118 S1409 RS: Kids Online Safety Act
U.S. Senate
2023-05-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
Calendar No. 287
118th CONGRESS
1st Session
S. 1409
IN THE SENATE OF THE UNITED STATES
May 2, 2023
Mr. Blumenthal (for himself, Mrs. Blackburn, Mr. Luján, Mrs. Capito, Ms. Baldwin, Mr. Cassidy, Ms. Klobuchar, Ms. Ernst, Mr. Peters, Mr. Daines, Mr. Hickenlooper, Mr. Rubio, Mr. Warner, Mr. Sullivan, Mr. Coons, Mr. Young, Mr. Schatz, Mr. Grassley, Mr. Murphy, Mr. Graham, Mr. Welch, Mr. Marshall, Ms. Hassan, Mrs. Hyde-Smith, Mr. Durbin, Mr. Mullin, Mr. Casey, Mr. Risch, Mr. Whitehouse, Mrs. Britt, Mr. Scott of Florida, Ms. Lummis, Mr. Cornyn, Ms. Murkowski, Mr. Wicker, Mr. Kelly, Mr. Manchin, Mr. Lankford, Mr. Crapo, Mr. Carper, Mr. Kaine, Mr. Cardin, Mrs. Shaheen, Mr. Menendez, Mr. Thune, Ms. Warren, and Mr. Hawley) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
December 13, 2023
Reported by Ms. Cantwell, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To protect the safety of children on the internet.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Kids Online Safety Act”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Duty of care.
Sec. 4. Safeguards for minors.
Sec. 5. Disclosure.
Sec. 6. Transparency.
Sec. 7. Independent research.
Sec. 8. Market research.
Sec. 9. Age verification study and report.
Sec. 10. Guidance.
Sec. 11. Enforcement.
Sec. 12. Kids online safety council.
Sec. 13. Effective date.
Sec. 14. Rules of construction and other matters.
Sec. 15. Severability.
2.

Definitions
In this Act:
(1)

Child
The term child means an individual who is under the age of 13.
(2)

Compulsive usage
The term compulsive usage means any response stimulated by external factors that causes an individual to engage in repetitive behavior reasonably likely to cause psychological distress, loss of control, anxiety, depression, or harmful stress responses.
(3)

Covered platform
(A)

In general
The term covered platform means a social media service, social network, online video game (including educational games), messaging application, video streaming service, or an online platform that connects to the internet and that is used, or is reasonably likely to be used, by a minor.
(B)

Exceptions
The term covered platform does not include—
(i)
an entity acting in its capacity as a provider of—
(I)
a common carrier service subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and all Acts amendatory thereof and supplementary thereto;
(II)
a broadband internet access service (as such term is defined for purposes of section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation);
(III)
an email service; or
(IV)
a wireless messaging service provided through the short messaging service or multimedia messaging service protocols;
(ii)
an organization not organized to carry on business for its own profit or that of its members;
(iii)
any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education; or
(iv)
a product or service that primarily functions as business-to-business software.
(4)

Mental health disorder
The term mental health disorder has the meaning given the term mental disorder in the Diagnostic and Statistical Manual of Mental Health Disorders, 5th Edition (or the most current successor edition).
(5)

Minor
The term minor means an individual who is under the age of 17.
(6)

Online platform
The term online platform means any public-facing website, online service, online application, or mobile application that predominantly provides a community forum for user generated content, including sharing videos, images, games, audio files, or other content.
(7)

Parent
The term parent includes a legal guardian or an individual with legal custody over a minor.
(8)

Personal data
The term personal data means information that identifies or is linked or reasonably linkable to a particular minor, including a consumer device identifier associated with a minor.
(9)

Personalized recommendation system
The term personalized recommendation system means a fully or partially automated system used to suggest, promote, or rank information based on the personal data of users.
(10)

Sexual exploitation and abuse
The term sexual exploitation and abuse means any of the following:
(A)
Coercion and enticement, as described in section 2422 of title 18, United States Code.
(B)
Child sexual abuse material, as described in sections 2251, 2252, 2252A, and 2260 of title 18, United States Code.
(C)
Trafficking for the production of images, as described in section 2251A of title 18, United States Code.
(D)
Sex trafficking of children, as described in section 1591 of title 18, United States Code.
(11)

Targeted advertising
(A)

In general
The term targeted advertising means displaying an advertisement to an individual where the advertisement is selected based on personal data about the individual to predict the individual's preferences and interests.
(B)

Exclusions
Such term does not include—
(i)
advertising or marketing directed to an individual in response to the individual's request for information or express selection of a product or service;
(ii)
contextual advertising where an advertisement is displayed to an individual based on the content in which the advertisement appears and does not vary based on who the individual is; or
(iii)
processing personal data solely to measure or report advertising performance, reach, or frequency.
3.

Duty of care
(a)

Prevention of harm to minors
A covered platform shall act in the best interests of a user that the platform knows or reasonably should know is a minor by taking reasonable measures in its design and operation of products and services to prevent and mitigate the following:
(1)
Consistent with evidence-informed medical information, the following mental health disorders: anxiety, depression, eating disorders, substance use disorders, and suicidal behaviors.
(2)
Patterns of use that indicate or encourage addiction-like behaviors.
(3)
Physical violence, online bullying, and harassment of the minor.
(4)
Sexual exploitation and abuse.
(5)
Promotion and marketing of narcotic drugs (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), tobacco products, gambling, or alcohol.
(6)
Predatory, unfair, or deceptive marketing practices, or other financial harms.
(b)

Limitation
Nothing in subsection (a) shall be construed to require a covered platform to prevent or preclude—
(1)
any minor from deliberately and independently searching for, or specifically requesting, content; or
(2)
the covered platform or individuals on the platform from providing resources for the prevention or mitigation of suicidal behaviors, substance use, and other harms, including evidence-informed information and clinical resources.
4.

Safeguards for minors
(a)

Safeguards for minors
(1)

Safeguards
A covered platform shall provide an individual that the covered platform knows or reasonably should know is a minor with readily accessible and easy-to-use safeguards to, as applicable—
(A)
limit the ability of other individuals to communicate with the minor;
(B)
prevent other users, whether registered or not, from viewing the minor’s personal data collected by or shared on the covered platform, in particular restricting public access to personal data;
(C)
limit features that increase, sustain, or extend use of the covered platform by the minor, such as automatic playing of media, rewards for time spent on the platform, notifications, and other features that result in compulsive usage of the covered platform by the minor;
(D)
control personalized recommendation systems, including the right to—
(i)
opt out of such personalized recommendation systems, while still allowing the display of content based on a chronological format; or
(ii)
limit types or categories of recommendations from such systems; and
(E)
restrict the sharing of the geolocation of the minor and provide notice regarding the tracking of the minor’s geolocation.
(2)

Options
A covered platform shall provide an individual that the covered platform knows or reasonably should know is a minor with readily accessible and easy-to-use options to—
(A)
delete the minor's account and delete any personal data collected from, or shared by, the minor on the covered platform; or
(B)
limit the amount of time spent by the minor on the covered platform.
(3)

Default safeguard settings for minors
A covered platform shall provide that, in the case of a user that the platform knows or reasonably should know is a minor, the default setting for any safeguard described under paragraph (1) shall be the option available on the platform that provides the most protective level of control that is offered by the platform over privacy and safety for that user.
(b)

Parental tools
(1)

Tools
A covered platform shall provide readily accessible and easy-to-use settings for parents to support an individual that the platform knows or reasonably should know is a minor with respect to the individual's use of the platform.
(2)

Requirements
The parental tools provided by a covered platform shall include—
(A)
the ability to manage a minor’s privacy and account settings, including the safeguards and options established under subsection (a), in a manner that allows parents to—
(i)
view the privacy and account settings; and
(ii)
in the case of a user that the platform knows or reasonably should know is a child, change and control the privacy and account settings;
(B)
the ability to restrict purchases and financial transactions by the minor, where applicable; and
(C)
the ability to view metrics of total time spent on the platform.
(3)

Notice to minors
A covered platform shall provide clear and conspicuous notice to an individual that the platform knows or reasonably should know is a minor when tools described in this subsection are in effect and what settings or controls have been applied.
(4)

Default tools
A covered platform shall provide that, in the case of a user that the platform knows or reasonably should know is a child, the tools described in this subsection shall be enabled by default.
(c)

Reporting mechanism
(1)

Reports submitted by parents, minors, and schools
A covered platform shall provide—
(A)
a readily accessible and easy-to-use means to submit reports to the covered platform of harms to minors;
(B)
an electronic point of contact specific to matters involving harms to a minor; and
(C)
confirmation of the receipt of such a report and a means to track a submitted report.
(2)

Timing
A covered platform shall establish an internal process to receive and substantively respond to reports in a reasonable and timely manner, but in no case later than—
(A)
7 days after the receipt of a report, if, for the most recent calendar year, the platform averaged more than 10,000,000 active users on a monthly basis in the United States;
(B)
21 days after the receipt of a report, if, for the most recent calendar year, the platform averaged less than 10,000,000 active users on a monthly basis in the United States; and
(C)
notwithstanding subparagraphs (A) and (B), if the report involves an imminent threat to the safety of a minor, as promptly as needed to address the reported threat to safety.
(d)

Advertising of illegal products
A covered platform shall not facilitate the advertising of narcotic drugs (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), tobacco products, gambling, or alcohol to an individual that the covered platform knows or reasonably should know is a minor.
(e)

Application
(1)

Accessibility
With respect to safeguards and parental controls described under subsections (a) and (b), a covered platform shall provide—
(A)
information and control options in a clear and conspicuous manner that takes into consideration the differing ages, capacities, and developmental needs of the minors most likely to access the covered platform and does not encourage minors or parents to weaken or disable safeguards or parental controls;
(B)
readily accessible and easy-to-use controls to enable or disable safeguards or parental controls, as appropriate; and
(C)
information and control options in the same language, form, and manner as the covered platform provides the product or service used by minors and their parents.
(2)

Dark patterns prohibition
It shall be unlawful for any covered platform to design, modify, or manipulate a user interface of a covered platform with the purpose or substantial effect of subverting or impairing user autonomy, decision-making, or choice in order to weaken or disable safeguards or parental controls required under this section.
(3)

Rules of construction
Nothing in this section shall be construed to—
(A)
prevent a covered platform from taking reasonable measures to—
(i)
block, detect, or prevent the distribution of unlawful, obscene, or other harmful material to minors as described in section 3(a); or
(ii)
block or filter spam, prevent criminal activity, or protect the security of a platform or service; or
(B)
require the disclosure of a minor's browsing behavior, search history, messages, contact list, or other content or metadata of their communications.
5.

