[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1748 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 1748

           To protect the safety of children on the internet.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2025

    Mrs. Blackburn (for herself, Mr. Blumenthal, Mr. Thune, and Mr. 
   Schumer) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
           To protect the safety of children on the internet.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.
                      TITLE I--KIDS ONLINE SAFETY

Sec. 101. Definitions.
Sec. 102. Duty of care.
Sec. 103. Safeguards for minors.
Sec. 104. Disclosure.
Sec. 105. Transparency.
Sec. 106. Market research.
Sec. 107. Age verification study and report.
Sec. 108. Guidance.
Sec. 109. Enforcement.
Sec. 110. Kids online safety council.
Sec. 111. Effective date.
Sec. 112. Rules of construction and other matters.
                  TITLE II--FILTER BUBBLE TRANSPARENCY

Sec. 201. Definitions.
Sec. 202. Requirement to allow users to see unmanipulated content on 
                            internet platforms.
          TITLE III--RELATIONSHIP TO STATE LAWS; SEVERABILITY

Sec. 301. Relationship to State laws.
Sec. 302. Severability.

                      TITLE I--KIDS ONLINE SAFETY

SEC. 101. DEFINITIONS.

    In this title:
            (1) Child.--The term ``child'' means an individual who is 
        under the age of 13.
            (2) Compulsive usage.--The term ``compulsive usage'' means 
        a persistent and repetitive use of a covered platform that 
        significantly impacts one or more major life activities of an 
        individual, including socializing, sleeping, eating, learning, 
        reading, concentrating, communicating, or working.
            (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 or 
                                video signals for real-time 
                                communication, provided that--
                                            (aa) the service is not an 
                                        online platform; and
                                            (bb) the real-time 
                                        communication is initiated by 
                                        using a unique link or 
                                        identifier to facilitate 
                                        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--
                                    (I) early childhood education 
                                program or preschool that provides for 
                                the care, development, and education of 
                                infants, toddlers, or young children 
                                who are not yet enrolled in 
                                kindergarten;
                                    (II) elementary school (as defined 
                                in section 8101 of the Elementary and 
                                Secondary Education Act of 1965 (20 
                                U.S.C. 7801)) or secondary school (as 
                                so defined);
                                    (III) school providing career and 
                                technical education (as defined in 
                                section 3 of the Carl D. Perkins Career 
                                and Technical Education Act of 2006 (20 
                                U.S.C. 2302));
                                    (IV) school providing adult 
                                education and literacy activities (as 
                                defined in section 203 of the Adult 
                                Education and Family Literacy Act (29 
                                U.S.C. 3272)); or
                                    (V) institution of higher education 
                                (as defined in section 101, and 
                                subparagraphs (A) and (B) of section 
                                102(a)(1), of the Higher Education Act 
                                of 1965 (20 U.S.C. 1001, 1002(a)(1)));
                            (iv) a library (as defined in section 213 
                        of the Library Services and Technology Act (20 
                        U.S.C. 9122));
                            (v) a news or sports coverage 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 or sports coverage; 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, 
                        such as a cloud storage, file sharing, or file 
                        collaboration service;
                            (vii) a virtual private network or similar 
                        service that exists predominantly to route 
                        internet traffic between locations; or
                            (viii) a government entity with a .gov 
                        internet domain (as described in section 2215 
                        of the Homeland Security Act of 2002 (6 U.S.C. 
                        665)).
            (4) Design feature.--The term ``design feature'' means any 
        feature or component of a covered platform that will encourage 
        or increase the frequency, time spent, or activity of minors on 
        the covered platform. Design features include but are not 
        limited to--
                    (A) infinite scrolling or auto play;
                    (B) rewards or incentives based on the frequency, 
                time spent, or activity of minors on the covered 
                platform;
                    (C) notifications and push alerts;
                    (D) badges or other visual award symbols based on 
                the frequency, time spent, or activity of minors on the 
                covered platform;
                    (E) personalized design features;
                    (F) in-game purchases; or
                    (G) appearance altering filters.
            (5) Geolocation.--The term ``geolocation'' has the meaning 
        given the term ``geolocation information'' in section 1302 of 
        the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 
        6501), as added by section 201(a).
            (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) Microtransaction.--
                    (A) In general.--The term ``microtransaction'' 
                means a purchase made in an online video game 
                (including a purchase made using a virtual currency 
                that is purchasable or redeemable using cash or credit 
                or that is included as part of a paid subscription 
                service).
                    (B) Inclusions.--Such term includes a purchase 
                involving surprise mechanics, new characters, or in-
                game items.
                    (C) Exclusions.--Such term does not include--
                            (i) a purchase made in an online video game 
                        using a virtual currency that is earned through 
                        gameplay and is not otherwise purchasable or 
                        redeemable using cash or credit or included as 
                        part of a paid subscription service; or
                            (ii) a purchase of additional levels within 
                        the game or an overall expansion of the game.
            (8) Minor.--The term ``minor'' means an individual who is 
        under the age of 17.
            (9) Narcotic drug.--The term ``narcotic drug'' has the 
        meaning given such term in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802).
            (10) Online platform.--
                    (A) In general.--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.
                    (B) Incidental chat functions.--A website, online 
                service, online application, or mobile application is 
                not an online platform solely on the basis that it 
                includes a chat, comment, or other interactive function 
                that is incidental to its predominant purpose.
            (11) Online video game.--The term ``online video game'' 
        means a video game, including an educational video game, that 
        connects to the internet and that allows a user to--
                    (A) create and upload content other than content 
                that is incidental to gameplay, such as character or 
                level designs created by the user, preselected phrases, 
                or short interactions with other users;
                    (B) engage in microtransactions within the game; or
                    (C) communicate with other users.
            (12) Parent.--The term ``parent'' includes a legal 
        guardian.
            (13) Personal data.--The term ``personal data'' has the 
        same meaning as the term ``personal information'' as defined in 
        section 1302 of the Children's Online Privacy Protection Act 
        (15 U.S.C. 6501).
            (14) Personalized design feature.--The term ``personalized 
        design feature'' means a fully or partially automated system, 
        including a recommendation system, that is based on the 
        collection of personal data of users and that encourages or 
        increases the frequency, time spent, or activity of minors on 
        the covered platform.
            (15) 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, hashtags, or posts, based on 
        the personal data of users. A recommendation system that 
        suggests, promotes, or ranks content based solely on the user's 
        language, city or town, or age shall not be considered a 
        personalized recommendation system.
            (16) 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.
            (17) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, each commonwealth, 
        territory, or possession of the United States, and each 
        federally recognized Indian Tribe.
            (18) User.--The term ``user'' means, with respect to a 
        covered platform, an individual who registers an account or 
        creates a profile on the covered platform.

