H.R. 7757 — what changed
Kids Internet and Digital Safety Act
From Introduced in House to Engrossed in House. 34 sections amended, 10 added, and 12 removed between Introduced in House and Engrossed in House.
Sec. 2 Definitions
In this Act:
Agency— The term agency has the meaning given that term in section 551 of title 5, United States Code.
added
Algorithm— The term algorithm means any computational process, model, or other automated means of processing to rank, order, promote, recommend, amplify, or similarly alter the delivery or display of information (including any text, image, audio, or video post and any page, group, account, channel, or affiliation).
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was (4)
Artificial intelligence— The term artificial intelligence has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
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was (5)
Chatbot— The term chatbot means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.
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was (6)
Commission— The term Commission means the Federal Trade Commission.
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was (7)
Design feature— The term design feature—
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was (7)(3)
means any feature or component of a covered platform that encourages an increase in or increases the frequency of use or time spent by a user who is a minor with respect to such covered platform; and
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was (7)(4)
includes—
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was (7)(4)(2)
infinite scrolling or auto play;
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was (7)(4)(3)
rewards or incentives based on frequency of use or time spent;
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was (7)(4)(4)
notifications and push alerts;
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was (7)(4)(5)
badges or other visual award symbols based on frequency of use or time spent;
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was (7)(4)(6)
appearance altering filters; and
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was (7)(4)(7)
personalized recommendation systems.
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Fully automated system— The term fully automated system means an operation or set of operations performed on data with minimal or no direction, instruction, prompting, oversight, involvement, or intervention by an individual.
changed
Know; knows—Fully automated system— The term know or knows fully automated system means an algorithm the final outputs of which are, once computed, displayed directly to have actual knowledge a covered user without review or to have acted in willful disregard.alteration by a covered online platform.
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Minor— The Except as otherwise provided, the term minor means an individual under the age of 17 years.
Narcotic drug— The term narcotic drug has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
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Parent— The term parent, with respect to a minor, means an adult with the legal right to make decisions on behalf of the minor, including—including any of the following:
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a A natural parent;parent.
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an An adoptive parent;parent.
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a A legal guardian; andguardian.
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an An individual with legal custody over the minor.
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Personal information— The term personal information has the meaning given that term in section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501).6501) (as amended by section 602(a)(4) of this Act).
Personalized recommendation system— The term personalized recommendation system—
means a fully automated system used to suggest, promote, or rank content, including other users, hashtags, and posts, based on the personal information of a user; and
does not include a fully automated system that suggests, promotes, or ranks content based solely on the language, city or town, or age of a user.
changed
Sexual material harmful to minors—exploitation and abuse— The term sexual material harmful to minors exploitation and abuse means a picture, image, graphic image file, film, videotape, or other visual depiction that—any of the following:
added
Any offense, including coercion and enticement, described in section 2422 of title 18, United States Code.
removed
removed
taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion;
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depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and
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taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors; or
changed
is child pornography.Child pornography (as defined in section 2256 of title 18, United States Code).
added
Trafficking for the production of images (as described in section 2251 of title 18, United States Code).
added
Any offense described in section 1591 of title 18, United States Code.
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.
changed
Verifiable parental consent— The term verifiable parental consent has the meaning given that term in section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501).6501) (as amended by section 602(a)(5) of this Act).
Sec. 102 Definitions
In this title:
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Child pornography; minor— The terms child pornography and minor have the meanings given those terms in section 2256 of title 18, United States Code.
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was (4)
Covered platform— The term covered platform means a website or other online platform—
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was (4)(3)
that is accessible by the public;
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was (4)(4)
with respect to which more than one-third of the material made available thereon is sexual material harmful to minors; and
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was (4)(5)
with respect to which the provider of such platform knowingly makes available the sexual material harmful to minors described in subparagraph (B).
added
Minor— The terms minor has the meaning given that term in section 2256 of title 18, United States Code.
Sexual act; sexual contact— The terms sexual act and sexual contact have the meanings given those terms in section 2246 of title 18, United States Code.
added
Sexual material harmful to minors— The term sexual material harmful to minors means a picture, image, graphic image file, film, videotape, or other visual depiction that—
added
added
taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion;
added
depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and
added
taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors; or
added
is child pornography.
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was (6)
Technology verification measure— The term technology verification measure means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor.
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was (7)
Technology verification measure data— The term technology verification measure data means data that—
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was (7)(3)
is collected or processed for the purpose of fulfilling a request by an individual to access a covered platform or material on a covered platform; and
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was (7)(4)
is collected or processed for the purpose of utilizing or providing a technology verification measure pursuant to this title.
Sec. 103 Technology verification measures
Covered platform requirements— Beginning on the date that is 1 year after the date of the enactment of this Act, a provider of a covered platform shall—
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adopt and utilize commercially available technology verification measures, reasonably designed to ensure accuracy, measures with respect to the covered platform of such provider to identify minors; and
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prevent such minors from accessing any sexual material harmful to minors on the covered platform.
Additional requirements for compliance— In order to comply with subsection (a), a provider of a covered platform (or a third party contracted by a provider of a covered platform with respect to such covered platform) shall, with respect to a covered platform of the provider, carry out the following:
Use a technology verification measure in order to verify the age of a user.
Provide that a user confirming that the user is not a minor is not sufficient to verify age.
Provide clear and conspicuous notice containing information on the technology verification measures and other policies and procedures related to the technology verification measure data used to comply with this title.
Take reasonable measures to address circumvention of technology verification measures.
Not transfer, disclose, or retain any technology verification measure data beyond what is strictly necessary to use a technology verification measure pursuant to this title.
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Not collect or use technology verification measure data for any purpose beyond what is strictly necessary to utilize a technology verification measure pursuant to this title.
Use of third parties—
In general— A provider of a covered platform may contract with a third party to use technology verification measures for purposes of complying with subsection (a).
Obligations; liability— A provider of a covered platform who contracts with a third party as described in paragraph (1) is not relieved from any obligation or liability under this title.
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Technology Choice of verification measure data security—measures— A provider of a covered platform (or a third party contracted by a provider of a covered platform with respect to such covered platform) shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect may choose the confidentiality, integrity, and availability of specific technology verification measure data collected with respect measures to the covered platform utilize for purposes of such provider (including by a third party contracted by such covered provider complying with respect to subsection (a), if such covered platform).measures satisfy subsection (b).
added
Technology verification measure data security— A provider of a covered platform (or a third party contracted by a provider of a covered platform with respect to such covered platform) shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and availability of technology verification measure data collected with respect to the covered platform of such provider (including by a third party contracted by such covered provider with respect to such covered platform) and protect such technology verification measure data against unauthorized access.
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was (6)
Rule of construction— Nothing in this section may be construed to require the submission of government-issued identification of any individual to a covered platform or a third party contracted by a provider of a covered platform to use a technology verification measure.
Sec. 105 GAO report
Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes the following:
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An analysis of the effectiveness of the technology verification measures required under by section 103.
An analysis of the rate of compliance with such section by providers of covered platforms and third parties contracted by such providers with respect to such covered platforms.
An analysis of the data privacy and security measures used by covered platforms with respect to age verification processes.
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An analysis of the expression, speech, behavioral, economic, psychological, and societal effects of requiring the technology verification measures under required by section 103.
Recommendations, if any, to the Commission on improving the enforcement of this title.
Sec. 106 Relationship to State laws
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In general— No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision requires a provider of a covered platform to use technology verification measures to prevent minors from accessing any sexual material harmful to minors on a covered platform of such provider.
removed
Rule of construction— Nothing in subsection (a) may be construed to preempt the applicability of any of the following:
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Any law of a State with respect to trespass, contract, tort, or product liability.
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Any statutory law that creates a remedy or penalty for criminal conduct.
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Any law of general applicability of a State with respect to consumer protection.
Sec. 201 Definitions
changed
In this title, the term covered platform means a platform that is a website, software, application, or electronic service connected to the internet that meets the following requirements:title:
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Covered platform— The term covered platform means a platform that is a website, software, application, or electronic service connected to the internet that meets the following requirements:
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was (3)
Is publicly available for use by consumers.
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was (4)
Enables the creation of a username or user identifier—
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was (4)(2)
that is searchable on the platform by other users through a function made available by the platform; and
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was (4)(3)
that can be followed by or is similarly accessible to other users of the platform.
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was (5)
As the primary purpose of the platform, facilitates the sharing and access to user-generated content through text, images, video, audio, or any other interactive medium.
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was (6)
Uses a design feature to promote user engagement on the platform.
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was (7)
Uses the personal information of the user to advertise, market, or make content recommendations.
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User— The term user, with respect to a covered platform, means an individual who registers an account or creates a profile on the covered platform.
Sec. 212 Definitions
In this subtitle:
Child— The term child means an individual who is under the age of 13.
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Compulsive usage— The term compulsive usage means a persistent and repetitive use of a covered platform that substantially limits one 1 or more major life activities of an individual (as described in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
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Direct messaging feature—
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In general— The term direct messaging feature means a function of a covered platform that enables a user to send a message, image, video, audio, or other communication directly to another user or a specific group of users of the covered platform.
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Exclusion— The term direct messaging feature does not include a function of a covered platform that enables a user to post content on the covered platform to—
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a public or semi-public profile; or
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a feed accessible to a broader group of users.
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Ephemeral messaging feature—
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In general— The term ephemeral messaging feature means a function of a covered platform that permanently deletes or renders inaccessible a message, image, video, audio, or other communication sent between users of the covered platform (such that neither the sender nor any recipient of such communication, nor the covered platform, may readily retrieve or review the communication in the original form through the covered platform)—
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after a predetermined period;
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once viewed by such a recipient; or
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upon exiting the specific chat or messaging interface.
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Exceptions— The term ephemeral messaging feature does not include—
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a function of a covered platform that allows a user of the covered platform to manually delete a message, image, video, audio, or other communication sent by such user after the transmission of the communication;
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standard data volatility in transit or temporary caching for necessary functional and performance reasons;
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the implementation of a time limited data retention schedule based on industry best practices as part of the explicit security policies of a covered platform or as needed to comply with applicable law or regulation; or
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a standard process by which a user may request deletion of an account on a covered platform to include user content.
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was (5)
Geolocation information— The term geolocation information means information sufficient to identify a street name and name of a city or town.
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Processor— The term processor means a person who—
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processes personal information on behalf of a covered platform; and
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does not determine the purpose and means of processing such personal information
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Sexual exploitation and abuse— The term sexual exploitation and abuse means any of the following:
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Any offense, including coercion and enticement, described in section 2422 of title 18, United States Code.
removed
Child pornography (as defined in section 2256 of title 18, United States Code).
removed
Trafficking for the production of images (as described in section 2251 of title 18, United States Code).
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Any offense described in section 1591 of title 18, United States Code.
changed
User—Know; knows— The term user, with respect to a covered platform, know or knows means an individual who registers an account to know or creates a profile on the covered platform.should have known.
added
Messaging controls— The term messaging controls means a set of tools or settings that a provider of a covered platform provides to a user of the covered platform that allows the user to manage the use of a direct messaging feature or an ephemeral messaging feature by such user.
