On Sept. 23, California Governor Edmund “Jerry” Brown signed into law Senate Bill 568, “Privacy Rights for California Minors in a Digital World.”  S.B. 568 includes a provision known as the “Delete Button” or “Eraser” law, which allows minors under 18 to request that companies delete specified information that the requestor had previously posted online.

California State Senator Pro Tem Darrell Steinberg, who sponsored the bill, said a motivating factor behind the law is that colleges and universities have the ability to research applicants’ Facebook pages and web presence.

The “Delete Button” law adds to a growing body of legislation aimed at regulating minors’ Internet presence. New amendments to the Children’s Online Privacy Protection Act—the federal law governing Internet content available to children—which broaden the swath of personal information that may not be collected without parental notification and consent took effect on July 1, 2013.

The “Delete Button” law applies to companies operating websites, mobile and Internet-based “apps,” and to those providing online services. However, it only covers websites and apps “directed” to minors, or that have actual knowledge that a minor is using its site. The law defines a site “directed to minors” as one “created for the purpose” of reaching predominately those under 18.  This definition is less specific than COPPA—under the federal statute, regulators must consider a number of factors to determine what websites are “directed to children,” including language and advertising content, while S.B. 568 focuses on the intent of the website creator.

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