SEC. 102. DUTY OF CARE.

    (a) Prevention of Harm to Minors.--A covered platform shall 
exercise reasonable care in the creation and implementation of any 
design feature to prevent and mitigate the following harms to minors 
where a reasonable and prudent person would agree that such harms were 
reasonably foreseeable by the covered platform and would agree that the 
design feature is a contributing factor to such harms:
            (1) Eating disorders, substance use disorders, and suicidal 
        behaviors.
            (2) Depressive disorders and anxiety disorders when such 
        conditions have objectively verifiable and clinically 
        diagnosable symptoms and are related to compulsive usage.
            (3) Patterns of use that indicate compulsive usage.
            (4) Physical violence or online harassment activity that is 
        so severe, pervasive, or objectively offensive that it impacts 
        a major life activity of a minor.
            (5) Sexual exploitation and abuse of minors.
            (6) Distribution, sale, or use of narcotic drugs, tobacco 
        products, cannabis products, gambling, or alcohol.
            (7) Financial harms caused by unfair or deceptive acts or 
        practices (as defined in section 5(a)(4) of the Federal Trade 
        Commission Act (15 U.S.C. 45(a)(4))).
    (b) Rules of Construction.--
            (1) Nothing in subsection (a) shall be construed to require 
        a covered platform to prevent or preclude any minor from--
                    (A) deliberately and independently searching for, 
                or specifically requesting, content; or
                    (B) accessing resources and information regarding 
                the prevention or mitigation of the harms described in 
                subsection (a).
            (2) Nothing in this section shall be construed to allow a 
        government entity to enforce subsection (a) based upon the 
        viewpoint of users expressed by or through any speech, 
        expression, or information protected by the First Amendment to 
        the Constitution of the United States.

