of applying the consumer protection
19   act, chapter 19.86 RCW. A violation of this chapter is not reasonable
20   in relation to the development and preservation of business and is an
21   unfair or deceptive act in trade or commerce and an unfair method of
22   competition for the purpose of applying the consumer protection act,
23   chapter 19.86 RCW.
24       (2) In any action brought by the attorney general to enforce this
25   chapter, a violation of this chapter is subject to a civil penalty of
26   two thousand five hundred dollars for each violation of this chapter.
27       (3) An individual prevailing in an action under this chapter may
28   recover actual damages, but not less than liquidated damages of two
29   thousand five hundred dollars per violation.
30       (4) A court shall award costs and reasonable attorneys' fees to a
31   plaintiff who prevails in an action under this chapter.


32       NEW SECTION.     Sec. 6.    Sections 1   through   5   of   this   act
33   constitute a new chapter in Title 19 RCW.

                                  --- END ---




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