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Teen— The term teen means an individual who has attained the age of 13 years and is under the age of 17 years.
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Unapproved contact— The term unapproved contact means a user of a covered platform with respect to whom another user of the covered platform has not initiated a direct message conversation.
Sec. 213 Addressing harms to minors
In general— A provider of a covered platform shall establish, implement, maintain, and enforce reasonable policies, practices, and procedures that address the following harms to minors:
Threats of physical violence so severe, pervasive, or objectively offensive that such threats impact a major life activity of a minor.
Sexual exploitation and abuse.
Distribution, sale, or use of narcotic drugs, tobacco products, cannabis products, gambling, or alcohol.
Any financial harm caused by deceptive practices.
changed
Considerations— The policies, practices, and procedures required by subsection (a) shall be appropriate to each the size and complexity of the following:covered platform.
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The size and complexity of the covered platform.
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The technical feasibility of addressing the harms described in subsection (a).
Rules of construction— Nothing in subsection (a) may be construed to—
require a provider of a covered platform to prevent or preclude any minor from—
deliberately and independently searching for, or specifically requesting, content; or
accessing resources and information regarding the prevention or mitigation of the harms described in subsection (a); or
impose a duty of care on a provider of a covered platform.
Sec. 214 Safeguards for minors, parental tools, and teen messaging controls
Safeguards for minors—
Safeguards— A provider of a covered platform shall provide a user of or visitor to the covered platform who the provider knows is a minor with readily accessible and easy-to-use safeguards to do each of the following, as applicable:
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Limit the ability of other users or visitors to communicate with such user or visitor.visitor, including through direct messages or ephemeral messages.
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Prevent the profile or personal information of such user or visitor from being recommended or suggested to another user or visitor who the provider knows is not a minor.
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Limit design features that result in compulsive usage of Prevent other users or visitors from seeing the covered platform by such user current online or visitor.offline status of such user.
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Limit design features that encourage compulsive usage of the covered platform by such user or visitor.
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was (2)(2)(6)
Restrict the sharing of geolocation information of such user or visitor to a third party that is not a processor and provide notice to such user or visitor and the parent of such user or visitor that geolocation information is collected.
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was (2)(2)(7)
Control any personalized recommendation system on such covered platform, including with respect to the ability for such user or visitor to have—
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was (2)(2)(7)(2)
a prominently displayed option to opt out of any such personalized recommendation system, and
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was (2)(2)(7)(3)
a prominently displayed option to limit types or categories of recommendations from any such personalized recommendation system.
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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 such user on the covered platform.
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was (2)(3)
Default safeguard settings for minors— A provider of a covered platform shall ensure that, in the case of a user of or visitor to the covered platform who the provider knows is a minor, the default setting of any safeguard described in paragraph (1) is the option available on the covered platform that provides the most protective level of control with respect to privacy and safety for such user or visitor.
Parental tools—
Tools— A provider of a covered platform shall provide readily accessible and easy-to-use parental tools that meet the requirements described in paragraph (2) for a parent of a user of the covered platform who the provider knows is a minor.
Requirements— The parental tools described in paragraph (1) shall allow a parent of a user of the covered platform who the provider knows is a minor to do any of the following:
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Manage View the privacy and account settings of such user, including by using any safeguard established under subsection (a)(1), in a manner that allows the parent to—teen messaging controls described in subsection (c)(2).
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In the case of a user that the covered platform knows is a child, manage, change, and control the privacy and account settings of such user.
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view the privacy and account settings; and
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change and control the privacy and account settings.
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was (3)(3)(4)
The ability to restrict purchases and financial transactions by such user, if applicable.
added
The ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by such user, if such time restrictions do not amount to full exclusion of access of such user to the covered platform.
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Receive a notification when such user receives a request from another user who seeks to initiate direct messaging or ephemeral messaging with such user for the first time.
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In the case of a user that the covered platform knows is a child, disable any ephemeral messaging features or direct messaging features.
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Notice to parents of minors— A provider of a covered platform shall provide clear and conspicuous notice to a parent of a user of the covered platform who the provider knows is a minor about the availability of the parental tools described in paragraph (1).
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The ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by such user.
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was (3)(4)
Notice to minors— A provider of a covered platform shall provide clear and conspicuous notice to a user of the covered platform who the provider knows is a minor when any parental tool described in paragraph (1) is in effect and any setting or control that has been applied.
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was (3)(5)
Default tools for children— A provider of a covered platform shall ensure that, in the case of a user of or visitor to the covered platform who the provider knows is a child, the default setting for any parental tool described in paragraph (1) is the option available on the covered platform that provides the most protective level of control with respect to privacy and safety for such user or visitor.
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Application to existing accounts— If, before the effective date of this subtitle, a provider of a covered platform provides a parent of a user of the covered platform who the provider knows is a child with notice and the ability to enable a parental tool described in paragraph (1) in a manner that would otherwise comply with this subsection and the parent opts out of enabling any such parental tool, the covered platform is not required to enable any such parental tool with respect to such user by default on or after such effective date.
removed
Application to existing accounts— If, before the effective date of this subtitle, a provider of a covered platform provides a parent of a user of the covered platform who the provider knows is a child with notice and the ability to enable a parental tool described in paragraph (1) in a manner that would otherwise comply with this subsection and the parent opts out of enabling any such parental tool, the covered platform is not required to enable any such tool with respect to such user by default on or after such effective date.
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Rules of application—Additional messaging controls for teens—
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Accessibility—In general— With respect to any safeguard described in subsection (a)(1) and any parental tool described in subsection (b)(1), a A provider of a covered platform that offers, provides, or enables any direct messaging feature or ephemeral messaging feature of such covered platform to any user of the covered platform who the provider knows is a teen shall provide each of easily accessible and usable messaging controls described in paragraph (2) to such user that the following:user may activate and manage.
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Teen messaging controls— The teen messaging controls described in this paragraph shall allow a user of the covered platform to do any of the following:
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Receive a timely notification that—
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alerts the user about a request from an unapproved contact who seeks to use a direct messaging feature or an ephemeral messaging feature of the covered platform with respect to the user; and
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allows the user to approve or deny the request before the unapproved contact and the user engage in any direct messaging or ephemeral messaging through any such direct messaging feature or ephemeral messaging feature.
added
View and manage a list of any contacts approved for engaging in direct messaging or ephemeral messaging with the user through any direct messaging feature or any ephemeral messaging feature of the covered platform.
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Disable any direct messaging feature or ephemeral messaging feature.
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Prevent any specific user, any specific group of users, or other user in general from initiating or continuing to engage in direct messaging or ephemeral messaging with the user through any direct messaging feature or any ephemeral messaging feature of the covered platform.
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Enable the user to set a profile of the user on the covered platform as hidden.
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Rules of application—
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Accessibility— With respect to any safeguard described in subsection (a)(1), any parental tool described in subsection (b)(1), and any teen messaging control described in subsection (c)(2), a provider of a covered platform shall provide each of the following:
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Information and control options in a clear and conspicuous manner that takes into consideration the differing ages, capacities, and developmental needs of a user of the covered platform who the provider knows is a minor most likely to access the covered platform and does not encourage such a user or a parent of such a user to weaken or disable any such safeguard, parental tool, or teen messaging control.
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Readily accessible and easy-to-use controls to enable or disable any such safeguard, parental tool, or teen messaging control, as appropriate.
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Information and control options in a clear and conspicuous manner that takes into consideration the differing ages, capacities, and developmental needs of a user of the covered platform who the provider knows is a minor most likely to access the covered platform and does not encourage such a user or a parent of such a user to weaken or disable any such safeguard, option, or parental tool.
removed
Readily accessible and easy-to-use controls to enable or disable any such safeguard or parental tool, as appropriate.
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was (4)(2)(5)
Information and control options in the same language, form, and manner as the provider provides the product or service used by such a user or a parent of such a user.
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was (4)(3)
Timing considerations; application of changes to offline devices or accounts— If the device of a user or user account does not have access to the internet at the time of a change to a parental tool described in subsection (b)(1), the provider of the relevant covered platform shall apply changes the next time the device or user is connected to the internet.
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Prohibition— A provider of a covered platform may not knowingly use a user interface with the purpose or substantial effect of obscuring, subverting, or impairing the use by a user of the covered platform who the provider knows is a minor or a parent of such a user of any safeguard described in subsection (a)(1), any parental tool described in subsection (b)(1), or any teen messaging control described in subsection (c)(2).
removed
Prohibition— A provider of a covered platform may not knowingly use a user interface with the purpose or substantial effect of impairing the use by a user of the covered platform who the provider knows is a minor or a parent of such a user of any safeguard described in subsection (a)(1) or any parental tool described in subsection (b)(1).
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was (5)
Rules of construction— Nothing in this section may be construed to do any of the following:
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was (5)(3)
Prevent a provider of a covered platform from taking reasonable measures to block, detect, or prevent the distribution of unlawful, obscene, or other harmful material to minors or any other harms to minors described in section 213(a).
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Prevent a provider of a covered platform from entering into an agreement with a third party with a primary or exclusive function of—
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providing—
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any safeguard described in subsection (a)(1);
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any parental tool described in subsection (b)(1); or
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any teen messaging control described in subsection (c)(2); or
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otherwise assisting with meeting the requirements described in subsections (a), (b), and (c).
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Prevent a parent or user from authorizing a third party described in paragraph (2) to implement—
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any safeguard described in subsection (a)(1);
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any parental tool described in subsection (b)(1); or
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any teen messaging control described in subsection (c)(2).
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Prevent a provider of a covered platform from entering into an agreement with a third party with a primary or exclusive function of providing any safeguard described in subsection (a)(1) or any parental tool described in subsection (b)(1) or otherwise assisting with meeting the requirements described in subsections (a) and (b).
removed
Prevent a parent or user from authorizing a third party described in paragraph (2) to implement any safeguard described in subsection (a)(1) or any parental tool described in subsection (b)(1) .
Sec. 215 Reporting mechanism
Reporting tools— A provider of a covered platform shall provide each of the following:
A readily accessible and easy-to-use means for a user of or visitor to the covered platform to submit a report to the covered platform of any harm to a minor related to the use of the covered platform.
An electronic point of contact specific to matters involving harms to a minor.
Confirmation of the receipt of any such report and, within the applicable time period described in subsection (b), a substantive response to the user or visitor who submitted the report.
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Timing— A covered platform shall establish an internal process to receive and substantively respond to a report submitted under subsection (a)(1) in a reasonable and timely manner, but in no case later than—
10 days after the date on which the report is received; or
if the report involves an imminent threat to the safety of a minor, the date that is as prompt as needed to address the reported threat to safety.
Sec. 216 Disclosure
Notice—
Registration or purchase— Before any registration or purchase on a covered platform by a user of or visitor to the covered platform who the provider knows is a minor, the provider shall provide clear, conspicuous, and easy-to-understand notice with respect to each of the following:
The policies and practices of the covered platform with respect to safeguards for minors.