SEC. 103. SAFEGUARDS FOR MINORS.

    (a) Safeguards for Minors.--
            (1) Safeguards.--A covered platform shall provide a user or 
        visitor 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 users or visitors to 
                communicate with the minor;
                    (B) prevent other users or visitors, 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 by default design features that encourage 
                or increase the frequency, time spent, or activity of 
                minors on the covered platform, such as infinite 
                scrolling, auto playing, rewards for time spent on the 
                platform, notifications, and other design 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--
                            (i) a prominently displayed option to opt 
                        out of such personalized recommendation 
                        systems, while still allowing the display of 
                        content based on a chronological format; and
                            (ii) a prominently displayed option to 
                        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) Option.--A covered platform shall provide a user that 
        the covered platform knows is a minor with a readily accessible 
        and easy-to-use option to 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 or visitor 
        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 or visitor, unless otherwise enabled 
        by the parent of the minor.
    (b) Parental Tools.--
            (1) Tools.--A covered platform shall provide readily 
        accessible and easy-to-use parental tools for parents to 
        support a user that the platform knows is a minor with respect 
        to the use of the platform by that user.
            (2) Requirements.--The parental tools provided by a covered 
        platform under paragraph (1) 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 covered 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 a user when the 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 required under paragraph (1) shall be enabled by default.
            (5) Application to existing accounts.--If, prior to the 
        effective date of this subsection, a covered platform provided 
        a parent of a user that the platform knows is a child with 
        notice and the ability to enable the parental tools described 
        under this subsection in a manner that would otherwise comply 
        with this subsection, and the parent opted out of enabling such 
        tools, the covered platform is not required to enable such 
        tools with respect to such user by default when this subsection 
        takes effect.
    (c) Reporting Mechanism.--
            (1) Reporting tools.--A covered platform shall provide--
                    (A) a readily accessible and easy-to-use means for 
                users and visitors to submit reports to the covered 
                platform of harms to a minor on the covered platform;
                    (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, within the applicable time period described in 
                paragraph (2), a substantive response to the individual 
                that submitted the 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, cannabis products, 
tobacco products, gambling, or alcohol to an individual that the 
covered platform knows is a minor.
    (e) Rules of Application.--
            (1) Accessibility.--With respect to safeguards and parental 
        tools 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 tools;
                    (B) readily accessible and easy-to-use controls to 
                enable or disable safeguards or parental tools, 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, embed, modify, or manipulate a 
        user interface of a covered platform with the purpose or 
        substantial effect of obscuring, subverting or impairing user 
        autonomy, decision-making, or choice with respect to safeguards 
        or parental tools required under this section.
            (3) Timing considerations.--
                    (A) No interruption to gameplay.--Subsections 
                (a)(1)(C) and (b)(3) shall not require an online video 
                game to interrupt the natural sequence of gameplay, 
                such as progressing through game levels or finishing a 
                competition.
                    (B) Application of changes to offline devices or 
                accounts.--If a user's device or user account does not 
                have access to the internet at the time of a change to 
                parental tools, a covered platform shall apply changes 
                the next time the device or user is connected to the 
                internet.
    (f) Device or Console Controls.--
            (1) In general.--Nothing in this section shall be construed 
        to prohibit a covered platform from integrating its products or 
        service with, or duplicate controls or tools provided by, 
        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 parental 
        tools, provided that--
                    (A) the controls or tools meet such requirements; 
                and
                    (B) the minor or parent is provided sufficient 
                notice of the integration and use of the parental 
                tools.
            (2) Preservation of protections.--In the event of a 
        conflict between the controls or tools of a third-party system, 
        including operating systems or gaming consoles, and a covered 
        platform, the covered platform is not required to override the 
        controls or tools of a third-party system if it would undermine 
        the protections for minors from the safeguards or parental 
        tools imposed under subsections (a) and (b).
    (g) Exception.--A covered platform shall provide the safeguards and 
parental tools described in subsections (a) and (b) to an educational 
agency or institution (as defined in section 444 of the General 
Education Provisions Act (20 U.S.C. 1232g(a)(3))), rather than to the 
user or visitor, when the covered platform is acting on behalf of the 
educational agency or institution subject to a written contract that 
complies with the requirements of the Children's Online Privacy 
Protection Act (15 U.S.C. 6501 et seq.) and the Family Educational 
Rights and Privacy Act of 1974 (20 U.S.C. 1232g).
    (h) Rules of Construction.--Nothing in this section shall be 
construed to--
            (1) prevent a covered platform from taking reasonable 
        measures to--
                    (A) block, detect, or prevent the distribution of 
                unlawful, obscene, or other harmful material to minors 
                as described in section 102(a); or
                    (B) block or filter spam, prevent criminal 
                activity, or protect the security of a platform or 
                service;
            (2) require the disclosure of the browsing behavior, search 
        history, messages, contact list, or other content or metadata 
        of the communications of a minor;
            (3) prevent a covered platform from using a personalized 
        recommendation system to display content to a minor if the 
        system only uses information on--
                    (A) the language spoken by the minor;
                    (B) the city the minor is located in; or
                    (C) the minor's age;
            (4) prevent an online video game from disclosing a username 
        or other user identification for the purpose of competitive 
        gameplay or to allow for the reporting of users;
            (5) prevent a covered platform from contracting or entering 
        into an agreement with a third-party entity, whose primary or 
        exclusive function is to provide the safeguards or parental 
        tools required under subsections (a) and (b) or to offer 
        similar or stronger protective capabilities for minors, to 
        assist with meeting the requirements imposed under subsections 
        (a) and (b); or
            (6) prevent a parent or user from authorizing a third-party 
        entity described in subparagraph (5) to implement such 
        safeguards or parental tools or provide similar or stronger 
        protective capabilities for minors, at the choice of the parent 
        or user.

