Requirement to block access to social media on K–12 education campuses

(a)

Requirement

A social media company shall use geofencing to block access to their social media platform on a K–12 education campus during the regular school day (as determined by the local educational agency associated with such campus), except for any push notification that includes a weather alert, an amber alert, and other uses from emergency responders for public safety purposes. (b)

Protections for privacy

Nothing in this section may be construed to require— (1)the affirmative collection of any personal data with respect to the age of users by a social media company that the company is not already collecting in the normal course of business; or (2)a social media company to implement an age gating or age verification functionality. (c)

Enforcement

(1)

Enforcement by Federal Trade Commission

(A)

Unfair and deceptive acts or practices

A violation of this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (B)

Powers of the commission

(i)

In general

The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (ii)

Privileges and immunities

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

Authority preserved

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

Enforcement by state attorneys general

(1)

In general

(A)

Civil actions

In any case in which the attorney general of a State has reason to believe that a covered platform has violated or is violating this section, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States or a State court of appropriate jurisdiction to— (i)enjoin any practice that violates subsection (a); (ii)enforce compliance with subsection (a); (iii)on behalf of residents of the State, obtain damages, restitution, or other compensation, each of which shall be distributed in accordance with State law; or (iv)obtain such other relief as the court may consider to be appropriate. (B)

Notice

(i)

In general

Before filing an action under subparagraph (A), the attorney general of the State involved shall provide to the Commission— (I)written notice of that action; and (II)a copy of the complaint for that action. (ii)

Exemption

(I)

In general

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

Notification

In an action described in subclause (I), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (2)

Intervention

(A)

In general

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

Effect of intervention

If the Commission intervenes in an action under paragraph (1), the Commission shall have the right— (i)to remove the action to the appropriate United States district court; (ii)to be heard with respect to any matter that arises in that action; and (iii)to file a petition for appeal. (3)

Construction

For purposes of bringing any civil action under paragraph (1), nothing in this section shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A)conduct investigations; (B)administer oaths or affirmations; or (C)compel the attendance of witnesses or the production of documentary and other evidence. (4)

Actions by the commission

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

Venue; service of process

(A)

Venue

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

Service of process

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

Definitions

In this section: (1)

Commission

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

Geofencing

The term geofencing means a virtual boundary maintained by a social media platform. (3)

K–12 education

The term K–12 education means an elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)). (4)

Local educational agency

The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5)

Social media company

The term social media company— (A)means a company that runs a social media platform; and (B)does not include— (i)an organization not organized to carry on business for its own profit or that of its members; or (ii)an educational agency or institution (as defined in section 444 of the General Education Provisions Act (20 U.S.C. 1232g(a)(3))). (6)

Social medial platform

(A)

In general

The term social media platform means a public-facing website, online service, online application, or mobile application that— (i)is directed to consumers; (ii)collects personal data; (iii)primarily derives revenue from advertising or the sale of personal data; and (iv)as the primary function provides a community forum for user-generated content, including messages, videos, and audio files among users where such content is primarily intended for viewing, resharing, or platform-enabled distributed social endorsement or comment. (B)

Limitation

The term social medial platform does not include a platform that, as the primary function for consumers, provides or facilitates any of the following: (i)The purchase and sale of commercial goods. (ii)Teleconferencing or videoconferencing services that allow reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access. (iii)Crowd-sourced reference guides such as encyclopedias and dictionaries. (iv)Cloud storage, file sharing, or file collaboration services, including such services that allow collaborative editing by invited users. (v)The playing or creation of video games. (vi)Content that consists primarily of news, sports, sports coverage, entertainment, or other information or content that is not user-generated but is preselected by the platform and for which any chat, comment, or interactive functionality is incidental, directly related to, or dependent on the provision of the content provided by the platform. (vii)Business, product, or travel information including user reviews or rankings of such businesses, products, or other travel information. (viii)Educational information, experiences, training, or instruction provided to build knowledge, skills, or a craft, district-sanctioned or school-sanctioned learning management systems and school information systems for the purposes of schools conveying content related to the education of students, or services or services on behalf of or in support of an elementary school or secondary school, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (ix)An email service. (x)A wireless messaging service, including such a service provided through short message service or multimedia messaging protocols, that is not a component of, or linked to, a social media platform and where the predominant or exclusive function of the messaging service is direct messaging consisting of the transmission of text, photos, or videos that are sent by electronic means, where messages are transmitted from the sender to the recipient and are not posted publicly or within a social media platform. (xi)A broadband internet access service (as such term is defined for purposes of section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation). (xii)A virtual private network or similar service that exists solely to route internet traffic between locations.