board77

The Last Homely Site on the Web

May I suggest....

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Posted: Mon 05 Sep , 2005 10:31 am
of Vinyamar
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Posts: 8274
Joined: Mon 28 Feb , 2005 4:39 pm
Location: Ireland
Contact: ICQ
 
Thanks for the detailed response Sam. My own opinion is that 16 is probably the best compromise, but I can understand that for some even that is too low. Since the legalities of the issue are beyond me I'll leave it at that but I am concerned that we may lose members either way.

There are members who will feel either morally obligated to leave, or will feel legally required to leave if members under 18 get access. Alternatively, we will lose those members who are currently under 18. Either way we will ose posters. I feel very strongly that this should not become a popularity contest.

We need to discuss both alternatives on their merits, impartially.

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Axordil
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Posted: Mon 05 Sep , 2005 6:15 pm
Not so deep as a well
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Posts: 7360
Joined: Tue 11 Jan , 2005 3:02 am
Location: In your wildest dreams
 
Well, that's quite the ominous message from phpbber... :Q Hope we're not the only ones seeing it...

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Eruname
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Posted: Mon 05 Sep , 2005 7:42 pm
Islanded in a Stream of Stars
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All free boards should be seeing it. IIRC they've put something up there like that before.

edit: If you look at the very bottom of our main page and read all the phpbber stuff, it says that the TOS was recently updated, so that's probably why the notice was put up.

Here's the relevant part:
Quote:
phpbber does not verify contents of any web site using our web service. All members are responsible for everything inside their own website. All members can be held legally accountable for the contents on their website; including for example; material protected by
copyright, trademark, patent, trade secret law. You are not allowed to associate your website with adult oriented material such as pornography, XXX material, Gorean, anything illegal, bigotry, racism, hatred, profanity, mail fraud, pyramid schemes, or any material which may be insulting to another person(s) or company, or depicts the exploitation of minors (children under 18 years of age). No spamming allowed, no harassing, threatening or illegal activities.
I don't think we're in danger of breaking any of this.

edit no 2: Relevant thread at phpbber forum:
http://www.phpbber.com/support/viewtopic.php?t=706

relevant quote:
admin wrote:
we are more concern with forums which most content are about illegal mp3, keygen, serial, program, porn, etc
It now seems enough people complained about the bold red lettering so it's gone...only admin can see it now.

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IdylleSeethes
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Posted: Mon 05 Sep , 2005 9:43 pm
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"Compromise" seems like an odd word to use in this context. Three of us who can claim to have some knowledge of the legal issues involved have made our personal positions clear.

If you want to pursue operating on the fringe of the law, the discussion should be about risk assessment. For at least those in the US, discussing sexual issues with underage children, no matter what the location of the board is, is risky behavior. Those who dispense sexual advice to minors, who are not professionals in the field or not operating under the direction of professionals in the field, are assuming some amount of risk. The risks are civil action and criminal prosecution.

Even for professionals, there is some amount of risk. My daughter's grand jury investigates at least one social worker a month and there have been several convictions this year on child related issues. These are for issues in which they were not the primary actor, but were still considered liable for criminal negligence. I have a friend who is retired from being the secretary to the archbishop in a US diocese. Because of the abuse issues within the Church, he tells me even priests who are certified counsellors are not allowed to have unchaperoned discussions with minors.

I can agree this is unfortunate, but we cannot change it.

As I have said before, Board77 has the legal advantages that the tacit owner is not a US citizen and the board has no real assets, so legal actions against the board are of little consequence to it. However, the members can be pursued individually. The discussion about participation by minors is not the same as the discussion of any of the prior issues on the nature of ToE. All members, whether or not they post in ToE may be exposed, since they cannot deny knowledge of an admissions policy that allows minors to enter.

I hope we get another legal opinion soon, end this discussion, and get on to deciding some of the other issues related to ToE.

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Jnyusa
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Posted: Tue 06 Sep , 2005 8:22 pm
One of the Bronte Sisters
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Disclaimer: I do not pretend to be able to interpret any of this information as it relates to us. This is just the result of an evening's worth of googling.
_________________________

The Internet Society has a listing of all proposed laws affecting the internet.
Internet Society

The subcategory of laws that are of interest to us are: Censorship

You can click on each of the laws and get the names of its co-sponsors, committees it will be referred to, and current status.

Here is another site with summary of laws regarding internet pornography and child protection:
GSU Law

And this site summarizes policy in various countries. You can click on the country:

International Censorship

Only a few of the laws given in the first link have actually been passed, and the one that might affect us the most has had most of its provisions struck down by the Supreme Court as violations of the first Amendment. That is the Children’s Online Protection Act of 1997 (COPA). A brief description of the work of the Commission created by that act is in COPA Commision. This concerns various protections that might be offered, including voluntary labeling.