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Information about how to access any safeguard described in section 214(a)(1) or 214(a)(1), any parental tool described in section 214(b)(1).214(b)(1), and any teen messaging control described in section 214(c)(2).
Notification—
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Notice and acknowledgment— In the case of a user of or visitor to a covered platform who the provider of the covered platform knows is a minor, the provider shall provide information about any safeguard described in section 214(a)(1) or and any parental tool described in section 214(b)(1) to a parent of such user or visitor and obtain verifiable parental consent with respect to any such safeguard or parental tool.visitor.
changed
Reasonable effort— A covered platform shall be deemed to have satisfied the requirement described in subparagraph (A) if the provider of 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 commercially available technology) to provide a parent with the information required by paragraph (1)(B) and to obtain the verifiable parental consent described in subparagraph (A) of this paragraph.(1)(B).
changed
Consolidated notices— For purposes of this section, a provider of a covered platform may consolidate the process for providing information and obtaining verifiable parental consent required by this section with the obligations of the provider to provide relevant notice and obtain verifiable parental consent under the Children’s Online Privacy Protection Act of 1998.
Sec. 219 Audit; report
Audit required— Not later than 18 months after the date of the enactment of this subtitle, and annually thereafter, a provider of a covered platform shall ensure that an independent, third-party auditor conducts an independent, third-party audit of the covered platform.
Audit specifications—
Criteria— In conducting an audit required by subsection (a), an independent, third-party auditor shall do the following:
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Consider widely accepted or evidence-based approaches, best practices, frameworks, and methods related to any safeguard described in section 214(a)(1) or 214(a)(1), any parental tool described in section 214(b)(1).214(b)(1), and any teen messaging control described in section 214(c)(2).
Consider widely accepted or evidence-based approaches, best practices, frameworks, and methods related to identifying, preventing, and mitigating the harms to minors described in section 213(a).
Consult with parents (including parents with relevant experience), public health and mental health nonprofit organizations, health and development organizations, and experts in freedom of expression about methods to identify, prevent, and mitigate such harms.
Contents— An audit required by subsection (a) shall include the following:
An assessment of the extent to which the relevant covered platform is likely to be accessed by minors, including with respect to any difference between children and teens.
An accounting of the following:
The number of users using such covered platform who the provider of such covered platform knows to be minors located in the United States.
The median and mean amounts of time spent on such covered platform by such users during the year in which such audit is conducted.
A description of the policies, practices, and procedures implemented to address the harms to minors described in section 213(a).
The number of times that any safeguard described in section 214(a)(1) has been exercised during the year in which such audit is conducted.
The number of times that any parental tool described in section 214(b)(1) has been exercised during the year in which such audit is conducted.
added
The number of times that any teen messaging control described in section 214(c)(2) has been exercised during the year in which such audit is conducted.
renumbered
was (3)(3)(4)(7)
The number of reports, categorized by types of harms to a minor, received by such covered platform through the reporting mechanism described in section 215(a)(1) during the year in which such audit is conducted.
A description of such safeguards for minors and parental tools that are available to minors and parents on such covered platform.
A description of how such covered platform handles reports received through such reporting mechanism, including the rate of response to such a report and the timeliness and substantiveness of any such response.
A description of whether, how, and for what purpose such covered platform collects or processes categories of personal information of minors.
If the covered platform has a process used to create, implement, or evaluate the impact of a design feature of the covered platform used by minors, a description of such process.
Cooperation by covered platform— A provider of a covered platform shall facilitate an audit of the covered platform required by subsection (a) by doing the following:
Providing or otherwise making available to the independent, third-party auditor that conducts such audit any information or material in the possession, custody, or control of such covered platform relevant to such audit.
Providing or otherwise making available to such auditor access to any network, system, or asset relevant to such audit.
Disclosing any material fact to such auditor and not misrepresenting any material fact.
Report to Commission— Not later than 30 days after the date on which an audit required by subsection (a) is completed, the provider of the relevant covered platform shall submit to the Commission the results of the audit.
Public report— Not later than 45 days after the date on which an audit required by subsection (a) is completed, the provider of the relevant covered platform shall issue a public report that—
changed
includes the information in required by clauses (i), (ii), (iv), (v), and (vi) of subsection (b)(2)(B); and
notwithstanding paragraph (1), may include any other information required by this section.
Sec. 221 Rule of construction on encryption
changed
No State, requirement under this subtitle to restrict any feature for a user of a covered platform or political subdivision to provide messaging controls for a direct messaging feature or ephemeral messaging feature of a State, covered platform may prescribe, maintain, enforce, or continue in effect be construed to override any law, rule, regulation, requirement, standard, or other provision having the force protection for an encrypted communication described in this subtitle and effect a provider of law if a covered platform shall adhere to any such law, rule, regulation, requirement, standard, or other provision conflicts with to the provisions maximum extent technically feasible, through means that do not compromise the integrity of this subtitle.strong encryption offered to any user of the covered platform.
Sec. 231 Short title
changed
This subtitle may be cited as the “Safe Messaging for “Stop Profiling Youth and Kids Act” or the “SMK “SPY Kids Act”.
Sec. 232 Know; knows defined
changed
In this subtitle:The term know or knows means to have actual knowledge or to have acted in willful disregard.
removed
App— The term app means a software application that may be run or directed by a user on a computer, mobile device, or any other general purpose computing device.
removed
App store— The term app store means a publicly available software application that distributes and facilitates the download onto a mobile device of an app from a third-party developer by a user of a computer, mobile device, or any other general purpose computing device.
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Covered user— The term covered user means a user of a covered platform if the provider of such covered platform knows that such user is a minor.
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Direct messaging feature—
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In general— The term direct messaging feature means a function of a covered platform that enables a user to send a message, image, video, audio, or other communication directly to another user or a specific group of users of the covered platform.
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Exclusion— The term direct messaging feature does not include a function of a covered platform that enables a user to post content on the covered platform to—
removed
a public or semi-public profile; or
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a feed accessible to a broader group of users.
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Ephemeral messaging feature—
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In general— The term ephemeral messaging feature means a function of a covered platform that permanently deletes or renders inaccessible a message, image, video, audio, or other communication sent between users of the covered platform (such that neither the sender nor any recipient of such communication may readily retrieve or review the communication in the original form through the covered platform)—
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after a predetermined period;
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once viewed by such a recipient; or
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upon exiting the specific chat or messaging interface.
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Exceptions— The term ephemeral messaging feature does not include—
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a function of a covered platform that allows a user of the covered platform to manually delete a message, image, video, audio, or other communication sent by such user after the transmission of the communication (if such deletion does not automatically occur for each recipient of the communication or by the default design of such function); or
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standard data volatility in transit or temporary caching not designed to make such a communication permanently inaccessible after viewing or a short, predetermined time.
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Mobile device— The term mobile device means a phone or general-purpose tablet that provides cellular or wireless connectivity, is capable of connecting to the internet, and is capable of running an app.
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Parental direct messaging controls— The term parental direct messaging controls means a set of tools or settings that a provider of a covered platform provides to a parent of a covered user of the covered platform that allows the parent to manage the use of a direct messaging feature by such covered user.
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Teen covered user— The term teen covered user means a covered user who has attained the age of 13.
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Unapproved contact— The term unapproved contact, with respect to a covered user for whom parental direct messaging controls have been activated, means a user of a covered platform with respect to whom the teen covered user may not use a direct messaging feature unless a parent of such teen covered user has provided verifiable parental consent under this subtitle.
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Verifiable parental consent— The term verifiable parental consent—
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has the meaning given that term in section 2 of this Act; and
removed
includes ongoing mechanisms for parents to activate and manage parental direct messaging controls provided under this subtitle.
Sec. 233 Market research
added
Prohibition of research on minors— A provider of a covered platform may not, in the case of a user or visitor of the covered platform who the provider knows is a minor, conduct market or product-focused research on such user or visitor unless any such research is—
added
used solely to improve the privacy, security, transparency, or safety of the covered platform, including with respect to a design feature or any safeguard, setting, or tool offered to such user or visitor or a parent of such user or visitor; or
added
necessary for compliance with a Federal or State law.
added
Rule of construction— Nothing in this subtitle may be construed to limit the processing of personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including through an independent measurement.
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A provider of a covered platform may not offer, provide, or enable any ephemeral messaging feature of such covered platform to any covered user of the covered platform.
Sec. 234 Effective date
changed
A provider of a covered platform may not offer, provide, or enable any direct messaging feature of such covered platform to any covered user of This subtitle shall take effect on the covered platform under date that is 90 days after the age date of 13 years.the enactment of this Act.
Sec. 235 Parental controls for direct messaging features for teens
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Requirement— A provider of a covered platform that offers, provides, or enables any direct messaging feature of such covered platform to any teen covered user of the covered platform shall provide easily accessible and usable parental direct messaging controls to a parent of such teen covered user that the parent may activate and manage by providing verifiable parental consent.
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Accessibility; usability; awareness— The parental direct messaging controls described in subsection (a) shall meet the following requirements:
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Be clearly and conspicuously accessible to a parent of a teen covered user through—
removed
the settings of a profile of the teen covered user; and
removed
any parental portal or interface offered by the covered platform.
removed
Be designed to be user-friendly with clear explanations of the manner in which the parental direct messaging controls operate.
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Functionality of controls— As a default setting on a covered platform, the parental direct messaging controls described in subsection (a) shall allow a parent of a teen covered user of the covered platform to do the following (unless the parent adjusts the default setting with respect to any of the following by providing verifiable parental consent):
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Receive a timely notification that—
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alerts the parent about a request from an unapproved contact who seeks to use a direct messaging feature of the covered platform with respect to the teen covered user; and
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allows the parent to approve or deny the request before the unapproved contact and the teen covered user engage in any direct messaging through any such direct messaging feature.
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View and manage a list of any contacts approved for engaging in direct messaging with the teen covered user through any direct messaging feature of the covered platform.
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Be informed if the teen covered user changes the age listed on a profile of the teen covered user on the covered platform (if any such change affects the applicability of such parental direct messaging controls).
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Disable any direct messaging feature of any such profile.
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Prevent any specific user, any specific group of users, or other users in general, from initiating or continuing to engage in direct messaging with the teen covered user through any direct messaging feature of the covered platform.
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Enable the teen covered user to set a profile of the teen covered user on the covered platform as hidden on any search such that—
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other users are prevented from searching for and finding such profile;
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other users are prevented from seeing the current online or offline status of the teen covered user; and
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other users are prevented from initiating or continuing to engage in direct messaging with the teen covered user through any direct messaging feature of the covered platform.
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No degradation of other features or services— A provider of a covered platform may not degrade the functionality or availability of any other feature or service of the covered platform for a teen covered user of the covered platform based on the activation or management of parental direct messaging controls by a parent of the teen covered user under this section (except as necessary to implement any such parental direct messaging controls).
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No circumvention— A provider of a covered platform shall take reasonable measures to prevent a teen covered user of the covered platform from easily circumventing parental direct messaging controls activated and managed by a parent of the teen covered user under this section.