Disclosure
(a)

Notice
(1)

Registration
Prior to registration or purchase of a covered platform by an individual that the platform knows or reasonably should know is a minor, the platform shall provide clear, conspicuous, and easy-to-understand—
(A)
notice of the policies and practices of the covered platform with respect to personal data and safeguards for minors;
(B)
information about how to access the safeguards and parental tools required under section 4; and
(C)
notice about whether the covered platform, including any personalized recommendation systems used by the platform, pose any heightened risks of harms to minors.
(2)

Parental notification
(A)

Notice and acknowledgment
In the case of an individual that a covered platform knows or reasonably should know is a child, the platform shall additionally provide information about the parental tools and safeguards required under section 4 to a parent of the child and obtain express affirmative acknowledgment from the parent prior to the initial use of the covered platform by the child.
(B)

Reasonable effort
A covered platform shall be deemed to have satisfied the requirement described in subparagraph (A) if the covered platform has undertaken a reasonable effort (taking into consideration available technology) to ensure a parent receives the information described in such subparagraph and to obtain a parent's express affirmative acknowledgment.
(3)

Consolidated notices
A covered platform may consolidate the process for providing information and (if applicable) obtaining parental acknowledgment as required under this subsection with its obligations to obtain consent for data privacy practices, provided the content of the notice meets the requirements of this subsection.
(4)

Rulemaking
The Federal Trade Commission may issue rules pursuant to section 553 of title 5, United States Code, to establish templates or models of short-form notices that include the minimum level of information and labels necessary for the disclosures required under paragraph (1).
(b)

Personalized recommendation system
A covered platform that operates personalized recommendation systems shall set out in its terms and conditions, in a clear, conspicuous, and easy-to-understand manner—
(1)
an overview of how those personalized recommendation systems are used by the covered platform to provide information to users of the platform who are minors, including how such systems use the personal data of minors; and
(2)
information about options for minors or their parents to control personalized recommendation systems (including by opting out of such systems).
(c)

Advertising and marketing information and labels
(1)

Information and labels
A covered platform that facilitates advertising aimed at users that the platform knows or reasonably should know are minors shall provide clear, conspicuous, and easy-to-understand information and labels to minors on advertisements regarding—
(A)
the name of the product, service, or brand and the subject matter of an advertisement;
(B)
why the minor is being targeted for a particular advertisement if the covered platform engages in targeted advertising, including material information about how the minor's personal data was used to target the advertisement; and
(C)
whether particular media displayed to the minor is an advertisement or marketing material, including disclosure of endorsements of products, services, or brands made for commercial consideration by other users of the platform.
(2)

Rulemaking
The Federal Trade Commission may issue rules pursuant to section 553 of title 5, United States Code, to establish templates or models of short-form notices that include the minimum level of information and labels necessary for the disclosures required under paragraph (1).
(d)

Resources for parents and minors
A covered platform shall provide to minors and parents clear, conspicuous, easy-to-understand, and comprehensive information in a prominent location regarding—
(1)
its policies and practices with respect to personal data and safeguards for minors; and
(2)
how to access the safeguards and tools required under section 4.
(e)

Resources in additional languages
A covered platform shall ensure, to the extent practicable, that the disclosures required by this section are made available in the same language, form, and manner as the covered platform provides any product or service used by minors and their parents.
6.

Transparency
(a)

In general
Subject to subsection (b), not less frequently than once a year, a covered platform shall issue a public report identifying the reasonably foreseeable risk of material harms to minors and describing the prevention and mitigation measures taken to address such risk based on an independent, third-party audit conducted through reasonable inspection of the covered platform.
(b)

Scope of application
The requirements of this section shall apply to a covered platform if—
(1)
for the most recent calendar year, the platform averaged more than 10,000,000 active users on a monthly basis in the United States; and
(2)
the platform predominantly provides a community forum for user-generated content and discussion, including sharing videos, images, games, audio files, discussion in a virtual setting, or other content, such as acting as a social media platform, virtual reality environment, or a social network service.
(c)

Content
(1)

Transparency
The public reports required of a covered platform under this section shall include—
(A)
an assessment of the extent to which the platform is likely to be accessed by minors;
(B)
a description of the commercial interests of the covered platform in use by minors;
(C)
an accounting, based on the data held by the covered platform, of—
(i)
the number of individuals using the covered platform reasonably believed to be minors in the United States, disaggregated by the age ranges of 0–5, 6–9, 10–12, and 13–16; and
(ii)
the median and mean amounts of time spent on the platform by minors in the United States who have accessed the platform during the reporting year on a daily, weekly, and monthly basis, disaggregated by the age ranges of 0–5, 6–9, 10–12, and 13–16;
(D)
an accounting of total reports received regarding, and the prevalence (which can be based on scientifically valid sampling methods using the content available to the covered platform in the normal course of business) of content related to, the harms described in section 3(a), disaggregated by category of harm; and
(E)
a description of any material breaches of parental tools or assurances regarding minors, representations regarding the use of the personal data of minors, and other matters regarding non-compliance.
(2)

Systemic risks assessment
The public reports required of a covered platform under this section shall include—
(A)
an assessment of the reasonably foreseeable risk of harms to minors posed by the covered platform, including identifying any other physical, mental, developmental, or financial harms in addition to those described in section 3(a);
(B)
an assessment of how recommendation systems and targeted advertising systems can contribute to harms to minors;
(C)
a description of whether and how the covered platform uses system design features that increase, sustain, or extend use of a product or service by a minor, such as automatic playing of media, rewards for time spent, and notifications;
(D)
a description of whether, how, and for what purpose the platform collects or processes categories of personal data that may cause reasonably foreseeable risk of harms to minors;
(E)
an evaluation of the efficacy of safeguards for minors under section 4, and any issues in delivering such safeguards and the associated parental tools; and
(F)
an evaluation of any other relevant matters of public concern over risk of harms to minors.
(3)

Mitigation
The public reports required of a covered platform under this section shall include—
(A)
a description of the safeguards and parental tools available to minors and parents on the covered platform;
(B)
a description of interventions by the covered platform when it had or has reason to believe that harms to minors could occur;
(C)
a description of the prevention and mitigation measures intended to be taken in response to the known and emerging risks identified in its assessment of system risks, including steps taken to—
(i)
prevent harms to minors, including adapting or removing system design features or addressing through parental controls;
(ii)
provide the most protective level of control over privacy and safety by default; and
(iii)
adapt recommendation systems to prioritize the best interests of users who are minors, as described in section 3(a);
(D)
a description of internal processes for handling reports and automated detection mechanisms for harms to minors, including the rate, timeliness, and effectiveness of responses under the requirement of section 4(c);
(E)
the status of implementing prevention and mitigation measures identified in prior assessments; and
(F)
a description of the additional measures to be taken by the covered platform to address the circumvention of safeguards for minors and parental tools.
(d)

Reasonable inspection
In conducting an inspection of the systemic risks of harm to minors under this section, an independent, third-party auditor shall—
(1)
take into consideration the function of recommendation systems;
(2)
consult parents and youth experts, including youth and families with relevant past or current experience, public health and mental health nonprofit organizations, health and development organizations, and civil society with respect to the prevention of harms to minors;
(3)
conduct research based on experiences of minors that use the covered platform, including reports under section 4(c) and information provided by law enforcement;
(4)
take account of research, including research regarding system design features, marketing, or product integrity, industry best practices, or outside research; and
(5)
consider indicia or inferences of age of users, in addition to any self-declared information about the age of individuals.
(e)

Cooperation with independent, third-Party audit
To facilitate the report required by subsection (c), a covered platform shall—
(1)
provide or otherwise make available to the independent third-party conducting the audit all information and material in its possession, custody, or control that is relevant to the audit;
(2)
provide or otherwise make available to the independent third-party conducting the audit access to all network, systems, and assets relevant to the audit; and
(3)
disclose all relevant facts to the independent third-party conducting the audit, and not misrepresent in any manner, expressly or by implication, any relevant fact.
(f)

Privacy safeguards
(1)
In issuing the public reports required under this section, a covered platform shall take steps to safeguard the privacy of its users, including ensuring that data is presented in a de-identified, aggregated format such that it is reasonably impossible for the data to be linked back to any individual user.
(2)
This section shall not be construed to require the disclosure of information that will lead to material vulnerabilities for the privacy of users or the security of a covered platform's service or create a significant risk of the violation of Federal or State law.
(g)

Location
The public reports required under this section should be posted by a covered platform on an easy to find location on a publicly available website.
7.

