Parents Over Platforms Act
A BILL
To ensure responsible age assurance practices within the mobile ecosystem, particularly concerning the protection of minors, and for other purposes.
Sec. 2 Definitions
In this Act:
Adult— The term adult means an account holder who is or is estimated to be 18 years of age or older.
Age category— The term age category means categorization of an individual based on age or estimated age, including a description of the user as a minor, an adult, or as being within a given age range.
Age signal— The term age signal means a signal that indicates an account holder’s age category, which the account holder or the account holder’s parent has agreed to share.
Application—
In general— The term application means a software program that is—
designed to be run on a connected device, and to perform, or to help the user perform, a specific task on the connected device; and
distributed through an application distribution provider.
Exclusions— The term application does not include—
websites or internet browser extensions; or
software with a primary purpose of extending the functionality of an internet browser.
Application distributor— The term application distributor—
means a software application that distributes applications from developers to users of a connected device; and
does not include an internet browser.
Application distribution provider— The term application distribution provider means an entity, company, or organization that owns, operates, or controls an application distributor.
Commission— The term Commission means the Federal Trade Commission.
Connected device— The term connected device means a smartphone, tablet, gaming console, or virtual reality device that enables users to connect to the internet and download applications.
Covered application—
In general— The term covered application—
means an application—
that is not an application distributor; and
for which a developer provides, whether legally required or not—
a different experience for adults than for minors; or
an experience that is intended only for adults; and
includes an application for which a developer provides different account types, content, or features, or engages in different advertising or data practices, depending on a user’s age.
Exclusion— The term covered application does not include an internet browser or online search engine.
Covered website—
In general— The term covered website means a website that provides a URL-accessible or web version of a covered application.
Exclusion— The term covered website does not include an internet browser or online search engine.
Developer— The term developer means any person, entity, company, or organization that creates, owns, or controls an application.
Minor— The term minor means an account holder who is or is estimated to be under the age of 18.
Personalized advertising—
In general— The term personalized advertising means the displaying of an advertisement to an account holder that is selected based on personal data obtained from the account holder’s activities over time and across non-affiliated websites or online applications to predict such account holder’s preferences or interests.
Exclusion— The term personalized advertising does not include—
advertising based on an account holder’s activities within a developer’s own application or applications;
advertising based on the context of an account holder’s current interaction with an application;
advertising directed to an account holder in response to the account holder’s direct request for information or feedback; or
the processing of personal data solely for measuring or reporting advertising performance, reach, or frequency.