Sec. 236 Rule of construction on encryption
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removed
No requirement under this subtitle to restrict any feature for a covered user or to provide parental direct messaging controls for a direct messaging feature of a covered platform may be construed to override any protection for an encrypted communication described in this subtitle and a provider of a covered platform shall adhere to any such requirement, to the maximum extent technically feasible, through means that do not compromise the integrity of strong encryption offered to any user of the covered platform.
Sec. 237 Relationship to State law
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In general— No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision—
removed
directly prohibits ephemeral or direct messaging on a covered platform for users under 13; or
removed
regulates parental direct messaging controls on covered platforms for teen covered users.
removed
Rule of construction— Nothing in subsection (a) may be construed to preempt the applicability of any of the following:
removed
Any law of a State with respect to trespass, contract, tort, or product liability.
removed
Any statutory law that creates a remedy or penalty for criminal conduct.
removed
Any law of general applicability of a State with respect to consumer protection.
Sec. 238 Effective date
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removed
In general— Except as provided in subsection (b), this subtitle shall take effect on the date that is 180 days after the date of the enactment of this Act.
removed
Exception— The effective date described in subsection (a) does not apply with respect to section 235.
Sec. 241 Short title
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removed
This subtitle may be cited as the “Stop Profiling Youth and Kids Act” or the “SPY Kids Act”.
Sec. 242 User defined
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removed
In this subtitle, the term user, with respect to a covered platform, means an individual who registers an account or creates a profile on the covered platform.
Sec. 243 Market research
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Prohibition of research on minors— A provider of a covered platform may not, in the case of a user or visitor of the covered platform who the provider knows is a minor, conduct market or product-focused research on such user or visitor unless any such research is—
removed
used solely to improve the privacy, security, transparency, or safety of the covered platform, including with respect to a design feature or any safeguard, setting, or tool offered to such user or visitor or a parent of such user or visitor; or
removed
necessary for compliance with a Federal or State law.
removed
Rule of construction— Nothing in this subtitle may be construed to limit the processing of personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including through an independent measurement.
Sec. 244 Relationship to State laws
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removed
In general— No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision regulates the ability of a covered platform to conduct market or product-focused research on a minor.
removed
Rule of construction— Nothing in subsection (a) may be construed to preempt the applicability of any of the following:
removed
Any law of a State with respect to trespass, contract, tort, or product liability.
removed
Any statutory law that creates a remedy or penalty for criminal conduct.
removed
Any law of general applicability of a State with respect to consumer protection.
Sec. 245 Effective date
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removed
This subtitle shall take effect on the date that is 90 days after the date of the enactment of this Act.
Sec. 302 Definitions
Definitions— In this title:
Covered communication tool— The term covered communication tool means a capability available to a user of an interactive online video game that allows for the exchange of verbal, written, or visual messages between such user and any other user of such interactive online video game.
Covered user— The term covered user means a user of an interactive online video game if the online video game provider of such interactive online video game knows that such user is a minor.
Interactive online video game— The term interactive online video game means a video game that—
connects to the internet; and
allows a user of such video game to communicate with other users of such video game.
added
Know; knows— The term know or knows means know or should have known.
added
Minor— The term minor means an individual under the age of 17 years.
renumbered
was (2)(6)
Online video game provider— The term online video game provider means a person engaged in the business of providing directly to a consumer over the internet or other online means a digital storefront, console network, mobile or cloud gaming platform, or similar means of digital distribution that offers access to an interactive online video game for use by the consumer.
renumbered
was (2)(7)
Video game— The term video game means a software program that—
renumbered
was (2)(7)(3)
receives and stores data or instructions generated by the user of such software program; and
renumbered
was (2)(7)(4)
processes such data or instructions to create an interactive game for such user to play on a computer, gaming system, console, mobile device, or other technological means.
Sec. 303 Safeguards requirements for online video game providers
Communication safeguards— An online video game provider shall provide safeguards to a parent of a covered user of an interactive online video game of such online video game provider that allow the parent to limit communication between such covered user and any other user of such interactive online video game.
Features—
In general— An online video game provider shall ensure that the safeguards required by subsection (a) meet the following requirements:
Be accessible and easy to use.
Be enabled by default on an account of a covered user of the interactive online video game of such online video game provider.
Be set to the most protective level of control by default on any such account.
changed
Protective level of control— For purposes of paragraph (1)(C), the term most protective level of control means the relevant safeguards—
are set to the most restrictive setting by default; and
may be set to a less restrictive setting only by a parent of a covered user.
Other safeguards required— An online video game provider shall provide to a covered user and a parent of a covered user of an interactive online video game of the online video game provider readily accessible and easy-to-use safeguards to do the following:
Prevent a profile of such covered user or personal information connected to such covered user from being recommended or suggested to any other user of such interactive online video game who is not a minor.
Restrict purchases and financial transactions by such covered user.
Limit the amount of time spent by such covered user on such interactive online video game.
Device controls— Nothing in this section may be construed to prohibit an online video game provider from making available to the parent of a covered user of an interactive online video game of the online video game provider a single user interface that permits such parent to do the following:
Set the level or scope of any covered communication tool with respect to multiple other users or categories of users or set the level or scope of multiple covered communication tools.
Control the safeguards required by this section.
Notice to covered users— An online video game provider shall provide clear and conspicuous notice to a covered user of an interactive online video game of the online video game provider when the safeguards required by this section are in effect that describes the settings or safeguards that have been applied.
Sec. 304 Relationship to State laws
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removed
In general— No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision regulates the provision of a covered communication tool or other safeguard by an online video game provider under this Act.
removed
Rule of construction— Nothing in subsection (a) may be construed to preempt the applicability of any of the following:
removed
Any law of a State with respect to trespass, contract, tort, or product liability.
removed
Any statutory law that creates a remedy or penalty for criminal conduct.
removed
Any law of general applicability of a State with respect to consumer protection.
Sec. 402 Definitions
In this title:
Chatbot provider—
In general— The term chatbot provider means a person engaged in the business of providing a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means.
Limitation— A person that provides a website, mobile application, or other online service that includes a chat function incidental to the primary purpose of such website, application, or service may not be treated as a chatbot provider solely on the basis of such incidental chat function.
Covered user— The term covered user means a user of a chatbot if the provider of such chatbot knows that such user is a minor.
added
Know; knows— The term know or knows means know or should have known.
Sec. 403 Certain statements prohibited
changed
A chatbot provider may not provide to a covered user of a relevant chatbot that states to the covered user that the chatbot is a licensed professional (unless such statement is true).
Sec. 405 Policies required
A chatbot provider shall establish, implement, and maintain reasonable policies, practices, and procedures—
to ensure that a chatbot of the chatbot provider advises a covered user of the chatbot to take a break from the chatbot at the point at which a continuous and uninterrupted interaction of such covered user with such chatbot has lasted for 3 hours; and
to address, with respect to covered users—
changed
any access to sexual material harmful to minors;exploitation and abuse;
the promotion of gambling that is restricted from or prohibited for minors by law; and
the promotion of the distribution, sale, or use of narcotic drugs, tobacco products, or alcohol that are restricted from or prohibited for minors by law.
Sec. 407 Relationship to State laws
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removed
In general— No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law, if such law, rule, regulation, requirement, standard, or other provision conflicts with this Act.
removed
Rule of construction— Nothing in subsection (a) may be construed to preempt the applicability of any of the following:
removed
Any law of a State with respect to trespass, contract, tort, or product liability.
removed
Any statutory law that creates a remedy or penalty for criminal conduct.
removed
Any law of general applicability of a State with respect to consumer protection.
Sec. 501 Definitions
In this subtitle:
Fentanyl— The term fentanyl includes any fentanyl analogue and fentanyl-related substance.
Fentanyl-related substance— The term fentanyl-related substance has the meaning given that term in subsection (e) of schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
changed
Relevant congressional committees— The term relevant congressional committees means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.means—
added
the Committee on Energy and Commerce of the House of Representatives; and
added
the Committee on Commerce, Science, and Transportation of the Senate.
Social media platform— The term social media platform—
means a public-facing website, internet application, or mobile internet application, including a social network or video sharing service—
that serves the public; and
that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and
does not include—
a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation); or
electronic mail.
Sec. 502 Exemption
addedadded Subchapter I of chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”) does not apply to this subtitle.
Sec. 512 Report by Commission on social media use by minors
added The Commission, in coordination with the Secretary of Health and Human Services (acting through the Assistant Secretary for Mental Health and Substance Use), shall do the following:
removed
In general— The Commission, in coordination with the Secretary of Health and Human Services (acting through the Assistant Secretary for Mental Health and Substance Use), shall—
removed
conduct a study on social media platform use by minors, including with respect to—
removed
what personal information is collected by social media platforms with respect to minors;
removed
how such personal information is used by the algorithms of the social media platforms;
removed
how such personal information is used with respect to targeted advertising;
removed
how often minors use social media platforms daily;
removed
differences in use of social media platforms related to the age ranges of minors;
removed
mental health effects on minors linked to the use of social media platforms; and
removed
potential harmful effects and benefits for minors from extended social media platform use; and
removed
not later than 3 years after the date of the enactment of this Act, submit to Congress a report on the findings of the study conducted under paragraph (1), including any recommended policy changes based on such findings.
changed
Exemption— Subchapter I of chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”) does not apply Conduct a study on social media platform use by minors, including with respect to this section.the following:
added
What personal information is collected by social media platforms with respect to minors.
added
How such personal information is used by the algorithms of the social media platforms.
added
How such personal information is used with respect to targeted advertising.
added
How often minors use social media platforms daily.
added
Differences in use of social media platforms related to the age ranges of minors.
added
Mental health effects on minors linked to the use of social media platforms.
added
Potential harmful effects and benefits for minors from extended social media platform use.
added
Not later than 3 years after the date of the enactment of this Act, submit to the relevant congressional committees a report on the findings of the study conducted under paragraph (1), including any recommended policy changes based on such findings.
Sec. 514 Report on the ability of minors to access fentanyl through social media platforms
changed
Report required— Not later than 1 year after the date of the enactment of this Act, the Commission, in coordination with the Secretary of Health and Human Services, acting Services (acting through the Commissioner of Food and Drugs and the Administrator of the Drug Enforcement Administration, Drugs), shall submit to the relevant congressional committees and publish on the a website of the Commission a report on the ability of minors to access fentanyl, including through pressed pills, on through social media platforms and that includes the following:
The prevalence and ability for minors to access fentanyl from drug sellers on social media platforms.
The impact of such prevalence and access on minors, including with respect to health risks and risks to physical safety.
How drug sellers use social media platforms to market, sell, deliver, distribute, dispense, and engage in other transactions related to the provision of fentanyl to minors.
How design features and other characteristics of social media platforms affect the ability of minors to access fentanyl.
Other measures taken by law enforcement, the medical community, and others to address the issues described in paragraphs (1) through (4).