Independent research
(a)

Definitions
In this section:
(1)

Assistant Secretary
The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information.
(2)

De-identified data
The term de-identified data means information—
(A)
that does not identify and is not linked or reasonably linkable to an individual or an individual’s device; and
(B)
with respect to which a covered platform or researcher takes reasonable technical and contractual measures to ensure that the information is not used to re-identify any individual or individual’s device.
(3)

Eligible researcher
(A)

In general
The term eligible researcher means an individual or group of individuals affiliated with or employed by—
(i)
an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); or
(ii)
a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986.
(B)

Limitation
Such term shall not include an individual or group of individuals that is—
(i)
not located in the United States; or
(ii)
affiliated with the government of a foreign adversary (as defined in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)(2))).
(4)

Independent research
The term independent research means the scientific or historical analysis of information that is performed for the primary purpose of advancing understanding, knowledge, and remedies regarding the harms to minors described in section 3(a).
(5)

Noncommercial purpose
The term noncommercial purpose means a purpose that does not involve any direct or indirect use of data sets for the sale, resale, solicitation, rental, or lease of a service, or any use by which the user expects a profit, including the sale to the general public of a publication containing independent research.
(6)

Program
The term Program means the program established under subsection (b)(1).
(7)

Qualified researcher
The term qualified researcher means an eligible researcher who is approved by the Assistant Secretary to conduct independent research regarding harms to minors under the Program.
(b)

Independent Research Program Relating to Identified Harms to Minors
(1)

Establishment
Subject to paragraph (2), the Assistant Secretary shall establish a program, with public notice and an opportunity to comment, under which an eligible researcher may apply for, and a covered platform shall provide, access to data sets from the covered platform for the sole purpose of conducting independent research regarding the harms described in section 3(a).
(2)

Scope of application
The requirements of this subsection shall apply to a covered platform if—
(A)
for the most recent calendar year, the platform averaged more than 10,000,000 active users on a monthly basis in the United States; and
(B)
the platform predominantly provides a community forum for user generated content and discussion, including sharing videos, images, games, audio files, discussion in a virtual setting, or other content, such as acting as a social media platform, virtual reality environment, or social network service.
(3)

Processes, procedures, and standards
Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall establish for the program established under this subsection—
(A)
definitions for data sets (related to harms described in section 3(a)) that qualify for disclosure to researchers under the program and standards of access for data sets to be provided under the program;
(B)
a process by which an eligible researcher may submit an application described in paragraph (1);
(C)
an appeals process for eligible researchers to appeal adverse decisions on applications described in paragraph (1) (including a decision to grant an appeal under paragraph (4)(C));
(D)
procedures for implementation of the program, including methods for—
(i)
participation by covered platforms;
(ii)
evaluation of researcher proposals for alignment with program objectives and scoping; and
(iii)
verification by the Assistant Secretary of the credentials of eligible researchers and processes for the application or disqualification to participate in the program;
(E)
standards for privacy, security, and confidentiality required to participate in the program, including rules to ensure that the privacy and safety of users is not infringed by the program;
(F)
a mechanism to allow individuals to control the use of their personal data under the program, including the ability to opt out of the program;
(G)
standards for transparency regarding the operation and administration of the program; and
(H)
rules to prevent requests for data sets that present financial conflicts of interest, including efforts by covered platforms to gain a competitive advantage by directly funding data access requests, the use of qualified researcher status for commercial gain, or efforts by covered platforms to obtain access to intellectual property that is otherwise protected by law.
(4)

Duties and rights of covered platforms
(A)

Access to data sets
(i)

In general
If the Assistant Secretary approves an application under paragraph (1) with respect to a covered platform, the covered platform shall, in a timely manner, provide the qualified researcher with access to data sets necessary to conduct independent research described in that paragraph.
(ii)

Limitations
Nothing in this section shall be construed to require a covered platform to provide access to data sets that are intellectual property protected by Federal law, trade secrets, or commercial or financial information.
(iii)

Form of access
A covered platform shall provide to a qualified researcher access to data sets under clause (i) through online databases, application programming interfaces, and data files as appropriate.
(B)

Nondisclosure agreement
A covered platform may require, as a condition of access to the data sets of the covered platform, that a qualified researcher enter into a nondisclosure agreement restricting the release of data sets, provided that—
(i)
the agreement does not restrict the publication or discussion regarding the qualified researcher’s findings; and
(ii)
the terms of the agreement allow the qualified researcher to provide the original agreement or a copy of the agreement to the Assistant Secretary.
(C)

Appeal
(i)

Agency appeal
A covered platform may appeal the granting of an application under paragraph (1) on the grounds that, and the Assistant Secretary shall grant such appeal if—
(I)
the covered platform does not have access to the requested data sets or the requested data sets are not reasonably tailored to application; or
(II)
providing access to the data sets will lead to material vulnerabilities for the privacy of users or the security of the covered platform’s service or create a significant risk of the violation of Federal or state law.
(ii)

Judicial review
A decision of the Assistant Secretary with respect to an appeal under clause (i) shall be considered to be a final agency action for purposes of judicial review under chapter 7 of title 5, United States Code.
(iii)

Alternative means of fulfillment
As part of an appeal under clause (i) that is made on the basis of subclause (II) of such clause, a covered platform shall propose one or more alternative data sets or means of accessing the requested data sets that are appropriate and sufficient to fulfill the purpose of the application, or shall explain why there are no alternative data sets or means of access which acceptably mitigate the applicable privacy, security, or legal concerns.
(D)

Timing
A covered platform for which this provision applies shall participate in the program established under this subsection no later than two years after enactment of this Act.
(5)

Application requirements
In order to be approved to access data sets from a covered platform, an eligible researcher shall, in the application submitted under paragraph (1)—
(A)
explain the purpose for which the independent research is undertaken;
(B)
commit to conduct the research for noncommercial purposes;
(C)
demonstrate a proven record of expertise on the proposed research topic and related research methodologies;
(D)
if the eligible researcher is seeking access to data sets that include personal data, explain why the data sets are requested, and the means through which such data sets shall be accessed are the least sensitive and the most privacy-protective means that will permit completion of the research and not compromise the privacy or safety of users; and
(E)
commit to fulfill, and demonstrate a capacity to fulfill, the specific data security and confidentiality requirements corresponding to the application.
(6)

Privacy and duty of confidentiality
(A)

Researcher confidentiality
To protect user privacy, a qualified researcher shall keep data sets provided by a covered platform under the program confidential and secure to the specifications set forth under the program rules and the approved application.
(B)

Platform confidentiality
A covered platform shall use reasonable measures to enable researcher access to data sets under the program in a secure and privacy-protective manner, including through the de-identification of personal data or use of other privacy-enhancing technologies.
(C)

Federal agencies
Nothing in this subsection shall be construed to authorize—
(i)
a Federal agency to seek access to the data of a covered platform through the program; or
(ii)
a qualified researcher to transfer or share any data sets provided by a covered platform under the program with a Federal agency.
(D)

Security
Nothing in this subsection shall be construed in a manner that would result in data sets from a covered platform being transferred to the Government of the People's Republic of China or the government of another foreign adversary (as defined in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)(2))).
(c)

Safe harbor for collection of data for independent research regarding identified harms to minors
If, in the course of conducting independent research for noncommercial purposes regarding harms described in section 3(a) (without regard to whether such research is conducted under the program), an eligible researcher collects or uses data from a covered platform in a manner that violates the terms of service of the platform, no cause of action based on such violation shall lie or be maintained in any court against such researcher unless the violation relates to the failure of the researcher to take reasonable measures to protect user privacy and security.
(d)

Rulemaking
The Assistant Secretary, in consultation with the Secretary of Commerce, the Director of the National Institute of Standards and Technology, the Director of the National Science Foundation, and the Director of the National Institutes of Health shall promulgate rules in accordance with section 553 of title 5, United States Code, as necessary to implement this section.
8.

Market research
(a)

Market research by covered platforms
The Federal Trade Commission, in consultation with the Secretary of Commerce, shall issue guidance for covered platforms seeking to conduct market- and product-focused research on minors. Such guidance shall include—
(1)
a standard consent form that provides minors and their parents a clear, conspicuous, and easy-to-understand explanation of the scope and purpose of the research to be conducted, and provides an opportunity for informed consent; and
(2)
recommendations for research practices for studies that may include minors, disaggregated by the age ranges of 0–5, 6–9, 10–12, and 13–16.
(b)

Timing
The Federal Trade Commission shall issue such guidance not later than 18 months after the date of enactment of this Act. In doing so, they shall seek input from members of the public and the representatives of the Kids Online Safety Council established under section 12.
9.

Age verification study and report
(a)

Study
The Director of the National Institute of Standards and Technology, in coordination with the Federal Communications Commission, Federal Trade Commission, and the Secretary of Commerce, shall conduct a study evaluating the most technologically feasible methods and options for developing systems to verify age at the device or operating system level.
(b)

Contents
Such study shall consider —
(1)
the benefits of creating a device or operating system level age verification system;
(2)
what information may need to be collected to create this type of age verification system;
(3)
the accuracy of such systems and their impact or steps to improve accessibility, including for individuals with disabilities;
(4)
how such a system or systems could verify age while mitigating risks to user privacy and data security and safeguarding minors' personal data, emphasizing minimizing the amount of data collected and processed by covered platforms and age verification providers for such a system; and
(5)
the technical feasibility, including the need for potential hardware and software changes, including for devices currently in commerce and owned by consumers.
(c)

Report
Not later than 1 year after the date of enactment of this Act, the agencies described in subsection (a) shall submit a report containing the results of the study conducted under such subsection to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
10.

