[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 564 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 564
To permit parents to bring a civil action against social media
companies that fail to provide parental access and data control rights
with respect to the social media accounts of minor children, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2023
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To permit parents to bring a civil action against social media
companies that fail to provide parental access and data control rights
with respect to the social media accounts of minor children, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Data Rights Act''.
SEC. 2. PARENTAL SOCIAL MEDIA ACCOUNT ACCESS.
(a) Definitions.--In this section:
(1) Contact information.--The term ``contact information'',
with respect to an individual, means--
(A) the full legal name of the individual; and
(B) the email address of the individual.
(2) Covered interactive computer service.--The term
``covered interactive computer service'' means an interactive
computer service--
(A) that is provided through a website, online
application, or mobile application (including a single
interactive computer service that is provided through
more than 1 such website or application);
(B) through which information provided by another
information content provider is distributed; and
(C) that enables an individual user to create an
account for the purpose of viewing, generating, or
modifying content that can be viewed, shared, or
otherwise interacted with by other third-party users of
the interactive computer service.
(3) Information content provider; interactive computer
service.--The terms ``information content provider'' and
``interactive computer service'' have the meanings given those
terms in section 230(f) of the Communications Act of 1934 (47
U.S.C. 230(f)).
(4) Minor child.--The term ``minor child'' means an
individual who is younger than 18 years of age.
(5) Social media company.--The term ``social media
company''--
(A) means an entity that provides, in or affecting
interstate or foreign commerce, a covered interactive
computer service; and
(B) does not include an organization described in
section 501(c) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.
(b) Parental Notification.--A social media company that permits a
minor child to create an account with the social media company shall--
(1) at the time the minor child creates the account,
require the collection of the contact information of a parent
or guardian of that minor child; and
(2) notify the parent or guardian, the contact information
of whom is collected under paragraph (1), regarding the
creation of the account described in that paragraph.
(c) Liability.--A social media company shall be liable in
accordance with this section to--
(1) any individual who requests, and is denied access to,
all data regarding the use, by a minor child in the custody of
the individual, of the covered interactive computer service
provided by the social media company; and
(2) any individual who requests and is denied the ability
to delete--
(A) an account maintained with the social media
company by a minor child in the custody of the
individual; and
(B) all data associated with the account described
in subparagraph (A).
(d) Private Right of Action.--
(1) In general.--An individual who makes a request under
subsection (c) (and who is entitled to have the applicable
social media company take action under that subsection in
response to that request), may, if that request is denied by
the social media company, bring a civil action against the
social media company in an appropriate district court of the
United States, or in a State court of competent jurisdiction,
for--
(A) injunctive relief;
(B) punitive damages, with treble damages available
if, because of the negligence or inaction of that
social media company, the individual did not receive
from that social media company a notification to which
the individual was entitled under subsection (b)(2);
and
(C) attorney's fees and costs.
(2) Affirmative defense.--It shall be an affirmative
defense to an action brought against a social media company
under paragraph (1) that the social media company, at all
relevant times--
(A) took reasonable, affirmative steps to ascertain
the age of each user of the covered interactive
computer service provided by the social media company;
and
(B) did not know, and had no reason to know, that
the user that is the subject of the action was a minor
child when the user used the covered interactive
computer service provided by the social media company.
(e) Effective Date; Applicability.--This Act--
(1) shall take effect on the date that is 180 days after
the date of enactment of this Act; and
(2) shall not apply to any use of a covered interactive
computer service that occurred before the effective date
described in paragraph (1).
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