Practices, policies, and other measures taken by social media platforms to address the ability of drug sellers to use social media platforms and the effectiveness of such practices, policies, and measures.
changed
Recommendations for Congress to eliminate the prevalence and ability for minors to access fentanyl on through social media platforms.
changed
Consultation required— In developing the report required by subsection (a), the Commission shall consult with any relevant agencies and stakeholders, including parents, social media platforms, law enforcement, medical professionals, and other relevant experts.
changed
Redaction permitted— In publishing the report required by subsection (a), the Commission, in consultation with the Attorney General, may redact any information relating to paragraphs paragraph (3) and or (5) of such subsection that may compromise any law enforcement tactic, strategy, or technique.
Sec. 516 Industry review and report
Review— Not later than 6 months after the date of the enactment of this Act, the Commission, in consultation with industry, parents, individuals with expertise in communications technologies, parental controls, privacy, and mental health, and any other appropriate entities as determined by the Commission, shall—
changed
initiate a review of industry efforts to promote online safety for minors through education, parental and child safety tools, age-appropriate labels for content, privacy and other safety settings, or and any other relevant technologies or initiatives; and
examine the effectiveness of industry efforts identified under paragraph (1) to mitigate online harms for minors and provide recommendations for industry, Congress, and agencies to improve online safety for minors.
changed
Submission of report— Not later than 3 years after the date of the enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives relevant congressional committees a report with the any findings and recommendations resulting from the review described in and examination required by subsection (a).
removed
Exemption— Subchapter I of chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”) does not apply to this section.
Sec. 519 Report
changed
Not later than 4 years after the date of the enactment of this Act, the Secretary, acting through the Director, shall submit to the Committee on Energy and Commerce of the House of Representatives relevant congressional committees and the Committees Committee on Commerce, Science, and Transportation and Health, Education, Labor, and Pensions of the Senate a report on the results of the study required by section 517 and any related recommendations.
Sec. 522 Online safety education for minors
changed
Amendment— Subtitle A of the Protecting Children in the 21st Century Act (15 U.S.C. 6551 et seq.) is amended by striking sections 211 through 214 and 216 and inserting the following:amended—
added
by striking sections 211 through 214 and 216 and inserting the following:
“211. Public awareness and educational campaign
added “Not later than 180 days after the date of the enactment of this section, the Commission, in partnership with the heads of other relevant agencies, State and local governments, nonprofit organizations, schools, industry, law enforcement, medical professionals, and other appropriate entities, shall carry out a program throughout the United States to promote the safe use of the internet by minors that includes the following:
removed
“Not later than 180 days after the date of the enactment of this section, the Commission, in partnership with the heads of other relevant agencies, State and local governments, nonprofit organizations, schools, industry, law enforcement, medical professionals, and other appropriate entities, shall carry out a program throughout the United States to promote the safe use of the internet by minors, that includes the following:
“(1) The identification, promotion, and encouragement of best practices for educators, online platforms, minors, and parents and guardians to protect minors online.
“(2) The establishment and implementation of an outreach and education campaign throughout the United States that promotes online safety for minors.
“(3) The facilitation of access to, and the exchange of, information regarding online safety for minors to promote up-to-date knowledge regarding harms and risks negatively impacting or benefits positively impacting minors online.
“(4) The facilitation of access to publicly accessible online safety education and public awareness efforts by other relevant agencies, State and local governments, nonprofit organizations, schools, industry, and other appropriate entities.
“212. Annual report
added “Not later than 1 year after the date of the enactment of this section, and annually thereafter for 10 years, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the program carried out under section 211.
removed
“Not later than 1 year after the date of the enactment of this section, and annually thereafter for 10 years, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the activities carried out under section 211.
“213. Definitions
“In this subtitle:
“(1) Agency—The term agency has the meaning given that term in section 551 of title 5, United States Code.
“(2) Commission—The term Commission means the Federal Trade Commission.
“(3) Minor—The term minor means an individual under the age of 17.
“(4) Nonprofit organization—The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.
“(5) Online safety—The term online safety includes issues regarding the use of the internet in a manner that promotes safe online activity for minors through the following:
“(A) Protecting minors from cybercrimes, access to narcotics, tobacco products, gambling, alcohol, and other adult content.
“(B) Preventing compulsive behavior online and other adverse impacts on the physical and mental health of minors.
“(C) Facilitating the effective use of safeguards, parental controls, and other tools to empower parents, guardians, and minors to protect minors online.
“(6) State—The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe.”
added
by redesignating section 215 as section 214.
changed
Technical and conforming amendments—amendment— The table of contents for subtitle A of the Protecting Children in the 21st Century Act (15 U.S.C. 6551 et seq.) is amended—amended by striking the items related to sections 211 through 216 and inserting the following:
removed
by striking the items related to sections 211 through 214 and 216; and
removed
inserting before section 215 the following:
Sec. 524 Safe chatbot use for minors
Educational resources— Not later than 1 year after the date of the enactment of this Act, the Commission, in consultation with relevant agencies, shall develop and make available to the public educational resources for parents, educators, and minors with respect to the safe and responsible use of chatbots by minors.
changed
Contents— The educational resources developed and made available under subsection (a) shall include resources on—on the following:
changed
the The risks and benefits of chatbot use;use.
changed
privacy Privacy and data collection practices; andpractices.
changed
best Best practices for parents supporting the safe use of chatbots by minors.
changed
Youville— The Commission shall, Commission, in a manner appropriate for minors, shall model the educational resources developed and made available under subsection (a) on the Youville program of the Commission.
Sec. 526 Kids Internet Safety Partnership
Establishment— Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish the Kids Internet Safety Partnership.
Director— The Secretary shall appoint a Director to be the head of the Partnership.
Duties— The duties of the Partnership shall be the following:
changed
Coordinate with relevant agencies, including agencies (including the Commission, Commission) and stakeholders to identify—identify the following:
changed
the The risks for minors with respect to the use of websites, online services, online applications, and mobile applications;applications.
changed
the The benefits for minors with respect to the use of websites, online services, online applications, and mobile applications; andapplications.
changed
widely Widely accepted or evidence-based best practices that practices, taking into account for minors of different ages and—ages, to—
address the risks identified under subparagraph (A); and
preserve and enhance the benefits identified under subparagraph (B).
Not later than 1 year after the date on which the Partnership is established, and every 2 years thereafter, publish on a publicly available website a report that details—
the identifications made under paragraph (1); and
the efficacy and adoption by websites, online services, online applications, and mobile applications of—
safeguards for minors; and
parental tools.
changed
Not later than 2 years after the date on which the Partnership is established, publish on a publicly available website a playbook for providers and developers of websites, online services, online applications, and mobile applications to facilitate the implementation of widely accepted or evidence-based best practices that account for minors of different ages and address the risks identified under paragraph (1)(A) and preserve and enhance the benefits identified under paragraph (1)(B), including best practices with respect to—to the following:
changed
age Age verification, assurance, and estimation techniques;techniques.
changed
design features;Design features.
changed
parental tools;Parental tools.
changed
default Default privacy and account settings;settings.
changed
reporting Reporting systems and tools;tools.
changed
third-party Third-party safety software services; andservices.
changed
limitations Limitations and opt-outs related to personalized recommendation systems and chatbots.
changed
Stakeholders— In coordinating with stakeholders under as required by subsection (c)(1), the Partnership shall coordinate with the following:
Academic experts with specific expertise with respect to the prevention of risks for minors online.
Researchers with specific expertise with respect to social media.
Parents and minors with demonstrated experience with respect to the safety of minors online.
Educators with demonstrated experience with respect to the safety of minors online.
Online platforms.
Experts in academia and civil society with specific expertise with respect to constitutional law, privacy, free expression, access to information, and civil liberties.
State attorneys general (or designees thereof who work in State or local government).
Sunset— The Partnership shall terminate on the date that is 5 years after the date on which the Partnership is established.
Definitions— In this section:
Parental tool— The term parental tool—
means a tool that—
changed
the provider of a website, online service, online application, or mobile application provides to a parent of a user who the service or application such provider knows is a minor; and
the parent uses to support such user with respect to the use of the website, service, or application; and
changed
includes a tool that allows a parent of a user who the provider of such a website, service, or application knows is a minor to—
view or change the privacy and account settings of such user;
changed
grant or withdraw verifiable parental consent;
restrict the purchases and financial transactions of such user;
view metrics of the total time spent on such website, service, or application by such user;
restrict time spent on such website, service, or application by such user;
report illegal or harmful conduct on such website, service, or application with respect to which such user may be a victim; and
limit or opt-out of personalized recommendation systems or chatbots.
Partnership— The term Partnership means the Kids Internet Safety Partnership established under subsection (a).
Secretary— The term Secretary means the Secretary of Commerce.
Sec. 601 Short title
added This subtitle may be cited as the “Children and Teens’ Online Privacy Protection Act”.
removed
Enforcement by Commission—
removed
Unfair or deceptive acts or practices— A violation of this Act shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
removed
Powers of Commission— 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, and 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.
removed
Authority preserved— Nothing in this title may be construed to limit the authority of the Commission under any other provision of law.
removed
Actions by States—
removed
In general— In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to—
removed
enjoin such act or practice;
removed
enforce compliance with this Act;
removed
obtain damages, restitution, or other compensation on behalf of residents of the State; or
removed
obtain such other legal and equitable relief as the court may consider to be appropriate.
removed
Notice— Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action.
removed
Authority of Commission—
removed
In general— On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right—
removed
to intervene in the action;
removed
upon so intervening—
removed
to be heard on all matters arising therein; and
removed
to file petitions for appeal.
removed
Limitation on State action while Federal action is pending— If the Commission or the Attorney General of the United States has instituted a civil action for violation of this Act (referred to in this subparagraph as the “Federal action”), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of this Act alleged in such complaint.
removed
Rule of construction— For purposes of bringing a civil action under this subsection, nothing in this Act may be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.