Guidance
(a)

In general
Not later than 18 months after the date of enactment of this Act, the Federal Trade Commission, in consultation with the Kids Online Safety Council established under section 12, shall issue guidance to—
(1)
provide information and examples for covered platforms and auditors regarding—
(A)
identifying features that are used to increase, sustain, or extend use of the covered platform by a minor;
(B)
safeguarding minors against the possible misuse of parental tools;
(C)
best practices in providing minors and parents the most protective level of control over privacy and safety;
(D)
using indicia or inferences of age of users for assessing use of the covered platform by minors;
(E)
methods for evaluating the efficacy of safeguards; and
(F)
providing additional control options that allow parents to address the harms described in section 3(a); and
(2)
outline conduct that does not have the purpose or substantial effect of subverting or impairing user autonomy, decision-making, or choice, or of causing, increasing, or encouraging compulsive usage for a minor, such as—
(A)
de minimis user interface changes derived from testing consumer preferences, including different styles, layouts, or text, where such changes are not done with the purpose of weakening or disabling safeguards or parental controls;
(B)
algorithms or data outputs outside the control of a covered platform; and
(C)
establishing default settings that provide enhanced privacy protection to users or otherwise enhance their autonomy and decision-making ability.
(b)

Guidance to schools
Not later than 18 months after the date of enactment of this Act, the Secretary of Education, in consultation with the Federal Trade Commission and the Kids Online Safety Council established under section 12, shall issue guidance to assist to assist elementary and secondary schools in using the notice, safeguards and tools provided under this Act and providing information on online safety for students and teachers.
(c)

Limitation on Federal Trade Commission guidance
(1)

Effect of guidance
No guidance issued by the Federal Trade Commission with respect to this Act shall—
(A)
confer any rights on any person, State, or locality; or
(B)
operate to bind the Federal Trade Commission or any person to the approach recommended in such guidance.
(2)

Use in enforcement actions
In any enforcement action brought pursuant to this Act, the Federal Trade Commission—
(A)
shall allege a violation of a provision of this Act; and
(B)
may not base such enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with guidance issued by the Federal Trade Commission with respect to this Act, unless the practices are alleged to violate a provision of this Act.
11.

Enforcement
(a)

Enforcement by Federal Trade Commission
(1)

Unfair and deceptive acts or practices
A violation of this Act or a regulation promulgated under this Act 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)).
(2)

Powers of the Commission
(A)

In general
The Federal Trade Commission (referred to in this section as the Commission) shall enforce this Act and any regulation promulgated under this Act 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 Act.
(B)

Privileges and immunities
Any person that violates this Act or a regulation promulgated under this Act shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(3)

Authority preserved
Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
(b)

Enforcement by State attorneys general
(1)

In general
(A)

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 this Act or a regulation promulgated under this Act, 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 or a State court of appropriate jurisdiction to—
(i)
enjoin that practice;
(ii)
enforce compliance with this Act or such regulation;
(iii)
on behalf of residents of the State, obtain damages, restitution, or other compensation, each of which shall be distributed in accordance with State law; or
(iv)
obtain such other relief as the court may consider to be appropriate.
(B)

Notice
(i)

In general
Before filing an action under subparagraph (A), 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.
(ii)

Exemption
(I)

In general
Clause (i) shall not apply with respect to the filing of an action by an attorney general of a State under this paragraph if the attorney general of the State determines that it is not feasible to provide the notice described in that clause before the filing of the action.
(II)

Notification
In an action described in subclause (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.
(2)

Intervention
(A)

In general
On receiving notice under paragraph (1)(B), the Commission shall have the right to intervene in the action that is the subject of the notice.
(B)

Effect of intervention
If the Commission intervenes in an action under paragraph (1), it shall have the right—
(i)
to be heard with respect to any matter that arises in that action; and
(ii)
to file a petition for appeal.
(3)

Construction
For purposes of bringing any civil action under paragraph (1), nothing in this Act 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—
(A)
conduct investigations;
(B)
administer oaths or affirmations; or
(C)
compel the attendance of witnesses or the production of documentary and other evidence.
(4)

Actions by the commission
In any case in which an action is instituted by or on behalf of the Commission for violation of this Act or a regulation promulgated under this Act, no State may, during the pendency of that action, institute a separate action under paragraph (1) against any defendant named in the complaint in the action instituted by or on behalf of the Commission for that violation.
(5)

Venue; service of process
(A)

Venue
Any action brought under paragraph (1) may be brought in—
(i)
the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or
(ii)
a State court of competent jurisdiction.
(B)

Service of process
In an action brought under paragraph (1) in a district court of the United States, process may be served wherever defendant—
(i)
is an inhabitant; or
(ii)
may be found.
12.

Kids online safety council
(a)

Establishment
Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall establish and convene the Kids Online Safety Council for the purpose of providing advice on matters related to this Act.
(b)

Participation
The Kids Online Safety Council shall include diverse participation from—
(1)
academic experts, health professionals, and members of civil society with expertise in mental health, substance use disorders, and the prevention of harms to minors;
(2)
representatives in academia and civil society with specific expertise in privacy and civil liberties;
(3)
parents and youth representation;
(4)
representatives of covered platforms;
(5)
representatives of the National Telecommunications and Information Administration, the National Institute of Standards and Technology, the Federal Trade Commission, the Department of Justice, and the Department of Health and Human Services;
(6)
State attorneys general or their designees acting in State or local government; and
(7)
representatives of communities of socially disadvantaged individuals (as defined in section 8 of the Small Business Act (15 U.S.C. 637)).
(c)

Activities
The matters to be addressed by the Kids Online Safety Council shall include—
(1)
identifying emerging or current risks of harms to minors associated with online platforms;
(2)
recommending measures and methods for assessing, preventing, and mitigating harms to minors online;
(3)
recommending methods and themes for conducting research regarding online harms to minors; and
(4)
recommending best practices and clear, consensus-based technical standards for transparency reports and audits, as required under this Act, including methods, criteria, and scope to promote overall accountability.
13.

Effective date
Except as otherwise provided in this Act, this Act shall take effect on the date that is 18 months after the date of enactment of this Act.
14.

Rules of construction and other matters
(a)

Relationship to other laws
Nothing in this Act shall be construed to—
(1)
preempt section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the “Family Educational Rights and Privacy Act of 1974”) or other Federal or State laws governing student privacy;
(2)
preempt the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) or any rule or regulation promulgated under such Act; or
(3)
authorize any action that would conflict with section 18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).
(b)

Protections for privacy
Nothing in this Act shall be construed to require—
(1)
the affirmative collection of any personal data with respect to the age of users that a covered platform is not already collecting in the normal course of business; or
(2)
a covered platform to implement an age gating or age verification functionality.
(c)

Compliance
Nothing in this Act shall be construed to restrict a covered platform's ability to—
(1)
cooperate with law enforcement agencies regarding activity that the covered platform reasonably and in good faith believes may violate Federal, State, or local laws, rules, or regulations;
(2)
comply with a civil, criminal, or regulatory inquiry or any investigation, subpoena, or summons by Federal, State, local, or other government authorities; or
(3)
investigate, establish, exercise, respond to, or defend against legal claims.
15.

Severability
If any provision of this Act, or an amendment made by this Act, is determined to be unenforceable or invalid, the remaining provisions of this Act and the amendments made by this Act shall not be affected.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Kids Online Safety Act”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Duty of care.
Sec. 4. Safeguards for minors.
Sec. 5. Disclosure.
Sec. 6. Transparency.
Sec. 7. Independent research on social media and minors.
Sec. 8. Market research.
Sec. 9. Age verification study and report.
Sec. 10. Guidance.
Sec. 11. Enforcement.
Sec. 12. Kids online safety council.
Sec. 13. Filter bubble transparency requirements.
Sec. 14. Effective date.
Sec. 15. Rules of construction and other matters.
Sec. 16. Severability.
2.

Definitions
In this Act:
(1)

Child
The term child means an individual who is under the age of 13.
(2)

Compulsive usage
The term compulsive usage means any response stimulated by external factors that causes an individual to engage in repetitive behavior reasonably likely to cause psychological distress, loss of control, anxiety, or depression.
(3)

Covered platform
(A)

In general
The term covered platform means an online platform, online video game, messaging application, or video streaming service that connects to the internet and that is used, or is reasonably likely to be used, by a minor.
(B)

Exceptions
The term covered platform does not include—
(i)
an entity acting in its capacity as a provider of—
(I)
a common carrier service subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and all Acts amendatory thereof and supplementary thereto;
(II)
a broadband internet access service (as such term is defined for purposes of section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation);
(III)
an email service;
(IV)
a teleconferencing or video conferencing service that allows reception and transmission of audio and video signals for real-time communication, provided that—
- (aa)
is not an online platform, including a social media service or social network; and
- (bb)
the real-time communication is initiated by using a unique link or identifier to faciliate access; or
(V)
a wireless messaging service, including such a service provided through short messaging service or multimedia messaging service protocols, that is not a component of or linked to an online platform and where the predominant or exclusive function is direct messaging consisting of the transmission of text, photos or videos that are sent by electronic means, where messages are transmitted from the sender to a recipient, and are not posted within an online platform or publicly;
(ii)
an organization not organized to carry on business for its own profit or that of its members;
(iii)
any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education;
(iv)
a library (as defined in section 213(1) of the Library Services and Technology Act (20 U.S.C. 9122(1)));
(v)
a news website or app where—
(I)
the inclusion of video content on the website or app is related to the website or app's own gathering, reporting, or publishing of news content; and
(II)
the website or app is not otherwise an online platform;
(vi)
a product or service that primarily functions as business-to-business software; or
(vii)
a virtual private network or similar service that exists solely to route internet traffic between locations.
(4)

Geolocation
The term geolocation means information sufficient to identify street name and name of a city or town.
(5)

Individual-specific advertising to minors
(A)

In general
The term individual-specific advertising to minors means advertising or any other effort to market a product or service that is directed to a specific minor or a device that is linked or reasonably linkable to a minor—
(i)
based on—
(I)
the personal data of—
- (aa)
the minor; or
- (bb)
a group of minors who are similar in sex, age, income level, race, or ethnicity to the specific minor to whom the product or service is marketed;
(II)
psychological profiling of a minor or group of minors; or
(III)
a unique identifier of the device; or
(ii)
as a result of use by the minor, access by any device of the minor, or use by a group of minors who are similar to the specific minor, of more than a single—
(I)
website;
(II)
online service;
(III)
online application;
(IV)
mobile application; or
(V)
connected device
(B)

Exclusions
The term individual-specific advertising to minors shall not include—
(i)
advertising or marketing to an individual or the device of an individual in response to the individual’s specific request for information or feedback, such as a minor’s current search query;
(ii)
contextual advertising, such as when an advertisement is displayed based on the content of the covered platform on which the advertisement appears and does not vary based on personal information related to the viewer;
(iii)
processing personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including independent measurement;
(C)