SEC. 104. 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 safeguards for minors;
                    (B) information about how to access the safeguards 
                and parental tools required under section 103; and
                    (C) notice about how to access the information on 
                personalized recommendation systems required under 
                subsection (b).
            (2) Notification.--
                    (A) Notice and acknowledgment.--In the case of an 
                individual that a covered platform knows is a child, 
                the platform shall provide information about the 
                parental tools and safeguards required under section 
                103 to a parent of the child and obtain verifiable 
                consent (as defined in section 1302 of the Children's 
                Online Privacy Protection Act of 1998 (15 U.S.C. 
                6501)).
                    (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 of 1998 (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 consent as required.
            (3) Consolidated notices.--For purposes of this title, a 
        covered platform may consolidate the process for providing 
        information under this subsection and obtaining verifiable 
        consent or the consent of the minor involved (as applicable) as 
        required under this subsection with the obligations of the 
        covered platform to provide relevant notice and obtain 
        verifiable consent under the Children's Online Privacy 
        Protection Act of 1998 (15 U.S.C. 6501 et seq.).
            (4) Guidance.--The Federal Trade Commission may issue 
        guidance to assist covered platforms in complying with the 
        specific notice requirements of this subsection.
    (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 each personalized recommendation 
        system is used by the covered platform to provide information 
        to 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 shall 
        provide clear, conspicuous, and easy-to-understand labels and 
        information, which can be provided through a link to another 
        web page or disclosure, to minors on advertisements regarding--
                    (A) the name of the product, service, or brand and 
                the subject matter of an advertisement; and
                    (B) 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, which may 
include a link to a web page, regarding--
            (1) the policies and practices of the covered platform with 
        respect to safeguards for minors; and
            (2) how to access the safeguards and parental tools 
        required under section 103.
    (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.

SEC. 105. TRANSPARENCY.