Sec. 602 Online collection, use, disclosure, and deletion of personal information of children and teens
changed
Right of action—Definitions— A petition for review that challenges the constitutionality Section 1302 of this Act or the constitutionality of any action, finding, or determination under this Children’s Online Privacy Protection Act may be filed only in the United States Court of Appeals for the District of Columbia Circuit.1998 (15 U.S.C. 6501) is amended—
added
by amending paragraph (1) to read as follows:
added “(1) Child—The term child means an individual under the age of 14.”
added
by amending paragraph (2) to read as follows:
added “(2) Operator—The term operator—
added “(A) means any person—
added “(i) who, for commercial purposes in interstate or foreign commerce, operates or provides a website on the internet, an online service, an online application, or a mobile application; and
added “(ii) who—
added “(I) collects or maintains, either directly or through a service provider, personal information from or about the users of that website, service, or application;
added “(II) allows another person to collect personal information directly from users of that website, service, or application (in which case, the operator is deemed to have collected the information); or
added “(III) allows users of that website, service, or application to publicly disclose personal information (in which case, the operator is deemed to have collected the information); and
added “(B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45).”
added
in paragraph (4)—
added
by amending subparagraph (A) to read as follows:
added “(A) the release of personal information collected from a child or teen by an operator for any purpose, except where the personal information is provided to a person other than an operator who—
added “(i) provides support for the internal operations of the website, online service, online application, or mobile application of the operator, excluding any activity relating to individual-specific advertising to children or teens; and
added “(ii) does not disclose or use that personal information for any other purpose; and”
added
in subparagraph (B)—
added
by inserting “or teen” after “child” each place the term appears;
added
by striking “website or online service” and inserting “website, online service, online application, or mobile application”; and
added
by striking “actual knowledge” and inserting “knowledge”;
added
by amending paragraph (8) to read as follows:
added “(8) Personal information
added “(A) In general—The term personal information means individually identifiable information about an individual collected online, including—
added “(i) a first and last name;
added “(ii) a home or other physical address, including a street name and a name of a city or town;
added “(iii) an e-mail address;
added “(iv) a telephone number;
added “(v) a Social Security number;
added “(vi) any other identifier that the Commission determines permits the physical or online contacting of a specific individual;
added “(vii) a persistent identifier that can be used to recognize a specific child or teen over time and across different websites, online services, online applications, or mobile applications, that—
added “(I) includes—
added “(aa) a customer number held in a cookie;
added “(bb) an Internet Protocol (IP) address;
added “(cc) a processor or device serial number; and
added “(dd) a unique device identifier; and
added “(II) excludes an identifier that is used by an operator solely for providing support for the internal operations of the website, online service, online application, or mobile application;
added “(viii) a photograph, video, or audio file that contains the image or voice of a specific child or teen;
added “(ix) geolocation information;
added “(x) information generated from the measurement or technological processing of an the biological, physical, or physiological characteristics of an individual that is used to identify an individual, including—
added “(I) fingerprints;
added “(II) voice prints;
added “(III) iris or retina imagery scans;
added “(IV) facial templates;
added “(V) deoxyribonucleic acid (DNA) information; and
added “(VI) gait; and
added “(xi) information linked or reasonably linkable to a child or teen or a parent of a child or teen (including any unique identifier) that an operator collects online from the child or teen and combines with an identifier described in this subparagraph.
added “(B) Exclusion—The term personal information does not include an audio file that contains the voice of a child or teen if the operator—
added “(i) does not request information via voice that would otherwise be considered personal information under this paragraph;
added “(ii) provides clear notice of its collection and use of the audio file and its deletion policy in its privacy policy;
added “(iii) only uses the voice contained in the audio file as a replacement for written words to perform a task or otherwise engage with a website, online service, online application, or mobile application, including by performing a search and fulfilling a verbal instruction or request;
added “(iv) only maintains the audio file during the period necessary to complete the relevant task or engagement;
added “(v) does not make any other use of the audio file during such period; and
added “(vi) deletes the audio file at the end of such period.
added “(C) Support for the internal operations of a website, online service, online application, or mobile application
added “(i) In general—For purposes of subparagraph (A)(vii), the term support for the internal operations of a website, online service, online application, or mobile application means the activities necessary to such website, service, or application to—
added “(I) maintain or analyze functioning;
added “(II) perform network communications;
added “(III) authenticate users;
added “(IV) personalize content;
added “(V) serve contextual advertising to users (if any persistent identifier is only used as necessary for technical purposes to serve the contextual advertisement or cap the frequency of contextual advertising;
added “(VI) protect the security or integrity of the user, website, online service, online application, or mobile application;
added “(VII) ensure legal or regulatory compliance, or
added “(VIII) fulfill a request of a child or teen under subparagraph (A), (B), or (C) of section 1303(b)(2).
added “(ii) Condition—Except as specifically permitted under clause (i), information collected through the activities described in clause (i) may not be used or disclosed to contact a specific individual (including through individual-specific advertising to children or teens), to amass a profile on a specific individual, in connection with processes that encourage or prompt use of a website or online service, or for any other purpose.”
added
by amending paragraph (9) to read as follows:
added “(9) Verifiable consent—The term verifiable consent means any reasonable effort (taking into consideration available technology) by an operator, including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child (in the case of a child) or a teen (in the case of a teen)—
added “(A) receives direct notice of the collection, use, maintenance, and disclosure practices of the operator with respect to personal information; and
added “(B) before the personal information of the child or teen is collected, freely and unambiguously authorizes—
added “(i) the collection, use, maintenance, and disclosure, as applicable, of the personal information; and
added “(ii) any subsequent use of the personal information.”
added
in paragraph (10)—
added
in the heading, by striking “Website or online service directed to children” and inserting “Website, online service, online application, or mobile application directed to children”;
added
in subparagraph (A)—
added
in the matter preceding clause (i), by striking “website or online service directed to children” and inserting “website, online service, online application, or mobile application directed to children”;
added
in clause (i), by striking “commercial website or online service” and inserting “website, online service, online application, or mobile application”; and
added
in clause (ii), by striking “commercial website or online service” and inserting “website, online service, online application, or mobile application”;
added
in subparagraph (B), by striking “commercial website or online service” each place the term appears and inserting “website, online service, online application, or mobile application”; and
added
by adding at the end the following new subparagraph:
added “(C) Rule of construction—In considering whether a website, online service, online application, or mobile application, or portion thereof, is directed to children, the Commission shall apply a totality of circumstances test and will also consider competent and reliable empirical evidence regarding audience composition and evidence regarding the intended audience of the website, online service, online application, or mobile application.”
added
by adding at the end the following:
added “(13) Connected device—The term connected device means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device.
added “(14) Online application—The term online application—
added “(A) means an internet-connected software program; and
added “(B) includes a service or application offered via a connected device.
added “(15) Mobile application—The term mobile application—
added “(A) means a software program that runs on the operating system of—
added “(i) a cellular telephone;
added “(ii) a tablet computer; or
added “(iii) a similar portable computing device that transmits data over a wireless connection; and
added “(B) includes a service or application offered via a connected device.
added “(16) Geolocation information—The term geolocation information means information sufficient to identify a street name and name of a city or town.
added “(17) Teen—The term teen means an individual who has attained the age of 14 and is under the age of 18.
added “(18) Individual-specific advertising to children or teens
added “(A) In general—The term individual-specific advertising to children or teens means advertising or any other effort to market a product or service that is directed to a specific child or teen or a connected device that is linked or reasonably linkable to a child or teen based on—
added “(i) personal information of—
added “(I) the child or teen; or
added “(II) a group of children or teens who are similar in sex, age, household income level, race, or ethnicity to the specific child or teen to whom the product or service is marketed;
added “(ii) profiling of such child or teen or group of children or teens; or
added “(iii) a unique identifier of such connected device.
added “(B) Exclusions—The term individual-specific advertising to children or teens shall not include—
added “(i) advertising or marketing to an individual or to a device of an individual in response to a specific request by the individual for information or feedback, such as a search query by a child or teen;
added “(ii) contextual advertising, including if an advertisement is displayed based on the content of the website, online service, online application, mobile application, or connected device on which the advertisement appears and does not vary based on personal information of an individual who views the advertisement;
added “(iii) processing personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including independent measurement; or
added “(iv) advertising or marketing directed to a connected device used by both adult and child or teen members of a household, if such advertising or marketing is directed to a profile of an adult user.
added “(C) Rule of construction—Nothing in subparagraph (A) shall be construed to prohibit an operator with actual knowledge or an operator who should have known that a user is under the age of 18 from delivering advertising or marketing that is age-appropriate and intended for a child or teen audience, if the operator does not use any personal information other than whether the user is under the age of 18.
added “(19) Educational agency or institution—The term educational agency or institution means—
added “(A) a State educational agency or a local educational agency (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); or
added “(B) an institutional day or residential school, including a public school (including a charter school) or a private school, that provides elementary or secondary education, as determined under State law.
added “(20) Knowledge—The term knowledge means the operator has actual knowledge or should have known that a user is a child or teen.”
changed
Exclusive jurisdiction—Online collection, use, disclosure, and deletion of personal information of children and teens— The United States Court of Appeals for the District Section 1303 of Columbia Circuit shall have exclusive jurisdiction over any challenge to the constitutionality of this Children’s Online Privacy Protection Act or the constitutionality of any action, finding, or determination under this Act.1998 (15 U.S.C. 6502) is amended—
added
by striking the heading and inserting the following: “Online collection, use, disclosure, and deletion of personal information of children and teens.”;
added
in subsection (a)—
added
by amending paragraph (1) to read as follows:
added “(1) In general—It is unlawful for an operator of a website, online service, online application, or mobile application directed to children or for any operator of a website, online service, online application, or mobile application with actual knowledge or any operator of a website, online service, online application, or mobile application who should have known that a user is a child or teen to do any of the following:
added “(A) Collect personal information from a child or teen in a manner that violates the regulations promulgated under subsection (b).
added “(B) Collect, use, disclose to third parties, or maintain personal information of a child or teen for purposes of individual-specific advertising to children or teens (or to allow another person to collect, use, disclose, or maintain such information for such purpose);
added “(C) Otherwise collect the personal information of a child or teen, except if the collection of the personal information is—
added “(i) consistent with the context of a particular transaction or service or the relationship of the child or teen with the operator, including any collection necessary to fulfill a transaction or provide a product or service requested by the child or teen; or
added “(ii) authorized or required by Federal law (including a regulation promulgated under subsection (b)) or State law.
added “(D) Store or transfer the personal information of a child or teen outside of the United States, unless the operator provides direct notice to a parent of the child (in the case of a child) or to the teen (in the case of a teen) of such storage or transfer.
added “(E) Retain the personal information of a child or teen for longer than is reasonably necessary to fulfill a transaction or provide a service requested by the child or teen, except as authorized or required by Federal or State law.”