Laws that have been passed:
_______________________________________

Title 18 of the U.S. Commercial Code has been amended to prohibit the use of misleading domain names to expose minors to ‘obscenity.’ Community standards continue to be used to define ‘obscenity.’ Voronwe obtained for us the Supreme Court opinion on obscenity and it is posted in the Jury Room Reference Thread for Controversial Topics

The full text of the amendment is as follows:
Title 18

TITLE 18 > PART I > CHAPTER 110 > § 2252B

§ 2252B. Misleading domain names on the Internet


Release date: 2005-08-03

(a) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title or imprisoned not more than 2 years, or both.

(b) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 4 years, or both.

(c) For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as “sex” or “porn”, is not misleading.

(d) For the purposes of this section, the term “material that is harmful to minors” means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context—
(1) predominantly appeals to a prurient interest of minors;
(2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(3) lacks serious literary, artistic, political, or scientific value for minors.

(e) For the purposes of subsection (d), the term “sex” means acts of masturbation, sexual intercourse, or physcial [1] contact with a person’s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.
------------------------------------------------------------------------
[1] So in original. Probably should be “physical”.

__________________________________________________

Protection of Children From Sexual Predators Act of 1998 (Enrolled as Agreed to or Passed by Both House and Senate)[H.R.3494.ENR]
H.R.3494
Title: An act to amend title 18, United States Code, to protect children from sexual abusae and exploitation, and for other purposes.
Sponsor: Rep McCollum, Bill [FL-8] (introduced 3/18/1998) Cosponsors (25)
Related Bills: H.RES.465, H.R.3729
Latest Major Action: Became Public Law No: 105-314 [GPO: Text, PDF]
House Reports: 105-557
------------------------------------------------------------------------
MAJOR ACTIONS: (color indicates Senate actions)

3/18/1998 Introduced/originated in House
6/3/1998 Reported (Amended) by the Committee on Judiciary. H. Rept. 105-557.
6/11/1998 Passed/agreed to in House: On passage Passed by the Yeas and Nays: 416 - 0, 1 Present (Roll No. 230).
9/17/1998 Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute and an amendment to the title. Without written report.
10/9/1998 Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
10/30/1998 Signed by President.
10/30/1998 Became Public Law No: 105-314 [Text, PDF]
Text of Bill: http://frwebgate.access.gpo.gov/cgi-bin ... ubl314.105

``Whoever, using the mail or any facility or means of interstate or
foreign commerce, or within the special maritime and territorial
jurisdiction of the United States, knowingly initiates the transmission
of the name, address, telephone number, social security number, or
electronic mail address of another individual, knowing that such other
individual has not attained the age of 16 years, with the intent to
entice, encourage, offer, or solicit any person to engage in any sexual
activity for which any person can be charged with a criminal offense, or
attempts to do so, shall be fined under this title, imprisoned not more
than 5 years, or both.''.
______________________________________

In Committee

Protecting Children From Internet Predators Act of 1997 (Introduced in House) HR 2815 IH
http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2815:
H.R.2815
Title: To amend title 18, United States Code, to provide penalties for the use of interstate facilities to target children for sexually explicit messages or contacts.
Sponsor: Rep Weller, Jerry [IL-11] (introduced 11/5/1997) Cosponsors (None)
Latest Major Action: 4/30/1998 House committee/subcommittee actions. Status: Subcommittee Hearings Held.
H.R.2815
Title: To amend title 18, United States Code, to provide penalties for the use of interstate facilities to target children for sexually explicit messages or contacts.
Sponsor: Rep Weller, Jerry [IL-11] (introduced 11/5/1997) Cosponsors (None)
Latest Major Action: 4/30/1998 House committee/subcommittee actions. Status: Subcommittee Hearings Held.
------------------------------------------------------------------------
COMMITTEE(S):

Committee/Subcommittee: Activity:
House Judiciary Referral, In Committee
Subcommittee on Crime Referral, Hearings
H.R.2815
Title: To amend title 18, United States Code, to provide penalties for the use of interstate facilities to target children for sexually explicit messages or contacts.
Sponsor: Rep Weller, Jerry [IL-11] (introduced 11/5/1997) Cosponsors (None)
Latest Major Action: 4/30/1998 House committee/subcommittee actions. Status: Subcommittee Hearings Held.
------------------------------------------------------------------------
ALL ACTIONS: (color indicates Senate actions)

11/5/1997:
Referred to the House Committee on the Judiciary.