Rule of construction
Nothing in subparagraph (A) shall be construed to prohibit a covered platform with actual knowledge or knowledge fairly implied on the basis of objective circumstances that an individual is under the age of 17 from delivering advertising or marketing that is age-appropriate for the individual involved and intended for a child or teen audience (as applicable), so long as the covered platform does not use any personal data other than whether the user is under the age of 17 to deliver such advertising or marketing.
(6)

Know or knows
The term know or knows means to have actual knowledge or knowledge fairly implied on the basis of objective circumstances.
(7)

Mental health disorder
The term mental health disorder has the meaning given the term mental disorder in the Diagnostic and Statistical Manual of Mental Health Disorders, 5th Edition (or the most current successor edition).
(8)

Minor
The term minor means an individual who is under the age of 17.
(9)

Online platform
The term online platform means any public-facing website, online service, online application, or mobile application that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other content, including a social media service, social network, or virtual reality environment.
(10)

Online video game
The term online video game means a video game, including an educational video game, that connects to the internet and that—
(A)
allows a user to—
(i)
create and upload content;
(ii)
engage in microtransactions within the game; or
(iii)
communicate with other users; or
(B)
incorporates minor-specific advertising.
(11)

Parent
The term parent includes—
(A)
a natural parent;
(B)
a legal guardian; or
(C)
an individual with legal custody over a minor.
(12)

Personal data
The term personal data means information that identifies or is linked or reasonably linkable to a particular minor, including a consumer device identifier that is linked or reasonably linkable to a minor.
(13)

Personalized recommendation system
The term personalized recommendation system means a fully or partially automated system used to suggest, promote, or rank content, including other users or posts, based on the personal data of users.
(14)

Sexual exploitation and abuse
The term sexual exploitation and abuse means any of the following:
(A)
Coercion and enticement, as described in section 2422 of title 18, United States Code.
(B)
Child sexual abuse material, as described in sections 2251, 2252, 2252A, and 2260 of title 18, United States Code.
(C)
Trafficking for the production of images, as described in section 2251A of title 18, United States Code.
(D)
Sex trafficking of children, as described in section 1591 of title 18, United States Code.
3.

Duty of care
(a)

Prevention of harm to minors
A covered platform shall take reasonable measures in the design and operation of any product, service, or feature that the covered platform knows is used by minors to prevent and mitigate the following harms to minors:
(1)
Consistent with evidence-informed medical information, the following mental health disorders: anxiety, depression, eating disorders, substance use disorders, and suicidal behaviors.
(2)
Patterns of use that indicate or encourage addiction-like behaviors.
(3)
Physical violence, online bullying, and harassment of the minor.
(4)
Sexual exploitation and abuse.
(5)
Promotion and marketing of narcotic drugs (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), tobacco products, gambling, or alcohol.
(6)
Predatory, unfair, or deceptive marketing practices, or other financial harms.
(b)

Limitation
Nothing in subsection (a) shall be construed to require a covered platform to prevent or preclude—
(1)
any minor from deliberately and independently searching for, or specifically requesting, content; or
(2)
the covered platform or individuals on the platform from providing resources for the prevention or mitigation of the harms described in subsection (a), including evidence-informed information and clinical resources.
4.

Safeguards for minors
(a)

Safeguards for minors
(1)

Safeguards
A covered platform shall provide an individual that the covered platform knows is a minor with readily-accessible and easy-to-use safeguards to, as applicable—
(A)
limit the ability of other individuals to communicate with the minor;
(B)
prevent other users, whether registered or not, from viewing the minor’s personal data collected by or shared on the covered platform, in particular restricting public access to personal data;
(C)
limit features that increase, sustain, or extend use of the covered platform by the minor, such as automatic playing of media, rewards for time spent on the platform, notifications, and other features that result in compulsive usage of the covered platform by the minor;
(D)
control personalized recommendation systems, including the ability for a minor to have at least 1 of the following options—
(i)
opt out of such personalized recommendation systems, while still allowing the display of content based on a chronological format; or
(ii)
limit types or categories of recommendations from such systems; and
(E)
restrict the sharing of the geolocation of the minor to other users on the platform and provide notice regarding the tracking of the minor’s geolocation.
(2)

Options
A covered platform shall provide an individual that the covered platform knows is a minor with readily-accessible and easy-to-use options to—
(A)
delete the minor's account and delete any personal data collected from, or shared by, the minor on the covered platform; or
(B)
limit the amount of time spent by the minor on the covered platform.
(3)

Default safeguard settings for minors
A covered platform shall provide that, in the case of a user that the platform knows is a minor, the default setting for any safeguard described under paragraph (1) shall be the option available on the platform that provides the most protective level of control that is offered by the platform over privacy and safety for that user.
(b)

Parental tools
(1)

Tools
A covered platform shall provide readily-accessible and easy-to-use settings for parents to support an individual that the platform knows is a minor with respect to the individual's use of the platform.
(2)

Requirements
The parental tools provided by a covered platform shall include—
(A)
the ability to manage a minor’s privacy and account settings, including the safeguards and options established under subsection (a), in a manner that allows parents to—
(i)
view the privacy and account settings; and
(ii)
in the case of a user that the platform knows is a child, change and control the privacy and account settings;
(B)
the ability to restrict purchases and financial transactions by the minor, where applicable; and
(C)
the ability to view metrics of total time spent on the platform and restrict time spent on the covered platform by the minor.
(3)

Notice to minors
A covered platform shall provide clear and conspicuous notice to an individual that the platform knows is a minor when tools described in this subsection are in effect and what settings or controls have been applied.
(4)

Default tools
A covered platform shall provide that, in the case of a user that the platform knows is a child, the tools described in this subsection shall be enabled by default.
(c)

Reporting mechanism
(1)

Reports submitted by parents, minors, and schools
A covered platform shall provide—
(A)
a readily-accessible and easy-to-use means to submit reports to the covered platform of harms to a minor;
(B)
an electronic point of contact specific to matters involving harms to a minor; and
(C)
confirmation of the receipt of such a report and a means to track a submitted report.
(2)

Timing
A covered platform shall establish an internal process to receive and substantively respond to such reports in a reasonable and timely manner, but in no case later than—
(A)
10 days after the receipt of a report, if, for the most recent calendar year, the platform averaged more than 10,000,000 active users on a monthly basis in the United States;
(B)
21 days after the receipt of a report, if, for the most recent calendar year, the platform averaged less than 10,000,000 active users on a monthly basis in the United States; and
(C)
notwithstanding subparagraphs (A) and (B), if the report involves an imminent threat to the safety of a minor, as promptly as needed to address the reported threat to safety.
(d)

Advertising of illegal products
A covered platform shall not facilitate the advertising of narcotic drugs (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), tobacco products, gambling, or alcohol to an individual that the covered platform knows is a minor.
(e)

Application
(1)

Accessibility
With respect to safeguards and parental controls described under subsections (a) and (b), a covered platform shall provide—
(A)
information and control options in a clear and conspicuous manner that takes into consideration the differing ages, capacities, and developmental needs of the minors most likely to access the covered platform and does not encourage minors or parents to weaken or disable safeguards or parental controls;
(B)
readily-accessible and easy-to-use controls to enable or disable safeguards or parental controls, as appropriate; and
(C)
information and control options in the same language, form, and manner as the covered platform provides the product or service used by minors and their parents.
(2)

Dark patterns prohibition
It shall be unlawful for any covered platform to design, modify, or manipulate a user interface of a covered platform with the purpose or substantial effect of subverting or impairing user autonomy, decision-making, or choice with respect to safeguards or parental controls required under this section.
(3)

Rules of construction
Nothing in this section shall be construed to—
(A)
prevent a covered platform from taking reasonable measures to—
(i)
block, detect, or prevent the distribution of unlawful, obscene, or other harmful material to minors as described in section 3(a); or
(ii)
block or filter spam, prevent criminal activity, or protect the security of a platform or service;
(B)
require the disclosure of a minor's browsing behavior, search history, messages, contact list, or other content or metadata of their communications;
(C)
prevent a covered platform from using a personalized recommendation system to display content to a minor if the system only uses information on—
(i)
the language spoken by the minor;
(ii)
the city the minor is located in; or
(iii)
the minor's age; or
(D)
prohibit a covered platform from integrating its products or service with controls from third-party systems, including operating systems or gaming consoles, to meet the requirements imposed under subsections (a) and (b) relating to safeguards for minors and tools for parents, provided that—
(i)
the controls meet such requirements; and
(ii)
the minor or parent is provided sufficient notice of the integration and use of the controls.
5.

