Construction of act.

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56:8-219 Construction of act.

5. Nothing in P.L.2019, c.494 (C.56:8-215 et seq.) shall be construed to:

a. limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order;

b. limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;

c. apply to general audience Internet websites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator's website, service, or application may be used to access those general audience websites, services, or applications;

d. limit service providers from providing Internet connectivity to schools or students and their families;

e. prohibit an operator from marketing educational products directly to parents or guardians if the marketing did not result from the use of covered information obtained by the operator through the provision of services pursuant to P.L.2019, c.494 (C.56:8-215 et seq.);

f. impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with P.L.2019, c.494 (C.56:8-215 et seq.) on the software of applications;

g. impose a duty upon a provider of an interactive computer service to review or enforce compliance with P.L.2019, c.494 (C.56:8-215 et seq.) by a third-party content provider; or

h. prohibit students from downloading, exporting, transferring, saving, or maintaining their own student data or documents.

L.2017, c.494, s.5.


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