added
in paragraph (2)—
added
in the heading, by striking “parent” and inserting “parent or teen”;
added
by striking “Notwithstanding paragraph (1)” and inserting “Notwithstanding paragraph (1)(A)”;
added
by striking “of such a website or online service”; and
added
by striking “subsection (b)(1)(B)(iii) to the parent of a child” and inserting “subsection (b)(1)(B)(iv) to a parent of a child or under subsection (b)(1)(C)(iv) to a teen”;
added
in subsection (b)—
added
in paragraph (1)—
added
in subparagraph (A)—
added
in the matter preceding clause (i), by striking “the operator of any website” and all that follows through “from a child” and inserting “an operator of a website, online service, online application, or mobile application directed to children or for any operator of a website, online service, online application, or mobile application with actual knowledge or any operator of a website, online service, online application, or mobile application who should have known that a user is a child or teen”;
added
in clause (i)—
added
by striking “notice on the website” and inserting “clear and conspicuous notice on the website, service, or application”;
added
by inserting “or teens” after “children”;
added
by striking “, and the operator’s disclosure practices” and inserting “, the disclosure practices of the operator”; and
added
by striking “; and” and inserting “, the rights and opportunities available to a parent of a child or teen under subparagraphs (B) and (C), and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or teens (except as permitted by the regulations promulgated under this subsection);”;
added
in clause (ii)—
added
by striking “parental”;
added
by inserting “or teens” after “children”;
added
by striking the semicolon at the end and inserting “; and”; and
added
by inserting after clause (ii) the following new clause:
added “(iii) to obtain verifiable consent from a parent of a child (in the case of a child) or from a teen (in the case of a teen) before using or disclosing personal information of the child or teen for any purpose that is a material change from the original purposes and disclosure practices specified to the parent of the child or the teen under clause (i);”
added
in subparagraph (B)—
added
in the matter preceding clause (i), by striking “that website or online service” and inserting “the operator”;
added
in clause (i), by striking “that operator” and inserting “the operator, the method by which the operator obtains the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information”;
added
in clause (ii)—
added
by inserting “to delete personal information collected from the child or content or information submitted by the child to a website, online service, online application, or mobile application and” after “the opportunity at any time”; and
added
by striking “; and” and inserting a semicolon;
added
by redesignating clause (iii) as clause (iv) and inserting after clause (ii) the following new clause:
added “(iii) the opportunity to challenge the accuracy of the personal information and, if the parent of the child establishes the inaccuracy of the personal information, to have the inaccurate personal information corrected;”
added
in clause (iv), as so redesignated, by inserting “, if such information is available to the operator at the time the parent makes the request” before the semicolon;
added
by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;
added
by inserting after subparagraph (B) the following new subparagraph:
added “(C) require the operator to provide, upon the request of a teen who has provided personal information to the operator, upon proper identification of the teen—
added “(i) a description of the specific types of personal information collected from the teen by the operator, the method by which the operator obtained the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information;
added “(ii) the opportunity at any time to delete personal information collected from the teen or content or information submitted by the teen to a website, online service, online application, or mobile application and to refuse to permit the further use or maintenance in retrievable form, or online collection, of personal information from the teen by the operator;
added “(iii) the opportunity to challenge the accuracy of the personal information and, if the teen establishes the inaccuracy of the personal information, to have the inaccurate personal information corrected; and
added “(iv) a means that is reasonable under the circumstances for the teen to obtain any personal information collected from the teen, if such information is available to the operator at the time the teen makes the request;”
added
in subparagraph (D), as so redesignated—
added
by striking “a child’s participation” and inserting “the participation of a child or teen”; and
added
by inserting “or teen” after “the child”; and
added
by amending subparagraph (E), as so redesignated, to read as follows:
added “(E) require the operator—
added “(i) to establish, implement, and maintain reasonable security practices to protect the confidentiality, integrity, and accessibility of personal information of children or teens collected by the operator; and
added “(ii) to protect such personal information against unauthorized access.”
added
in paragraph (2)—
added
in the matter preceding subparagraph (A), by striking “verifiable parental consent” and inserting “verifiable consent”;
added
in subparagraph (A)—
added
by inserting “or teen” after “collected from a child”;
added
by inserting “or teen” after “request from the child”; and
added
by inserting “or teen or to contact another child or teen” after “to recontact the child”;
added
in subparagraph (B)—
added
by striking “parent or child” and inserting “parent or teen”; and
added
by striking “parental consent” each place the term appears and inserting “verifiable consent”;
added
in subparagraph (C)—
added
in the matter preceding clause (i), by inserting “or teen” after “child” each place the term appears;
added
in clause (i)—
added
by inserting “or teen” after “child” each place the term appears; and
added
by inserting “or teen, as applicable,” after “parent” each place the term appears; and
added
in clause (ii)—
added
by striking “without notice to the parent” and inserting “without notice to the parent or teen, as applicable,”; and
added
by inserting “or teen” after “child” each place the term appears; and
added
in subparagraph (D)—
added
in the matter preceding clause (i), by inserting “or teen” after “child” each place the term appears;
added
in clause (ii), by inserting “or teen” after “child”; and
added
in the flush text following clause (iii)—
added
by inserting “or teen, as applicable,” after “parent” each place the term appears; and
added
by inserting “or teen” after “child”;
added
by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following new paragraph:
added “(3) Application to operators acting under agreements with educational agencies or institutions—The regulations may provide that verifiable consent under paragraph (1)(A)(ii) is not required for an operator that acts under a written agreement with an educational agency or institution that, at a minimum, requires the—
added “(A) operator to—
added “(i) limit the collection, use, and disclosure by the operator of the personal information from a child or teen to solely educational purposes and for no other commercial purposes;
added “(ii) provide the educational agency or institution with a notice of the specific types of personal information the operator will collect from the child or teen, the method by which the operator will obtain the personal information, and the purposes for which the operator will collect, use, disclose, and retain the personal information;
added “(iii) provide to the educational agency or institution a link regarding the disclosure practices of the operator described in subsection (b)(1)(A)(i); and
added “(iv) provide the educational agency or institution, upon request, with a means to review the personal information collected from a child or teen, to prevent further use or maintenance or future collection of personal information from a child or teen, and to delete personal information collected from a child or teen or content or information submitted by a child or teen to website, online service, online application, or mobile application of the operator;
added “(B) representative of the educational agency or institution to acknowledge and agree that the representative has authority to authorize the collection, use, and disclosure of personal information from children or teens on behalf of the educational agency or institution, along with such authorization, the name of the representative, and the title of the representative at the educational agency or institution; and
added “(C) educational agency or institution to—
added “(i) provide on a website of the educational agency or institution a notice that identifies the operator with which the educational agency or institution has entered into a written agreement under this subsection and provides the link described in subparagraph (A)(iii);
added “(ii) upon request, provide the notice described in subparagraph (A)(ii) to a parent (in the case of a child) or a parent or teen (in the case of a teen); and
added “(iii) upon the request of such a parent or teen, request the operator provide a means to review the personal information of such a child or teen and provide the parent or teen a means to review the personal information.”
added
by amending paragraph (4), as so redesignated, to read as follows:
added “(4) Termination of service—The regulations shall permit the operator of a website, online service, online application, or mobile application to terminate service provided to a child for whom a parent has refused or a teen who has refused (under the regulations promulgated under paragraphs (1)(B)(ii) and (1)(C)(ii), respectively) to permit the operator any further use or maintenance, in retrievable form or future online collection, of personal information from the child or teen.”
added
by adding at the end the following new paragraphs:
added “(5) Continuation of service—The regulations shall prohibit an operator from discontinuing service provided to a child or teen on the basis of a request by a parent of the child or by the teen (under the regulations promulgated under subparagraph (B) or (C) of paragraph (1), respectively) to delete personal information collected from the child or teen, to the extent that the operator is capable of providing such service without such personal information.
added “(6) Rule of construction—A request to delete or correct personal information of a child or teen (under the regulations promulgated under subparagraph (B) or (C) of paragraph (1), respectively) may not be construed to do any of the following:
added “(A) Limit the authority of a law enforcement agency to obtain any content or information from an operator pursuant to a lawfully executed warrant or an order of a court of competent jurisdiction.
added “(B) Require an operator or third party to delete or correct information that—
added “(i) any other provision of Federal or State law requires the operator or third party to maintain; or
added “(ii) was submitted to the website, online service, online application, or mobile application of the operator by any person other than the user who is attempting to erase or otherwise eliminate the content or information, including content or information submitted by the user that was republished or resubmitted by another person.
added “(C) Prohibit an operator from doing any of the following:
added “(i) Retaining a record of the deletion request and the minimum information necessary for the purposes of ensuring compliance with a request made pursuant to subparagraph (B) or (C) of paragraph (1).
added “(ii) Preventing, detecting, protecting against, or responding to any security incident, identity theft, or fraud, or reporting a person responsible for any such action.
added “(iii) Protecting the integrity or security of a website, online service, online application or mobile application.
added “(iv) Ensuring that any such personal information remains deleted.
added “(7) Common verifiable consent mechanism
added “(A) In general
added “(i) Feasibility of mechanism—The Commission, with notice and public comment, shall assess the feasibility of allowing operators the option to use a common verifiable consent mechanism that fully meets the requirements of this title.
added “(ii) Requirements—The feasibility assessment required by clause (i) shall consider whether a single operator could use a common verifiable consent mechanism to obtain the verifiable consent required by this title from a parent of a child or from a teen on behalf of multiple listed operators that provide a joint or related service.
added “(B) Report—Not later than 1 year after the date of the enactment of this paragraph, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report with the findings of the feasibility assessment required by subparagraph (A)(i).
added “(C) Regulations—If the Commission finds that the use of a common verifiable consent mechanism is feasible and would meet the requirements of this title, the Commission shall issue regulations to permit the use of a common verifiable consent mechanism in accordance with the findings outlined in such report.”
added
in subsection (c), by striking “a regulation prescribed under subsection (a)” and inserting “subparagraph (B), (C), (D), or (E) of subsection (a)(1) or of a regulation promulgated under subsection (b)”.
changed
Statute of limitations—Safe harbors— A challenge to this Section 1304 of the Children’s Online Privacy Protection Act may only be brought—of 1998 (15 U.S.C. 6503) is amended—
changed
in the case of a challenge to the constitutionality of this Act, not later than 90 days subsection (b)(1), by inserting “and teens” after the date of the enactment of this Act; “children”; and
changed
in the case of a challenge to by adding at the constitutionality of any action, finding, or determination under this Act, not later than 60 days after end the date of such action, finding, or determination.following:
added “(d) Publication
added “(1) In general—Except as provided in paragraph (2), the Commission shall publish on the internet website of the Commission any report or documentation required by regulation to be submitted to the Commission to carry out this title.
added “(2) Restrictions on publication—Notwithstanding the publication requirement described in paragraph (1), the restrictions described in sections 6(f) and section 21 of the Federal Trade Commission Act (15 U.S.C. 46(f); 57b–2) applicable to the disclosure of information obtained by the Commission shall apply in the same manner to any publication under paragraph (1).”
added
Actions by States— Section 1305 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6504) is amended—
added
in subsection (a)(1)—
added
in the matter preceding subparagraph (A), by inserting “section 1303(a)(1) or” before “any regulation”; and
added
in subparagraph (B), by inserting “section 1303(a)(1) or” before “the regulation”; and
added
in subsection (d)—
added
by inserting “section 1303(a)(1) or” before “any regulation”; and
added
by inserting “section 1303(a)(1) or” before “that regulation”.
added
Administration and applicability of Act— Section 1306 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6505) is amended—
added
in subsection (b)—
added
in paragraph (1), by striking “, in the case of” and all that follows through “the Board of Directors of the Federal Deposit Insurance Corporation;” and inserting the following: “by the appropriate Federal banking agency with respect to any insured depository institution (as such terms are defined in section 3 of such Act (12 U.S.C. 1813));”; and
added
by striking paragraph (2); and
added
by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively;
added
in subsection (d)—
added
by striking “a rule of the Commission under section 1303” and inserting “section 1303(a)(1) or a regulation promulgated under section 1303(b)”; and
added
by striking “such rule” and inserting “such section or such a regulation”; and
added
by adding at the end the following new subsections:
added “(f) Rule of construction on age verification—Nothing in this title may be construed to require an operator to implement an age gating or age verification functionality on a website, online service, online application, or mobile application of the operator.
added “(g) Additional requirement—Any regulation promulgated under this title shall include a description and analysis of the impact of proposed and final rules on small entities under chapter 6 of title 5, United States Code (commonly known as the “Regulatory Flexibility Act”).”