Disclosure
(a)

Notice
(1)

Registration or purchase
Prior to registration or purchase of a covered platform by an individual that the platform knows is a minor, the platform shall provide clear, conspicuous, and easy-to-understand—
(A)
notice of the policies and practices of the covered platform with respect to personal data and safeguards for minors;
(B)
information about how to access the safeguards and parental tools required under section 4; and
(C)
notice about whether the covered platform uses or makes available to minors a product, service, or feature, including any personalized recommendation system, that poses any heightened risk of harm to minors.
(2)

Notification
(A)

Notice and acknowledgment
In the case of an individual that a covered platform knows is a child, the platform shall additionally provide information about the parental tools and safeguards required under section 4 to a parent of the child and obtain verifiable parental consent (as defined in section 1302(9) of the Children's Online Privacy Protection Act (15 U.S.C. 6501(9))) from the parent prior to the inital use of the covered platform by the child.
(B)

Reasonable effort
A covered platform shall be deemed to have satisfied the requirement described in subparagraph (A) if the covered platform is in compliance with the requirements of the Children's Online Privacy Protection Act (15 U.S.C. 6501 et seq.) to use reasonable efforts (taking into consideration available technology) to provide a parent with the information described in subparagraph (A) and to obtain verifiable parental consent as required.
(3)

Consolidated notices
A covered platform may consolidate the process for providing information under this subsection and obtaining verifiable parental consent or the consent of the minor involved (as applicable) as required under this subsection with its obligations to provide relevant notice and obtain verifiable parental consent under the Children's Online Privacy Protection Act (15 U.S.C. 6501 et seq.).
(4)

Guidance
The Federal Trade Commission may issue guidance to assist covered platforms in complying with the requirements of this section.
(b)

Personalized recommendation system
A covered platform that operates a personalized recommendation system shall set out in its terms and conditions, in a clear, conspicuous, and easy-to-understand manner—
(1)
an overview of how such personalized recommendation system is used by the covered platform to provide information to users of the platform who are minors, including how such systems use the personal data of minors; and
(2)
information about options for minors or their parents to opt out of or control the personalized recommendation system (as applicable).
(c)

Advertising and marketing information and labels
(1)

Information and labels
A covered platform that facilitates advertising aimed at users that the platform knows are minors shall provide clear, conspicuous, and easy-to-understand information and labels to minors on advertisements regarding—
(A)
the name of the product, service, or brand and the subject matter of an advertisement;
(B)
if the covered platform engages in individual-specific advertising to minors, why a particular advertisement is directed to a specific minor, including material information about how the minor's personal data is used to direct the advertisement to the minor; and
(C)
whether particular media displayed to the minor is an advertisement or marketing material, including disclosure of endorsements of products, services, or brands made for commercial consideration by other users of the platform.
(2)

Guidance
The Federal Trade Commission may issue guidance to assist covered platforms in complying with the requirements of this subsection, including guidance about the minimum level of information and labels for the disclosures required under paragraph (1) .
(d)

Resources for parents and minors
A covered platform shall provide to minors and parents clear, conspicuous, easy-to-understand, and comprehensive information in a prominent location regarding—
(1)
its policies and practices with respect to personal data and safeguards for minors; and
(2)
how to access the safeguards and tools required under section 4.
(e)

Resources in additional languages
A covered platform shall ensure, to the extent practicable, that the disclosures required by this section are made available in the same language, form, and manner as the covered platform provides any product or service used by minors and their parents.
6.

Transparency
(a)

In general
Subject to subsection (b), not less frequently than once a year, a covered platform shall issue a public report describing the reasonably foreseeable risks of material harms to minors and assessing the prevention and mitigation measures taken to address such risk based on an independent, third-party audit conducted through reasonable inspection of the covered platform.
(b)

Scope of application
The requirements of this section shall apply to a covered platform if—
(1)
for the most recent calendar year, the platform averaged more than 10,000,000 active users on a monthly basis in the United States; and
(2)
the platform predominantly provides a community forum for user-generated content and discussion, including sharing videos, images, games, audio files, discussion in a virtual setting, or other content, such as acting as a social media platform, virtual reality environment, or a social network service.
(c)

Content
(1)

Transparency
The public reports required of a covered platform under this section shall include—
(A)
an assessment of the extent to which the platform is likely to be accessed by minors;
(B)
a description of the commercial interests of the covered platform in use by minors;
(C)
an accounting, based on the data held by the covered platform, of—
(i)
the number of individuals using the covered platform reasonably believed to be minors in the United States;
(ii)
the median and mean amounts of time spent on the platform by minors in the United States who have accessed the platform during the reporting year on a daily, weekly, and monthly basis; and
(iii)
the amount of content being accessed by individuals that the platform knows to be minors that is in English, and the top 5 non-English languages used by individuals accessing the platform in the United States;
(D)
an accounting of total reports received regarding, and the prevalence (which can be based on scientifically valid sampling methods using the content available to the covered platform in the normal course of business) of content related to, the harms described in section 3(a), disaggregated by category of harm and language, including English and the top 5 non-English languages used by individuals accessing the platform from the United States (as identified under subparagraph (C)(iii)); and
(E)
a description of any material breaches of parental tools or assurances regarding minors, representations regarding the use of the personal data of minors, and other matters regarding non-compliance.
(2)

Reasonably foreseeable risk of harm to minors
The public reports required of a covered platform under this section shall include—
(A)
an assessment of the reasonably foreseeable risk of harms to minors posed by the covered platform, including identifying any other physical, mental, developmental, or financial harms in addition to those described in section 3(a);
(B)
an assessment of how personalized recommendation systems and individual-specific advertising to minors can contribute to harms to minors;
(C)
a description of whether and how the covered platform uses system design features that increase, sustain, or extend use of a product or service by a minor, such as automatic playing of media, rewards for time spent, and notifications;
(D)
a description of whether, how, and for what purpose the platform collects or processes categories of personal data that may cause reasonably foreseeable risk of harms to minors;
(E)
an evaluation of the efficacy of safeguards for minors under section 4, and any issues in delivering such safeguards and the associated parental tools;
(F)
an evaluation of any other relevant matters of public concern over risk of harms to minors; and
(G)
an assessment of differences in risk of harm to minors across different English and non-English languages and efficacy of safeguards in those languages.
(3)

Mitigation
The public reports required of a covered platform under this section shall include, for English and the top 5 non-English languages used by individuals accessing the platform from the United States (as identified under paragraph (2)(C)(iii)))—
(A)
a description of the safeguards and parental tools available to minors and parents on the covered platform;
(B)
a description of interventions by the covered platform when it had or has reason to believe that harms to minors could occur;
(C)
a description of the prevention and mitigation measures intended to be taken in response to the known and emerging risks identified in its assessment of system risks, including steps taken to—
(i)
prevent harms to minors, including adapting or removing system design features or addressing through parental controls;
(ii)
provide the most protective level of control over privacy and safety by default; and
(iii)
adapt recommendation systems to mitigate reasonably foreseeable risk of harms to minors, as described in section 3(a);
(D)
a description of internal processes for handling reports and automated detection mechanisms for harms to minors, including the rate, timeliness, and effectiveness of responses under the requirement of section 4(c);
(E)
the status of implementing prevention and mitigation measures identified in prior assessments; and
(F)
a description of the additional measures to be taken by the covered platform to address the circumvention of safeguards for minors and parental tools.
(d)

Reasonable inspection
In conducting an inspection of the systemic risks of harm to minors under this section, an independent, third-party auditor shall—
(1)
take into consideration the function of personalized recommendation systems;
(2)
consult parents and youth experts, including youth and families with relevant past or current experience, public health and mental health nonprofit organizations, health and development organizations, and civil society with respect to the prevention of harms to minors;
(3)
conduct research based on experiences of minors that use the covered platform, including reports under section 4(c) and information provided by law enforcement;
(4)
take account of research, including research regarding system design features, marketing, or product integrity, industry best practices, or outside research;
(5)
consider indicia or inferences of age of users, in addition to any self-declared information about the age of individuals; and
(6)
take into consideration differences in risk of reasonably foreseeable harms and effectiveness of safeguards across English and non-English languages.
(e)

Cooperation with independent, third-party audit
To facilitate the report required by subsection (c), a covered platform shall—
(1)
provide or otherwise make available to the independent third-party conducting the audit all information and material in its possession, custody, or control that is relevant to the audit;
(2)
provide or otherwise make available to the independent third-party conducting the audit access to all network, systems, and assets relevant to the audit; and
(3)
disclose all relevant facts to the independent third-party conducting the audit, and not misrepresent in any manner, expressly or by implication, any relevant fact.
(f)

Privacy safeguards
(1)

In general
In issuing the public reports required under this section, a covered platform shall take steps to safeguard the privacy of its users, including ensuring that data is presented in a de-identified, aggregated format such that it is reasonably impossible for the data to be linked back to any individual user.
(2)

Rule of construction
This section shall not be construed to require the disclosure of information that will lead to material vulnerabilities for the privacy of users or the security of a covered platform's service or create a significant risk of the violation of Federal or State law.
(3)

Definition of de-identified
As used in this subsection, the term de-identified means data that does not identify and is not linked or reasonably linkable to a device that is linked or reasonably linkable to an individual, regardless of whether the information is aggregated
(g)

Location
The public reports required under this section should be posted by a covered platform on an easy to find location on a publicly-available website.
7.

Independent research on social media and minors
(a)

Definitions
In this section:
(1)

Commission
The term Commission means the Federal Trade Commission.
(2)

National Academy
The term National Academy means the National Academy of Sciences.
(3)

Secretary
The term Secretary means the Secretary of Health and Human Services.
(b)

Research on social media harms
Not later than 12 months after the date of enactment of this Act, the Commission shall seek to enter into a contract with the National Academy, under which the National Academy shall conduct no less than 5 scientific, comprehensive studies and reports on the risk of harms to minors by use of social media and other online platforms, including in English and non-English languages.
(c)

Matters to be addressed
In contracting with the National Academy, the Commission, in consultation with the Secretary, shall seek to commission separate studies and reports, using the Commission's authority under section 6(b) of the Federal Trade Commission Act (15 U.S.C. 46(b)), on the relationship between social media and other online platforms as defined in this Act on the following matters:
(1)
Anxiety, depression, eating disorders, and suicidal behaviors.
(2)
Substance use disorders and the use of narcotic drugs, tobacco products, gambling, or alcohol by minors.
(3)
Sexual exploitation and abuse.
(4)
Addiction-like use of social media and design factors that lead to unhealthy and harmful overuse of social media.
(d)

Additional study
Not earlier than 4 years after enactment, the Commission shall seek to enter into a contract with the National Academy under which the National Academy shall conduct an additional study and report covering the matters described in subsection (c) for the purposes of providing additional information, considering new research, and other matters.
(e)

Content of reports
The comprehensive studies and reports conducted pursuant to this section shall seek to evaluate impacts and advance understanding, knowledge, and remedies regarding the harms to minors posed by social media and other online platforms, and may include recommendations related to public policy.
(f)

Active studies
If the National Academy is engaged in any active studies on the matters described in subsection (c) at the time that it enters into a contract with the Commission to conduct a study under this section, it may base the study to be conducted under this section on the active study, so long as it otherwise incorporates the requirements of this section.
(g)

Collaboration
In designing and conducting the studies under this section, the Commission, the Secretary, and the National Academy shall consult with the Surgeon General and the Kids Online Safety Council.
(h)

Access to Data
(1)

Fact-finding authority
The Commission may issue orders to gather and compile information and data necessary to conduct the studies required under this section.
(2)

Scope
The Commission may issue orders under section 6(b) of the Federal Trade Commission Act (15 U.S.C. 46(b)) to no more than 5 covered platforms per study under this section.
(3)

Confidential access
Pursuant to subsections (b) and (f) of section 6 of the Federal Trade Commission Act (15 U.S.C. 46), the Commission shall enter in agreements with the National Academy to share appropriate information received from a covered platform pursuant to an order under such subsection (b) for a comprehensive study under this section in a confidential and secure manner, and to prohibit the disclosure or sharing of such information by the National Academy.
8.