11/13/1997:
Referred to the Subcommittee on Crime.

4/30/1998:
Subcommittee Hearings Held.

______________________________________

Passed: COPA - regulating information gathered from children < 13

Full text:

Children's Online Privacy Protection Act of 1998

TITLE XIII-CHILDREN'S ONLINE PRIVACY PROTECTION

SEC. 1301. SHORT TITLE.


This title may be cited as the "Children's Online Privacy Protection Act of 1998".

SEC. 1302. DEFINITIONS.

In this title:

(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 5 of the Federal Trade Commission Act (15 U.S.C. 45).

(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 children or with actual knowledge that such information was collected from a child, publicly available in identifiable form, by any means including by a public 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 agency, as that term is defined in section 551(1) of title 5, United States Code.

(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 protocols to such protocol, to communicate information of all kinds by wire or radio.

(7) PARENT.—The term "parent" includes a legal guardian.

(8) PERSONAL INFORMATION.—The term "personal information" means individually identifiable information about an individual collected online, including—

(A) a first and last name;

(B) a home or other physical address including 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 Commission determines permits the physical or online 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 paragraph.

(9) VERIFIABLE PARENTAL CONSENT.—The term "verifiable parental consent" means any reasonable effort (taking into consideration 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 collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from that child.

(10) WEBSITE OR ONLINE SERVICE DIRECTED TO CHILDREN.—

(A) IN GENERAL.—The term "website or online service directed to children" means—

(i) a commercial website or online service that is targeted to children; or

(ii) that portion of a commercial website or online service that is targeted to children.

(B) LIMITATION.—A commercial website or online service, or a portion of a commercial website or online service, shall not be deemed directed to children solely for referring or linking to a commercial 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, cooperative, association, or other entity.

(12) ONLINE CONTACT INFORMATION.—The term "online contact information" means an e-mail address or an-other substantially similar identifier that permits direct contact with a person online.

SEC. 1303. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH THE 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 per-sonal information under subsection (b)(1)(B)(iii) to the parent of a child.

(b) REGULATIONS.—

(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate under section 553 of title 5, United States Code, 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, upon proper identification of that parent, to such par-ent—

(i) a description of the specific types of personal information collected from the child by that operator;

(ii) the opportunity at any time to refuse to permit the operator's further use or maintenance in retrievable form, or future online collection, of personal information from that child; and

(iii) notwithstanding any other provision of law, a means that is reasonable under the circumstances for the parent to obtain any personal information collected from that child;

(C) prohibit conditioning a child's participation in a game, the offering of a prize, or another activity on the child disclosing more personal information than is reasonably necessary to participate in such activity; and

(D) require the operator of such a website or online service to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children.

(2) WHEN CONSENT NOT REQUIRED.—The regulations shall provide that verifiable parental consent under paragraph (1)(A)(ii) is not required in the case of—

(A) online contact information collected from a child that is used only to respond directly on a one-time basis to a specific request from the child and is not used to recontact the child and is not maintained in retrievable form by the operator;

(B) a request for the name or online contact information of a parent or child that is used for the sole purpose of obtaining parental consent or providing notice under this section and where such information is not maintained in retrievable form by the operator if parental consent is not obtained after a reasonable time;

(C) online contact information collected from a child that is used only to respond more than once directly to a specific request from the child and is not used to recontact the child beyond the scope of that request—

(i) if, before any additional response after the initial response to the child, the operator uses reasonable efforts to provide a parent notice of the online contact information collected from the child, the purposes for which it is to be used, and an opportunity for the parent to request that the operator make no further use of the information and that it not be maintained in retrievable form; or

(ii) without notice to the parent in such circumstances as the Commission may determine are appropriate, taking into consideration the benefits to the child of access to information and services, and risks to the security and privacy of the child, in regulations promulgated under this subsection;

(D) the name of the child and online contact information (to the extent reasonably necessary to protect the safety of a child participant on the site)—

(i) used only for the purpose of protecting such safety;

(ii) not used to recontact the child or for any other purpose; and

(iii) not disclosed on the site, if the operator uses reasonable efforts to provide a parent notice of the name and online contact information collected from the child, the purposes for which it is to be used, and an opportunity for the parent to request that the operator make no further use of the information and that it not be maintained in retrievable form; or

(E) the collection, use, or dissemination of such information by the operator of such a website or online service necessary—

(i) to protect the security or integrity of its website;

(ii) to take precautions against liability;

(iii) to respond to judicial process; or

(iv) to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety. 1815

(3) TERMINATION OF SERVICE.—The regulations shall permit the operator of a website or an online service to terminate service provided to a child whose parent has refused, under the regulations prescribed under paragraph (1)(B)(ii), to permit the operator's further use or maintenance in retrievable form, or future online collection, of personal information from that child.