    (a) In General.--Subject to subsection (b), not less frequently 
than once a year, a covered platform shall issue a public report that 
addresses the matters in subsection (c) based on an independent, third-
party audit of the covered platform with a reasonable level of 
assurance.
    (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 being used by minors;
                    (C) an accounting, based on the data held by the 
                covered platform, of--
                            (i) the number of users using the covered 
                        platform that the platform knows to be minors 
                        in the United States;
                            (ii) the median and mean amounts of time 
                        spent on the platform by users known to be 
                        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 users that the platform knows to be minors 
                        in the United States that is in English, and 
                        the top 5 non-English languages used by users 
                        accessing the platform in the United States;
                    (D) an accounting of total reports received through 
                the reporting mechanism described in section 103, 
                disaggregated by language, including English and the 
                top 5 non-English languages used by users accessing the 
                platform from the United States (as identified under 
                subparagraph (C)(iii)); and
                    (E) an assessment of the safeguards and parental 
                tools under section 103, representations regarding the 
                use of the personal data of minors, and other matters 
                regarding compliance with this title.
            (2) Evaluation.--The public reports required under this 
        section shall include--
                    (A) an assessment based on aggregate data on the 
                exercise of safeguards and parental tools described in 
                section 103, and other competent and reliable empirical 
                evidence;
                    (B) a description of whether and how the covered 
                platform uses design features that increase, sustain, 
                or extend the use of a product or service by a minor;
                    (C) a description of whether, how, and for what 
                purpose the platform collects or processes categories 
                of personal data, including how personal data is used 
                to operate personalized recommendation systems related 
                to minors;
                    (D) an evaluation of the efficacy of safeguards for 
                minors and parental tools under section 103, and any 
                issues in delivering such safeguards and parental 
                tools; and
                    (E) an assessment of differences, with respect to 
                the matters described in subparagraphs (A) through (D), 
                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 users 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 the prevention and mitigation 
                measures a covered platform may take, if any, in 
                response to the assessments conducted under paragraph 
                (2), including steps take to provide the most 
                protective level of control over safety by default;
                    (C) a description of the processes used for the 
                creation and implementation of any design feature that 
                will be used by minors;
                    (D) a description and assessment of handling 
                reports under the requirement of section 103(c), 
                including the rate of response, timeliness, and 
                substantiveness of responses; and
                    (E) the status of implementing prevention and 
                mitigation measures identified in prior assessments.
    (d) Reasonable Inspection.--In conducting an inspection of the 
reasonably foreseeable risk 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 
        103(c) and information provided by law enforcement;
            (4) take account of research, including research regarding 
        design features, marketing, or product integrity, industry best 
        practices, or outside research;
            (5) take into consideration indicia or inferences of age of 
        users, in addition to any self-declared information about the 
        age of users; 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 not reasonably linkable to any 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.

SEC. 106. MARKET RESEARCH.

    (a) Prohibition of Research on Children.--A covered platform shall 
not, in the case of a user or visitor that the covered platform knows 
is a child, conduct market or product-focused research on such child.
    (b) Market Research on Minors.--A covered platform may not, in the 
case of a user or visitor that the online platform knows is a minor, 
conduct market or product-focused research on such minor, unless the 
covered platform obtains verifiable parental consent (as defined in 
section 1302 of the Children's Online Privacy Protection Act of 1998 
(15 U.S.C. 6501)) prior to conducting such research on such minor.

SEC. 107. AGE VERIFICATION STUDY AND REPORT.

    (a) Study.--The Secretary of Commerce, in coordination with the 
Federal Communications Commission and the Federal Trade Commission, 
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.