Market research
(a)

Market research by covered platforms
The Federal Trade Commission, in consultation with the Secretary of Commerce, shall issue guidance for covered platforms seeking to conduct market- and product-focused research on minors. Such guidance shall include—
(1)
a standard consent form that provides minors and their parents a clear, conspicuous, and easy-to-understand explanation of the scope and purpose of the research to be conducted, and provides an opportunity for informed consent in the language in which the parent uses the covered platform; and
(2)
recommendations for research practices for studies that may include minors, disaggregated by the age ranges of 0-5, 6-9, 10-12, and 13-16.
(b)

Timing
The Federal Trade Commission shall issue such guidance not later than 18 months after the date of enactment of this Act. In doing so, they shall seek input from members of the public and the representatives of the Kids Online Safety Council established under section 12.
9.

Age verification study and report
(a)

Study
The Director of the National Institute of Standards and Technology, in coordination with the Federal Communications Commission, Federal Trade Commission, and the Secretary of Commerce, shall conduct a study evaluating the most technologically feasible methods and options for developing systems to verify age at the device or operating system level.
(b)

Contents
Such study shall consider —
(1)
the benefits of creating a device or operating system level age verification system;
(2)
what information may need to be collected to create this type of age verification system;
(3)
the accuracy of such systems and their impact or steps to improve accessibility, including for individuals with disabilities;
(4)
how such a system or systems could verify age while mitigating risks to user privacy and data security and safeguarding minors' personal data, emphasizing minimizing the amount of data collected and processed by covered platforms and age verification providers for such a system;
(5)
the technical feasibility, including the need for potential hardware and software changes, including for devices currently in commerce and owned by consumers; and
(6)
the impact of different age verification systems on competition, particularly the risk of different age verification systems creating barriers to entry for small companies.
(c)

Report
Not later than 1 year after the date of enactment of this Act, the agencies described in subsection (a) shall submit a report containing the results of the study conducted under such subsection to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
10.

Guidance
(a)

In general
Not later than 18 months after the date of enactment of this Act, the Federal Trade Commission, in consultation with the Kids Online Safety Council established under section 12, shall issue guidance to—
(1)
provide information and examples for covered platforms and auditors regarding the following, with consideration given to differences across English and non-English languages—
(A)
identifying features that are used to increase, sustain, or extend use of the covered platform by a minor;
(B)
safeguarding minors against the possible misuse of parental tools;
(C)
best practices in providing minors and parents the most protective level of control over privacy and safety;
(D)
using indicia or inferences of age of users for assessing use of the covered platform by minors;
(E)
methods for evaluating the efficacy of safeguards; and
(F)
providing additional control options that allow parents to address the harms described in section 3(a); and
(2)
outline conduct that does not have the purpose or substantial effect of subverting or impairing user autonomy, decision-making, or choice, or of causing, increasing, or encouraging compulsive usage for a minor, such as—
(A)
de minimis user interface changes derived from testing consumer preferences, including different styles, layouts, or text, where such changes are not done with the purpose of weakening or disabling safeguards or parental controls;
(B)
algorithms or data outputs outside the control of a covered platform; and
(C)
establishing default settings that provide enhanced privacy protection to users or otherwise enhance their autonomy and decision-making ability.
(b)

Guidance to schools
Not later than 18 months after the date of enactment of this Act, the Secretary of Education, in consultation with the Federal Trade Commission and the Kids Online Safety Council established under section 12, shall issue guidance to assist to assist elementary and secondary schools in using the notice, safeguards and tools provided under this Act and providing information on online safety for students and teachers.
(c)

Guidance on knowledge standard
Not later than 18 months after the date of enactment of this Act, the Federal Trade Commission shall issue guidance to provide information, including best practices and examples, for covered platforms to understand the Commission’s determination of whether a covered platform “had knowledge fairly implied on the basis of objective circumstances” for purposes of this Act.
(d)

Limitation on Federal Trade Commission guidance
(1)

Effect of guidance
No guidance issued by the Federal Trade Commission with respect to this Act shall—
(A)
confer any rights on any person, State, or locality; or
(B)
operate to bind the Federal Trade Commission or any person to the approach recommended in such guidance.
(2)

Use in enforcement actions
In any enforcement action brought pursuant to this Act, the Federal Trade Commission—
(A)
shall allege a violation of a provision of this Act; and
(B)
may not base such enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with guidance issued by the Federal Trade Commission with respect to this Act, unless the practices are alleged to violate a provision of this Act.
11.

Enforcement
(a)

Enforcement by Federal Trade Commission
(1)

Unfair and deceptive acts or practices
A violation of this Act 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)).
(2)

Powers of the Commission
(A)

In general
The Federal Trade Commission (referred to in this section as the Commission) shall enforce this Act 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 Act.
(B)

Privileges and immunities
Any person that violates this Act shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(3)

Authority preserved
Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
(b)

Enforcement by State attorneys general
(1)

In general
(A)

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 this Act, 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 or a State court of appropriate jurisdiction to—
(i)
enjoin that practice;
(ii)
enforce compliance with this Act;
(iii)
on behalf of residents of the State, obtain damages, restitution, or other compensation, each of which shall be distributed in accordance with State law; or
(iv)
obtain such other relief as the court may consider to be appropriate.
(B)

Notice
(i)

In general
Before filing an action under subparagraph (A), 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.
(ii)

Exemption
(I)

In general
Clause (i) shall not apply with respect to the filing of an action by an attorney general of a State under this paragraph if the attorney general of the State determines that it is not feasible to provide the notice described in that clause before the filing of the action.
(II)

Notification
In an action described in subclause (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.
(2)

Intervention
(A)

In general
On receiving notice under paragraph (1)(B), the Commission shall have the right to intervene in the action that is the subject of the notice.
(B)

Effect of intervention
If the Commission intervenes in an action under paragraph (1), it shall have the right—
(i)
to be heard with respect to any matter that arises in that action; and
(ii)
to file a petition for appeal.
(3)

Construction
For purposes of bringing any civil action under paragraph (1), nothing in this Act 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—
(A)
conduct investigations;
(B)
administer oaths or affirmations; or
(C)
compel the attendance of witnesses or the production of documentary and other evidence.
(4)

Actions by the commission
In any case in which an action is instituted by or on behalf of the Commission for violation of this Act, no State may, during the pendency of that action, institute a separate action under paragraph (1) against any defendant named in the complaint in the action instituted by or on behalf of the Commission for that violation.
(5)

Venue; service of process
(A)

Venue
Any action brought under paragraph (1) may be brought in—
(i)
the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or
(ii)
a State court of competent jurisdiction.
(B)

Service of process
In an action brought under paragraph (1) in a district court of the United States, process may be served wherever defendant—
(i)
is an inhabitant; or
(ii)
may be found.
12.

Kids online safety council
(a)

Establishment
Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall establish and convene the Kids Online Safety Council for the purpose of providing advice on matters related to this Act.
(b)

Participation
The Kids Online Safety Council shall include diverse participation from—
(1)
academic experts, health professionals, and members of civil society with expertise in mental health, substance use disorders, and the prevention of harms to minors;
(2)
representatives in academia and civil society with specific expertise in privacy and civil liberties;
(3)
parents and youth representation;
(4)
representatives of covered platforms;
(5)
representatives of the National Telecommunications and Information Administration, the National Institute of Standards and Technology, the Federal Trade Commission, the Department of Justice, and the Department of Health and Human Services;
(6)
State attorneys general or their designees acting in State or local government;
(7)
educators; and
(8)
representatives of communities of socially disadvantaged individuals (as defined in section 8 of the Small Business Act (15 U.S.C. 637)).
(c)

Activities
The matters to be addressed by the Kids Online Safety Council shall include—
(1)
identifying emerging or current risks of harms to minors associated with online platforms;
(2)
recommending measures and methods for assessing, preventing, and mitigating harms to minors online;
(3)
recommending methods and themes for conducting research regarding online harms to minors, including in English and non-English languages; and
(4)
recommending best practices and clear, consensus-based technical standards for transparency reports and audits, as required under this Act, including methods, criteria, and scope to promote overall accountability.
13.

