§ 6503. — Safe harbors.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6503]
TITLE 15--COMMERCE AND TRADE
CHAPTER 91--CHILDREN'S ONLINE PRIVACY PROTECTION
Sec. 6503. Safe harbors
(a) Guidelines
An operator may satisfy the requirements of regulations issued under
section 6502(b) of this title 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) of this
section.
(b) Incentives
(1) Self-regulatory incentives
In prescribing regulations under section 6502 of this title, 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 6502 of this title 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 6502 of this title.
(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) of this section
may be appealed to a district court of the United States of appropriate
jurisdiction as provided for in section 706 of title 5.
(Pub. L. 105-277, div. C, title XIII, Sec. 1304, Oct. 21, 1998, 112
Stat. 2681-732.)
Section Referred to in Other Sections
This section is referred to in section 6502 of this title.