(c) ENFORCEMENT.—Subject to sections 1304 and 1306, a violation of a regulation prescribed under subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).

(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 title that is inconsistent with the treatment of those activities or actions under this section.

SEC. 1304. SAFE HARBORS.

(a) GUIDELINES.—An operator may satisfy the requirements of regulations issued under section 1303(b) 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 1303, 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 1303 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 1303.

(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 act within 180 days on a request for approval of guidelines, submitted under subsection (b) may be appealed to a district court of the United States of appropriate jurisdiction as provided for in section 706 of title 5, United States Code.

SEC. 1305. ACTIONS BY STATES.

(a) IN GENERAL.—

(1) CIVIL ACTIONS.—In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under section 1303(b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to—

(A) enjoin that practice;

(B) enforce compliance with the regulation;

(C) obtain damage, restitution, or other compensation on behalf of residents of the State; or

(D) obtain such other relief as the court may consider to be appropriate.

(2) NOTICE.—

(A) IN GENERAL.—Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission—

(i) written notice of that action; and

(ii) a copy of the complaint for that action.

(B) EXEMPTION.—

(i) IN GENERAL.—Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action.

(ii) NOTIFICATION.—In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action.

(b) INTERVENTION.—

(1) IN GENERAL.—On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice.

(2) EFFECT OF INTERVENTION.—If the Commission intervenes in an action under subsection (a), it shall have the right—

(A) to be heard with respect to any matter that arises in that action; and

(B) to file a petition for appeal.

(3) AMICUS CURIAE.—Upon application to the court, a person whose self-regulatory guidelines have been approved by the Commission and are relied upon as a defense by any defendant to a proceeding under this section may file amicus curiae in that proceeding.

(c) CONSTRUCTION.—For purposes of bringing any civil action under subsection (a), nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to—

(1) conduct investigations;

(2) administer oaths or affirmations; or

(3) compel the attendance of witnesses or the production of documentary and other evidence.

(d) ACTIONS BY THE COMMISSION.—In any case in which an action is instituted by or on behalf of the Commission for violation of any regulation prescribed under section 1303, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that regulation.

(e) VENUE; SERVICE OF PROCESS.—

(1) VENUE.—Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code.

(2) SERVICE OF PROCESS.—In an action brought under subsection (a), process may be served in any district in which the defendant—

(A) is an inhabitant; or

(B) may be found.

SEC. 1306. ADMINISTRATION AND APPLICABILITY OF ACT.

(a) IN GENERAL.—Except as otherwise provided, this title shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

(b) PROVISIONS.—Compliance with the requirements imposed under this title shall be enforced under—(1) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of—

(A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency;

(B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act (12 U.S.C. 601 et seq. and 611 et seq.), by the Board; and

(C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Direc- tors of the Federal Deposit Insurance Corporation;

(2) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation;

(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.) by the National Credit Union Administration Board with respect to any Federal credit union;

(4) part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation with respect to any air carrier or foreign air carrier subject to that part;

(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) (except as provided in section 406 of that Act (7 U.S.C. 226, 227)), by the Secretary of Agriculture with respect to any activities subject to that Act; and

(6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association.

(c) EXERCISE OF CERTAIN POWERS.—For the purpose of the exercise by any agency referred to in subsection (a) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (a), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title, any other authority conferred on it by law.

(d) ACTIONS BY THE COMMISSION.—The Commission shall prevent any person from violating a rule of the Commission under section 1303 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title. Any entity that violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this title.

(e) EFFECT ON OTHER LAWS.—Nothing contained in the Act shall be construed to limit the authority of the Commission under any other provisions of law.

SEC. 1307. REVIEW.

Not later than 5 years after the effective date of the regulations initially issued under section 1303, the Commission shall—

(1) review the implementation of this title, including the effect of the implementation of this title on practices relating to the collection and disclosure of information relating to children, children's ability to obtain access to information of their choice online, and on the availability of websites directed to children; and

(2) prepare and submit to Congress a report on the results of the review under paragraph (1).

SEC. 1308. EFFECTIVE DATE. Sections 1303(a), 1305, and 1306 of this title take effect on the later of—

(1) the date that is 18 months after the date of enactment of this Act; or

(2) the date on which the Commission rules on the first application filed for safe harbor treatment under section 1304 if the Commission does not rule on the first such application 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.

_____________________________________

Jn

_________________

"All things considered, I'd rather be in Philadelphia."
Epigraph on the tombstone of W.C. Fields.


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