Sec. 603 Study and reports of mobile and online application oversight and enforcement
added
Oversight report— Not later than 3 years after the date of the enactment of this subtitle, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the processes of platforms that offer mobile and online applications for ensuring that, of those applications that are websites, online services, online applications, or mobile applications directed to children, the applications operate in accordance with—
added
this subtitle, the amendments made by this subtitle, and regulations promulgated under this subtitle; and
added
any regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices with respect to marketing.
removed
Nothing in this Act may be construed to do any of the following:
changed
Enforcement report— Allow a governmental entity to enforce Not later than 1 year after the date of the enactment of this Act based on a viewpoint expressed by or through any speech, expression, or information protected by subtitle, and annually thereafter, the First Amendment Commission shall submit to the Constitution Committee on Commerce, Science, and Transportation of the United States.Senate and the Committee on Energy and Commerce of the House of Representatives a report that addresses the following:
added
The number of actions brought by the Commission during the reporting year to enforce the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) (referred to in this subsection as the “Act”) and the outcome of each such action.
added
The total number of investigations or inquiries into potential violations of the Act during the reporting year.
added
The total number of open investigations or inquiries into potential violations of the Act as of the date on which the report is submitted.
added
The number and nature of complaints received by the Commission relating to an allegation of a violation of the Act during the reporting year.
added
Policy or legislative recommendations to strengthen online protections for children and teens.
removed
Prevent the taking of reasonable measures to block or filter spam, prevent criminal activity, or protect the security of a platform or service.
removed
Require the disclosure of the browsing behavior, search history, messages, contact list, or other content or metadata of the communications of a minor.
removed
Limit or impair 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.
removed
Expand, limit the scope of, or alter the meaning of section 230 of the Communications Act of 1934 (47 U.S.C. 230).
removed
Restrict the ability to—
removed
cooperate with a law enforcement agency regarding activity reasonably and in good faith believed to violate a Federal, State, or local law, rule, or regulation;
removed
comply with a lawful civil, criminal, or regulatory inquiry, subpoena, or summons from a Federal, State, local, or other governmental authority;
removed
investigate, establish, exercise, respond to, or defend against a legal claim;
removed
prevent, detect, or respond to a security incident, identity theft, fraud, harassment, or any other malicious, deceptive, or illegal activity; or
removed
investigate or report a person responsible for an activity described in subparagraph (D).
removed
Decrypt or ensure an ability to decrypt an encrypted communication of a user.
removed
Preclude the use of any form of encryption, including end-to-end encryption, for any communication of a user.
removed
Design, build, or implement any feature, function, software, hardware, or other capability for the purpose of weakening, undermining, circumventing, or overcoming any security control, including encryption, that is used to protect the privacy or security of any communication or data of a user.
removed
Require indefinite retention of data of a user.
removed
Require the affirmative collection of any personal information with respect to age that is not collected already in the normal course of business.
Sec. 604 GAO study
added
Study— The Comptroller General of the United States shall conduct a study on the privacy and mental health of teens who use financial technology products that shall do the following:
added
Identify the type of financial technology products that teens use.
added
Identify the potential risks to the privacy and mental health of teens that may result from the use of such financial technology products.
added
Determine whether existing laws are sufficient to address any such risks.
added
Report— Not later than 1 year after the date of the enactment of this section, the Comptroller General shall submit to Congress a report that details the results of the study conducted under subsection (a) and recommendations for any legislative or administrative action as the Comptroller General determines appropriate.
removed
If any provision of this Act or the application of this Act to any person or circumstance is held to be unconstitutional, the remaining provisions of this Act and the application of this Act to other persons or circumstances shall not be affected.
Sec. 605 Severability
changed
Except as otherwise provided in If any provision of this Act, subtitle, or any amendment made by this Act shall take effect on the date that subtitle, is 1 year after the date of determined to be unenforceable or invalid, the enactment remaining provisions of and amendments made by this Act.subtitle shall not be affected.
Sec. 611 Definitions
addedadded In this subtitle:
added
Covered data broker—
added
In general— The term covered data broker means an entity that, for valuable consideration, sells, licenses, rents, trades, transfers, releases, discloses, provides access to, or otherwise makes available to another entity personal data of an individual the data brokers knows is a minor that the entity did not collect directly from such individual to another entity that is not acting as a service provider.
added
Exception— The term covered data broker does not include an entity to the extent that the entity does any of the following:
added
Transmits personal data of an individual, including any communication of such individual, at the request or direction of such individual.
added
Provides, maintains, or offers a product or service with respect to which personal data, or access to such data, is not the product or service.
added
Reports or publishes news or information that concerns local, national, or international events or other matters of public interest.
added
Acts as a service provider.
added
Knows— The term knows means to have actual knowledge or willful disregard.
added
Minor— The term minor means an individual under the age of 18 years.
added
Personal data— The term personal data has the meaning given the term personal information in section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501) (as amended by section 602(a)(4) of this Act).
added
Service provider— The term service provider means an entity that—
added
collects, processes, or transfers personal data on behalf of and at the direction of—
added
the minor to whom such information pertains;
added
a parent of such a minor;
added
a Federal, State, or local government entity; or
added
an entity acting as a covered data broker or another service provider; and
added
receives data from or on behalf of an individual or entity described in subparagraph (A).
Sec. 612 Registration requirement
added
added
Data broker registration— Not later than 12 months after the date of the enactment of this subtitle, and annually thereafter, a covered data broker shall register with the Commission by paying the registration fee set by the Commission under subsection (c) and by filing a registration statement that includes the following information:
added
The legal name of the covered data broker.
added
A contact person and the primary physical address, human-monitored email address, human-monitored telephone number, and website address for the covered data broker.
added
A description of each category of personal data sold by the covered data broker.
added
A statement of whether the covered data broker implements a purchaser credentialing process.
added
A description of any incident of unauthorized access to personal data that the covered data broker has reported to a Federal or State governmental entity pursuant to an applicable law, rule, or regulation during the year before the year in which the registration is filed and, if known, the total number of consumers affected by each previously reported incident of such unauthorized access.
added
Data broker registry— Not later than 18 months after the date of the enactment of this subtitle, the Commission shall establish and maintain on a publicly available website of the Commission a searchable, central registry of covered data brokers registered under subsection (a) that includes—
added
a search feature that allows members of the public to search for and identify covered data brokers; and
added
for each covered data broker, the information required by paragraphs (1) through (5) of subsection (a).
added
Annual registration fee— The Commission may charge a covered data broker an annual registration fee of at least $22,500 (as adjusted on January 1 each year by the percentage increase (if any), during the preceding 12-month period, in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics).
Sec. 613 Rule of construction
addedadded Compliance with this subtitle shall not relieve a covered data broker of an obligation to register with any State covered data broker registry.
Sec. 701 Enforcement
added
added
Enforcement by Commission—
added
Unfair or deceptive acts or practices— A violation of this Act shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
added
Powers of Commission— 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, and 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.
added
Authority preserved— Nothing in this title may be construed to limit the authority of the Commission under any other provision of law.
added
Actions by States—
added
In general— In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to—
added
enjoin such act or practice;
added
enforce compliance with this Act;
added
obtain damages, restitution, or other compensation on behalf of residents of the State; or
added
obtain such other legal and equitable relief as the court may consider to be appropriate.
added
Notice— Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action.
added
Authority of Commission—
added
In general— On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right—
added
to intervene in the action;
added
upon so intervening—
added
to be heard on all matters arising therein; and
added
to file petitions for appeal.
added
Limitation on State action while Federal action is pending— If the Commission or the Attorney General of the United States has instituted a civil action for violation of this Act (referred to in this subparagraph as the “Federal action”), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of this Act alleged in such complaint.
added
Rule of construction— For purposes of bringing a civil action under this subsection, nothing in this Act may be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.
Sec. 702 Judicial review
addedadded The United States District Court for the District of Columbia shall have exclusive jurisdiction over any challenge to the constitutionality of this Act or the constitutionality of any action, finding, or determination under this Act.
Sec. 703 Rules of construction
addedadded Nothing in this Act may be construed to do any of the following:
added
Allow a governmental entity to enforce this Act based on a viewpoint expressed by or through any speech, expression, or information protected by the First Amendment to the Constitution of the United States.
added
Prevent—
added
the taking of reasonable measures to block or filter spam, prevent criminal activity, or protect the security of a platform or service; or
added
compliance with the duties and reporting requirements set forth in 18 U.S.C. 2258A.
added
Require the disclosure of the browsing behavior, search history, messages, contact list, or other content or metadata of the communications of a minor.
added
Limit or impair 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.
added
Expand, limit the scope of, or alter the meaning of section 230 of the Communications Act of 1934 (47 U.S.C. 230).
added
Restrict the ability to do any of the following:
added
Cooperate with a law enforcement agency regarding activity reasonably and in good faith believed to violate a Federal, State, or local law, rule, or regulation.
added
Comply with a lawful civil, criminal, or regulatory inquiry, subpoena, or summons from a Federal, State, local, or other governmental authority.
added
Investigate, establish, exercise, respond to, or defend against a legal claim.
added
Prevent, detect, or respond to a security incident, identity theft, fraud, harassment, or any other malicious, deceptive, or illegal activity.
added
Investigate or report a person responsible for an activity described in subparagraph (D).
added
Decrypt or ensure an ability to decrypt an encrypted communication of a user.
added
Preclude the use of any form of encryption, including end-to-end encryption, for any communication of a user.
added
Require indefinite retention of data of a user.
added
Require the affirmative collection of any personal information with respect to age that is not already collected in the normal course of business.
Sec. 704 Relationship to State laws
added
added
In general— The provisions of this Act shall preempt any law, rule, requirement, or regulation of a State, or a political subdivision of a State, only to the extent that such law, rule, requirement, or regulation conflicts with a provision of this Act.
added
Exception— Notwithstanding subsection (a), nothing in this Act may be construed—
added
to preempt any law, rule, requirement, or regulation of a State, or political subdivision of a State, with respect to contract, tort, or product liability; or
added
to prohibit a State, or a political subdivision of a State, from enacting or enforcing any law, rule, requirement, or regulation that provides greater protection to minors than the protection provided by the provisions of this Act.
added
Children’s Online Privacy Protection Act— Section 1303 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended by striking subsection (d) and inserting the following:
added “(d) Relationship to State law
added “(1) In general—The provisions of this title shall preempt any law, rule, requirement, or regulation of a State, or a political subdivision of a State, only to the extent that such law, rule, requirement, or regulation conflicts with a provision of this title.
added “(2) Exception—Notwithstanding paragraph (1), nothing in this title may be construed—
added “(A) to preempt any law, rule, requirement, or regulation of a State, or political subdivision of a State, with respect to contract, tort, or product liability; or
added “(B) to prohibit a State, or a political subdivision of a State, from enacting or enforcing any law, rule, requirement, or regulation that provides greater protection to minors than the protection provided by the provisions of this title.”
Sec. 705 Severability
addedadded If any provision of this Act or the application of this Act to any person or circumstance is held to be unconstitutional, the remaining provisions of this Act and the application of this Act to other persons or circumstances shall not be affected.
Sec. 706 Effective date
addedadded Except as otherwise provided in this Act, this Act shall take effect on the date that is 1 year after the date of the enactment of this Act.