SEC. 108. GUIDANCE.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Federal Trade Commission 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 design features that encourage or 
                increase the frequency, time spent, or activity of 
                minors on the covered platform;
                    (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 set forth in this title; and
                    (F) providing additional parental tool options that 
                allow parents to address the harms described in section 
                102(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 tools;
                    (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 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 how the Commission would 
determine whether a covered platform ``had knowledge fairly implied on 
the basis of objective circumstances'' for purposes of this title.
    (c) Limitation on Federal Trade Commission Guidance.--
            (1) Effect of guidance.--No guidance issued by the Federal 
        Trade Commission with respect to this title shall--
                    (A) confer any rights on any person, State, or 
                locality; or
                    (B) operate to bind the Federal Trade Commission or 
                any court, person, State, or locality to the approach 
                recommended in such guidance.
            (2) Use in enforcement actions.--In any enforcement action 
        brought pursuant to this title, the Federal Trade Commission or 
        a State attorney general, as applicable--
                    (A) shall allege a violation of a provision of this 
                title; 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 title, 
                unless the practices are alleged to violate a provision 
                of this title.
        For purposes of enforcing this title, State attorneys general 
        shall take into account any guidance issued by the Commission 
        under subsection (b).

SEC. 109. ENFORCEMENT.

    (a) Enforcement by Federal Trade Commission.--
            (1) Unfair and deceptive acts or practices.--A violation of 
        this title 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 title 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 title.
                    (B) Privileges and immunities.--Any person that 
                violates this title 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 title 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 
                a covered platform has violated or is violating section 
                103, 104, or 105, 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 any practice that violates 
                        section 103, 104, or 105;
                            (ii) enforce compliance with section 103, 
                        104, or 105;
                            (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 remove the action to the appropriate 
                        United States district court;
                            (ii) to be heard with respect to any matter 
                        that arises in that action; and
                            (iii) to file a petition for appeal.
            (3) Construction.--For purposes of bringing any civil 
        action under paragraph (1), nothing in this title 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 title, 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.
            (6) Limitation.--A violation of section 102 shall not form 
        the basis of liability in any action brought by the attorney 
        general of a State under a State law.

SEC. 110. KIDS ONLINE SAFETY COUNCIL.

    (a) Establishment.--There is established a Kids Online Safety 
Council (in this section referred to as the ``Council'').
    (b) Duties.--The duties of the Council shall be to provide reports 
to Congress with recommendations and advice on matters related to the 
safety of minors online. The matters to be addressed by the 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 title, including methods, criteria, and 
        scope to promote overall accountability.
    (c) Number and Appointment of Members.--The Council shall be 
comprised of 11 members, of whom--
            (1) 3 members shall be appointed by the President, 
        including--
                    (A) the Secretary of Commerce or a designee of the 
                Secretary; and
                    (B) the Secretary of Health and Human Services or a 
                designee of the Secretary;
            (2) 2 members shall be appointed by the Speaker of the 
        House of Representatives;
            (3) 2 members shall be appointed by the Minority Leader of 
        the House of Representatives;
            (4) 2 members shall be appointed by the Majority Leader of 
        the Senate; and
            (5) 2 members shall be appointed by the Minority Leader of 
        the Senate.
    (d) Timing of Appointments.--Each of the appointments under 
subsection (c) shall be made not later than 180 days after the date of 
the enactment of this Act.
    (e) Terms; Vacancies.--Each member of the Council shall be 
appointed for the life of the Council, and a vacancy in the Council 
shall be filled in the manner in which the original appointment was 
made.
    (f) Chairperson; Vice Chairperson.--The Council, once it has been 
fully appointed, shall select its own Chair and Vice Chair.
    (g) Participation.--The Council shall consist of 1 member from each 
of the following:
            (1) academic experts with specific expertise in the 
        prevention of online harms to minors;
            (2) researchers with specific expertise in social media 
        studies;
            (3) parents with demonstrated experience in child online 
        safety;
            (4) youth representatives with demonstrated experience in 
        child online safety;
            (5) educators with demonstrated experience in child online 
        safety;
            (6) representatives of online platforms;
            (7) representatives of online video games;
            (8) State attorneys general or their designees acting in 
        State or local government; and
            (9) representatives of communities of socially 
        disadvantaged individuals (as defined in section 8 of the Small 
        Business Act (15 U.S.C. 637)).
    (h) Reports.--
            (1) Interim report.--Not later than 1 year after the date 
        of the initial meeting of the Council, the Council shall submit 
        to Congress an interim report that includes a detailed summary 
        of the work of the Council and any preliminary findings of the 
        Council.
            (2) Final report.--Not later than 3 years after the date of 
        the initial meeting of the Council, the Council shall submit to 
        Congress a final report that includes--
                    (A) a detailed statement of the findings and 
                conclusions of the Council;
                    (B) dissenting opinions of any member of the 
                Council who does not support the findings and 
                conclusions referred to in subparagraph (A); and
                    (C) any recommendations for legislative and 
                administrative actions to address online safety for 
                children and prevent harms to minors.
    (i) Termination.--The Council shall terminate not later than 30 
days after the submission of the final report required under subsection 
(h)(2).
    (j) Non-Applicability of FACA.--The Kids Online Safety Council 
shall not be subject to chapter 10 of title 5, United States Code 
(commonly referred to as the ``Federal Advisory Committee Act'').

