Amendment ID: S3164-15-R1

Redraft Amendment 15

Safe Harbors

Mr. Tarr moves that the proposed new draft be amended by inserting after section 4 the following section: -

"SECTION 5. (a) The attorney general shall provide a covered operator with written notice of any alleged violation. A covered operator shall have 30 days from the date of receipt of such notice to cure the alleged violation. If the covered operator cures the violation within such 30-day period and provides the attorney general with written verification that the violation has been cured, no civil penalty shall be assessed for the alleged violation.

(b) Notwithstanding any provision of this chapter to the contrary, a covered operator shall not be found in violation of the requirements regarding the sharing of precise geolocation data if the operator: (i) has implemented commercially reasonable technical measures to disable the collection or sharing of such data for covered minors; and (ii) the collection or sharing of such data occurs due to factors beyond the operator’s control, including, but not limited to, the user’s use of a virtual private network, user-initiated location spoofing, or device-level configurations that override the operator’s restrictions.

(c) Nothing in this chapter shall be construed to create a private right of action or any cause of action for any individual or class of individuals, nor shall it be construed to establish a standard of care for the purposes of any private civil action.”