Filter bubble transparency requirements
(a)

Definitions
In this section:
(1)

Algorithmic ranking system
The term algorithmic ranking system means a computational process, including one derived from algorithmic decision-making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used to determine the selection, order, relative prioritization, or relative prominence of content from a set of information that is provided to a user on a covered internet platform, including the ranking of search results, the provision of content recommendations, the display of social media posts, or any other method of automated content selection.
(2)

Approximate geolocation information
The term approximate geolocation information means information that identifies the location of an individual, but with a precision of less than 5 miles.
(3)

Commission
The term Commission means the Federal Trade Commission.
(4)

Connected device
The term connected device means an electronic device that—
(A)
is capable of connecting to the internet, either directly or indirectly through a network, to communicate information at the direction of an individual;
(B)
has computer processing capabilities for collecting, sending, receiving, or analyzing data; and
(C)
is primarily designed for or marketed to consumers.
(5)

Covered internet platform
(A)

In general
The term covered internet platform means any public-facing website, internet application, or mobile application, including a social network site, video sharing service, search engine, or content aggregation service.
(B)

Exclusions
Such term shall not include a platform that—
(i)
is wholly owned, controlled, and operated by a person that—
(I)
for the most recent 6-month period, did not employ more than 500 employees;
(II)
for the most recent 3-year period, averaged less than $50,000,000 in annual gross revenue; and
(III)
collects or processes on an annual basis the user-specific data of less than 1,000,000 users; or
(ii)
is operated for the sole purpose of conducting research that is not made for profit either directly or indirectly.
(6)

Input-transparent algorithm
(A)

In general
The term input-transparent algorithm means an algorithmic ranking system that does not use the user-specific data of a user to determine the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on a covered internet platform, unless the user-specific data is expressly provided to the platform by the user for such purpose.
(B)

Data provided for express purpose of interaction with platform
For purposes of subparagraph (A), user-specific data that is provided by a user for the express purpose of determining the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on a covered internet platform—
(i)
shall include user-supplied search terms, filters, speech patterns (if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the user interacts with the platform), saved preferences, and the current precise geolocation information that is supplied by the user;
(ii)
shall include the user's current approximate geolocation information;
(iii)
shall include data affirmatively supplied to the platform by the user that expresses the user's desire to receive particular information, such as the social media profiles the user follows, the video channels the user subscribes to, or other content or sources of content on the platform the user has selected;
(iv)
shall not include the history of the user's connected device, including the user's history of web searches and browsing, previous geographical locations, physical activity, device interaction, and financial transactions; and
(v)
shall not include inferences about the user or the user's connected device, without regard to whether such inferences are based on data described in clause (i) or (iii).
(7)

Opaque algorithm
(A)

In general
The term opaque algorithm means an algorithmic ranking system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on a covered internet platform based, in whole or part, on user-specific data that was not expressly provided by the user to the platform for such purpose.
(B)

Exception for age-appropriate content filters
Such term shall not include an algorithmic ranking system used by a covered internet platform if—
(i)
the only user-specific data (including inferences about the user) that the system uses is information relating to the age of the user; and
(ii)
such information is only used to restrict a user's access to content on the basis that the individual is not old enough to access such content.
(8)

Precise geolocation information
The term precise geolocation information means geolocation information that identifies an individual’s location to within a range of 5 miles or less.
(9)

Search syndication contract; upstream provider; downstream provider
(A)

Search syndication contract
The term search syndication contract means a contract or subcontract for the sale of, license of, or other right to access an index of web pages or search results on the internet for the purpose of operating an internet search engine.
(B)

Upstream provider
The term upstream provider means, with respect to a search syndication contract, the person that grants access to an index of web pages or search results on the internet to a downstream provider pursuant to the contract.
(C)

Downstream provider
The term downstream provider means, with respect to a search syndication contract, the person that receives access to an index of web pages on the internet from an upstream provider under such contract.
(10)

User-specific data
The term user-specific data means information relating to an individual or a specific connected device that would not necessarily be true of every individual or device.
(b)

Requirement to allow users to see unmanipulated content on internet platforms
(1)

In general
Beginning on the date that is 1 year after the date of enactment of this Act, it shall be unlawful—
(A)
for any person to operate a covered internet platform that uses an opaque algorithm unless the person complies with the requirements of paragraph (2); or
(B)
for any upstream provider to grant access to an index of web pages on the internet under a search syndication contract that does not comply with the requirements of paragraph (3).
(2)

Opaque algorithm requirements
(A)

In general
The requirements of this paragraph with respect to a person that operates a covered internet platform that uses an opaque algorithm are the following:
(i)
The person provides notice to users of the platform—
(I)
that the platform uses an opaque algorithm that uses user-specific data to select the content the user sees. Such notice shall be presented in a clear, conspicuous manner on the platform whenever the user interacts with an opaque algorithm for the first time, and may be a one-time notice that can be dismissed by the user; and
(II)
in the terms and conditions of the covered internet platform, in a clear, accessible, and easily comprehensible manner to be updated no less frequently than once every 6 months—
- (aa)
the most salient features, inputs, and parameters used by the algorithm;
- (bb)
how any user-specific data used by the algorithm is collected or inferred about a user of the platform, and the categories of such data;
- (cc)
any options that the covered internet platform makes available for a user of the platform to opt out or exercise options under clause (ii), modify the profile of the user or to influence the features, inputs, or parameters used by the algorithm; and
- (dd)
any quantities, such as time spent using a product or specific measures of engagement or social interaction, that the algorithm is designed to optimize, as well as a general description of the relative importance of each quantity for such ranking.
(ii)
The person makes available a version of the platform that uses an input-transparent algorithm and enables users to easily switch between the version of the platform that uses an opaque algorithm and the version of the platform that uses the input-transparent algorithm.
(B)

Nonapplication to certain downstream providers
Subparagraph (A) shall not apply with respect to an internet search engine if—
(i)
the search engine is operated by a downstream provider with fewer than 1,000 employees; and
(ii)
the search engine uses an index of web pages on the internet to which such provider received access under a search syndication contract.
(3)

Search syndication contract requirement
The requirements of this paragraph with respect to a search syndication contract are that—
(A)
as part of the contract, the upstream provider makes available to the downstream provider the same input-transparent algorithm used by the upstream provider for purposes of complying with paragraph (2)(A)(ii); and
(B)
the upstream provider does not impose any additional costs, degraded quality, reduced speed, or other constraint on the functioning of such algorithm when used by the downstream provider to operate an internet search engine relative to the performance of such algorithm when used by the upstream provider to operate an internet search engine.
(4)

Prohibition on differential pricing
A covered internet platform shall not deny, charge different prices or rates for, or condition the provision of a service or product to an individual based on the individual’s election to use a version of the platform that uses an input-transparent algorithm as provided under paragraph (2)(A)(ii).
(c)

Enforcement by Federal Trade Commission
(1)

Unfair or deceptive acts or practices
A violation of this section by an operator of a covered internet platform 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)).
(2)

Powers of commission
(A)

In general
Except as provided in subparagraph (C), the Federal Trade Commission shall enforce this section 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 section.
(B)

Privileges and immunities
Except as provided in subparagraph (C), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(C)

Common carriers and nonprofit organizations
Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to—
(i)
common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and Acts amendatory thereof and supplementary thereto; and
(ii)
organizations not organized to carry on business for their own profit or that of their members.
(D)

Authority preserved
Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
(3)

Rule of application
Section 11 shall not apply to this section.
(d)

Rule of construction to preserve personalized blocks
Nothing in this section shall be construed to limit or prohibit a covered internet platform’s ability to, at the direction of an individual user or group of users, restrict another user from searching for, finding, accessing, or interacting with such user’s or group’s account, content, data, or online community.
14.

Effective date
Except as otherwise provided in this Act, this Act shall take effect on the date that is 18 months after the date of enactment of this Act.
15.

Rules of construction and other matters
(a)

Relationship to other laws
Nothing in this Act shall be construed to—
(1)
preempt section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the “Family Educational Rights and Privacy Act of 1974”) or other Federal or State laws governing student privacy;
(2)
preempt the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) or any rule or regulation promulgated under such Act; or
(3)
authorize any action that would conflict with section 18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).
(b)

Determination of “fairly implied on the basis of objective circumstances”
For purposes of enforcing this Act, in making a determination as to whether covered platform has knowledge fairly implied on the basis of objective circumstances that a user is a minor, the Federal Trade Commission shall rely on competent and reliable empirical evidence, taking into account the totality of the circumstances, including consideration of whether the operator, using available technology, exercised reasonable care.
(c)

Protections for privacy
Nothing in this Act shall be construed to require—
(1)
the affirmative collection of any personal data with respect to the age of users that a covered platform is not already collecting in the normal course of business; or
(2)
a covered platform to implement an age gating or age verification functionality.
(d)

Compliance
Nothing in this Act shall be construed to restrict a covered platform's ability to—
(1)
cooperate with law enforcement agencies regarding activity that the covered platform reasonably and in good faith believes may violate Federal, State, or local laws, rules, or regulations;
(2)
comply with a civil, criminal, or regulatory inquiry or any investigation, subpoena, or summons by Federal, State, local, or other government authorities; or
(3)
investigate, establish, exercise, respond to, or defend against legal claims.
(e)

Application to video streaming services
A video streaming service shall be deemed to be in compliance with this Act if it predominantly consists of news, sports, entertainment, or other video programming content that is preselected by the provider and not user-generated, and—
(1)
any chat, comment, or interactive functionality is provided incidental to, directly related to, or dependent on provision of such content;
(2)
if such video streaming service requires account owner registration and is not predominantly news or sports, the service includes the capability—
(A)
to limit a minor’s access to the service, which may utilize a system of age-rating;
(B)
to limit the automatic playing of on-demand content selected by a personalized recommendation system for an individual that the service knows is a minor;
(C)
to provide an individual that the service knows is a minor with readily-accessible and easy-to-use options to delete an account held by the minor and delete any personal data collected from the minor on the service, or, in the case of a service that allows a parent to create a profile for a minor, to allow a parent to delete the minor’s profile, and to delete any personal data collected from the minor on the service;
(D)
for a parent to manage a minor’s privacy and account settings, and restrict purchases and financial transactions by a minor, where applicable;
(E)
to provide an electronic point of contact specific to matters described in this paragraph;
(F)
to offer a clear, conspicuous, and easy-to-understand notice of its policies and practices with respect to personal data and the capabilities described in this paragraph; and
(G)
when providing on-demand content, to employ measures that safeguard against serving advertising for narcotic drugs (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), tobacco products, gambling, or alcohol directly to the account or profile of an individual that the service knows is a minor.
16.

Severability
If any provision of this Act, or an amendment made by this Act, is determined to be unenforceable or invalid, the remaining provisions of this Act and the amendments made by this Act shall not be affected.
December 13, 2023
Reported with an amendment