SEC. 111. EFFECTIVE DATE.

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

SEC. 112. RULES OF CONSTRUCTION AND OTHER MATTERS.

    (a) Relationship to Other Laws.--Nothing in this title 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;
            (3) authorize any action that would conflict with section 
        18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)); 
        or
            (4) expand, limit the scope, or alter the meaning of 
        section 230 of the Communications Act of 1934 (commonly known 
        as ``section 230 of the Communications Decency Act of 1996'') 
        (47 U.S.C. 230).
    (b) Determination of ``Fairly Implied on the Basis of Objective 
Circumstances''.--For purposes of enforcing this title, in making a 
determination as to whether covered platform has knowledge fairly 
implied on the basis of objective circumstances that a specific user is 
a minor, the Federal Trade Commission or a State attorney general shall 
rely on competent and reliable evidence, taking into account the 
totality of the circumstances, including whether a reasonable and 
prudent person under the circumstances would have known that the user 
is a minor.
    (c) Protections for Privacy.--Nothing in this title, including a 
determination described in subsection (b), 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 title 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 lawful civil, criminal, or regulatory 
        inquiry, subpoena, or summons by Federal, State, local, or 
        other government authorities;
            (3) investigate, establish, exercise, respond to, or defend 
        against legal claims;
            (4) prevent, detect, protect against, or respond to any 
        security incident, identity theft, fraud, harassment, malicious 
        or deceptive activity, or any illegal activities; or
            (5) investigate or report those responsible for any action 
        described in paragraph (4).
    (e) Application to Video Streaming Services.--A video streaming 
service shall be deemed to be in compliance with this title 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; and
            (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) for a parent to manage a minor's privacy and 
                account settings, and restrict purchases and financial 
                transactions by a minor, where applicable;
                    (D) to provide an electronic point of contact 
                specific to matters described in this paragraph;
                    (E) to offer a clear, conspicuous, and easy-to-
                understand notice of its policies and practices with 
                respect to the capabilities described in this 
                paragraph; and
                    (F) when providing on-demand content, to employ 
                measures that safeguard against serving advertising for 
                narcotic drugs, cannabis products, tobacco products, 
                gambling, or alcohol directly to the account or profile 
                of an individual that the service knows is a minor.

                  TITLE II--FILTER BUBBLE TRANSPARENCY

SEC. 201. DEFINITIONS.

    In this title:
            (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 
        an online 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) 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 an online platform, 
                unless the user-specific data is expressly provided to 
                the platform by the user for such purpose.
                    (B) Data expressly provided to the 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 an online platform--
                            (i) includes 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, the resumption of a previous 
                        search, and the current precise geolocation 
                        information that is supplied by the user;
                            (ii) includes the user's current 
                        approximate geolocation information;
                            (iii) includes data submitted 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) does not include the history of the 
                        connected device of the user, including the 
                        history of web searches and browsing, previous 
                        geographical locations, physical activity, 
                        device interaction, and financial transactions 
                        of the user; and
                            (v) does not include inferences about the 
                        user or the connected device of the user, 
                        without regard to whether such inferences are 
                        based on data described in clause (i) or (iii).
            (6) Online platform.--
                    (A) In general.--Subject to subparagraph (B), 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.
                    (B) Scope.--
                            (i) Incidental chat functions.--A website, 
                        online service, online application, or mobile 
                        application is not an online platform solely on 
                        the basis that it includes a chat, comment, or 
                        other interactive function that is incidental 
                        to its predominant purpose.
                            (ii) Review sites.--A website, online 
                        service, online application, or mobile 
                        application that has the predominant purpose of 
                        providing travel reviews is not an online 
                        platform.
            (7) Opaque algorithm.--The term ``opaque algorithm''--
                    (A) means an algorithmic ranking system that 
                determines the selection, order, relative 
                prioritization, or relative prominence of information 
                that is furnished to such user on an online platform 
                based, in whole or part, on user-specific data that was 
                not expressly provided by the user to the platform for 
                such purpose; and
                    (B) does not include an algorithmic ranking system 
                used by an online 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 the access of a user 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 the location of an individual to within a range of 5 
        miles or less.
            (9) 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.

SEC. 202. REQUIREMENT TO ALLOW USERS TO SEE UNMANIPULATED CONTENT ON 
              INTERNET PLATFORMS.

    (a) In General.--Beginning on the date that is 1 year after the 
date of enactment of this Act, it shall be unlawful for any person to 
operate an online platform that uses an opaque algorithm unless the 
person complies with the requirements of subsection (b).
    (b) Opaque Algorithm Requirements.--
            (1) In general.--The requirements of this subsection with 
        respect to a person that operates an online platform that uses 
        an opaque algorithm are the following:
                    (A) The person provides users of the platform with 
                the following notices:
                            (i) Notice 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 and 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.
                            (ii) Notice, to be included in the terms 
                        and conditions of the online platform, in a 
                        clear, accessible, and easily comprehensible 
                        manner that is to be updated whenever the 
                        online platform makes a material change, of--
                                    (I) the most salient features, 
                                inputs, and parameters used by the 
                                algorithm;
                                    (II) 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;
                                    (III) any options that the online 
                                platform makes available for a user of 
                                the platform to opt out or exercise 
                                options under subparagraph (B), modify 
                                the profile of the user or to influence 
                                the features, inputs, or parameters 
                                used by the algorithm; and
                                    (IV) 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.
                    (B) The online platform enables users to easily 
                switch between the opaque algorithm and an input-
                transparent algorithm in their use of the platform.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to require an online platform to disclose any 
        information, including data or algorithms--
                    (A) relating to a trade secret or other protected 
                intellectual property;
                    (B) that is confidential business information; or
                    (C) that is privileged.
            (3) Prohibition on differential pricing.--An online 
        platform shall not deny, charge different prices or rates for, 
        or condition the provision of a service or product to a user 
        based on the user's election to use an input-transparent 
        algorithm in their use of the platform, as provided under 
        paragraph (1)(B).
            (4) Special rule.--Notwithstanding paragraphs (1) and (2), 
        an online platform shall provide the notice and opt-out 
        described in paragraphs (1) and (2) to the educational agency 
        or institution (as defined in section 444(a)(3) of the General 
        Education Provisions Act (20 U.S.C. 1232g(a)(3)), rather than 
        to the user, when the online platform is acting on behalf of an 
        educational agency or institution (as so defined), subject to a 
        written contract that complies with the requirements of the 
        Children's Online Privacy Protection Act of 1998 (15 U.S.C. 
        1232g(a)(3)) and 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'').
    (c) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this section by an operator of an online 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.--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.--Any person who 
                violates this section 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) Authority preserved.--Nothing in this section 
                shall be construed to limit the authority of the 
                Commission under any other provision of law.
    (d) Rule of Construction To Preserve Personalized Blocks.--Nothing 
in this section shall be construed to limit or prohibit an online 
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.

          TITLE III--RELATIONSHIP TO STATE LAWS; SEVERABILITY

SEC. 301. RELATIONSHIP TO STATE LAWS.

    The provisions of this Act shall preempt any State law, rule, or 
regulation only to the extent that such State law, rule, or regulation 
conflicts with a provision of this Act. Nothing in this Act shall be 
construed to prohibit a State from enacting a law, rule, or regulation 
that provides greater protection to minors than the protection provided 
by the provisions of this Act.

SEC. 302. 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.
                                 <all>