[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7891 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 7891

           To protect the safety of children on the internet.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 9, 2024

 Mr. Bilirakis (for himself, Ms. Castor of Florida, Mrs. Houchin, Ms. 
  Schrier, and Mr. Bucshon) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
   the Committee on Education and the Workforce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
           To protect the safety of children on the internet.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Kids Online Safety 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                      TITLE I--KIDS ONLINE SAFETY

Sec. 101. Definitions.
Sec. 102. Duty of care.
Sec. 103. Safeguards for minors.
Sec. 104. Disclosure.
Sec. 105. Transparency.
Sec. 106. Research on social media and minors.
Sec. 107. Market research.
Sec. 108. Age verification study and report.
Sec. 109. Guidance.
Sec. 110. Enforcement.
Sec. 111. Kids Online Safety Council.
Sec. 112. Effective date.
Sec. 113. Rules of construction and other matters.
Sec. 114. Severability.
                  TITLE II--FILTER BUBBLE TRANSPARENCY

Sec. 201. Definitions.
Sec. 202. Requirement to allow users to see unmanipulated content on 
                            internet platforms.
Sec. 203. Severability.
                 TITLE III--RELATIONSHIP TO STATE LAWS

Sec. 301. Relationship to State laws.

                      TITLE I--KIDS ONLINE SAFETY

SEC. 101. DEFINITIONS.

    In this title:
            (1) Child.--The term ``child'' means an individual who is 
        under the age of 13.
            (2) Compulsive usage.--The term ``compulsive usage'' means 
        any response stimulated by external factors that causes an 
        individual to engage in repetitive behavior reasonably likely 
        to cause a mental health disorder.
            (3) Covered platform.--
                    (A) In general.--The term ``covered platform'' 
                means an online platform, online video game, messaging 
                application, or video streaming service that connects 
                to the internet and that is used, or is reasonably 
                likely to be used, by a minor.
                    (B) Exceptions.--The term ``covered platform'' does 
                not include--
                            (i) an entity acting in its capacity as a 
                        provider of--
                                    (I) a common carrier service 
                                subject to the Communications Act of 
                                1934 (47 U.S.C. 151 et seq.) and all 
                                Acts amendatory thereof and 
                                supplementary thereto;
                                    (II) a broadband internet access 
                                service (as such term is defined for 
                                purposes of section 8.1(b) of title 47, 
                                Code of Federal Regulations, or any 
                                successor regulation);
                                    (III) an email service;
                                    (IV) a teleconferencing or video 
                                conferencing service that allows 
                                reception and transmission of audio or 
                                video signals for real-time 
                                communication, provided that--
                                            (aa) the service is not an 
                                        online platform, including a 
                                        social media service or social 
                                        network; and
                                            (bb) the real-time 
                                        communication is initiated by 
                                        using a unique link or 
                                        identifier to facilitate 
                                        access; or
                                    (V) a wireless messaging service, 
                                including such a service provided 
                                through short messaging service or 
                                multimedia messaging service protocols, 
                                that is not a component of, or linked 
                                to, an online platform and where the 
                                predominant or exclusive function is 
                                direct messaging consisting of the 
                                transmission of text, photos or videos 
                                that are sent by electronic means, 
                                where messages are transmitted from the 
                                sender to a recipient, and are not 
                                posted within an online platform or 
                                publicly;
                            (ii) an organization not organized to carry 
                        on business for its own profit or that of its 
                        members;
                            (iii) any public or private preschool, 
                        elementary, or secondary school, or any 
                        institution of vocational, professional, or 
                        higher education;
                            (iv) a library (as defined in section 
                        213(1) of the Library Services and Technology 
                        Act (20 U.S.C. 9122(1)));
                            (v) a news or sports news and coverage 
                        website or app where--
                                    (I) the inclusion of video content 
                                on the website or app is related to the 
                                website or app's own gathering, 
                                reporting, or publishing of news 
                                content or sports news and coverage; 
                                and
                                    (II) the website or app is not 
                                otherwise an online platform;
                            (vi) a product or service that primarily 
                        functions as business-to-business software, a 
                        cloud storage, file sharing, or file 
                        collaboration service, provided that the 
                        product or service is not an online platform; 
                        or
                            (vii) a virtual private network or similar 
                        service that exists solely to route internet 
                        traffic between locations.
            (4) Design feature.--The term ``design feature'' means any 
        feature or component of a covered platform that will encourage 
        or increase the frequency, time spent, or activity of minors on 
        the covered platform. Design features include, but are not 
        limited to--
                    (A) infinite scrolling or auto play;
                    (B) rewards for time spent on the platform;
                    (C) notifications;
                    (D) push alerts that urge a user to spend more time 
                engaged with the platform when they are not actively 
                using it;
                    (E) badges or other visual award symbols based on 
                elevated levels of engagement with the platform;
                    (F) personalized recommendation systems;
                    (G) in-game purchases; or
                    (H) appearance altering filters.
            (5) High impact online company.--The term ``high impact 
        online company'' means an online platform or online video game 
        that provides any internet-accessible platform where--
                    (A) such online platform or online video game 
                generates $2,500,000,000 or more in annual revenue, 
                including the revenue generated by any affiliate of 
                such covered platform; or
                    (B) such online platform or online video game has 
                150,000,000 or more global monthly active users for not 
                fewer than 3 of the preceding 12 months on the online 
                product or service of such covered platform; and
                    (C) such online platform or online video game 
                constitutes an online product or service that is 
                primarily used by users to access or share, user-
                generated content.
            (6) Know; knows.--The term ``know'' or ``knows'' means--
                    (A) with respect to a high impact online company, 
                the platform knew or should have known the individual 
                was a child or minor;
                    (B) with respect to a covered platform that had an 
                annual gross revenue of $200,000,000 or more, collects 
                the personal information of 200,000 individuals or 
                more, and does not meet the qualifications of 
                subparagraph (A), that covered platform knew or acted 
                in willful disregard of the fact that the individual 
                was a child or minor; and
                    (C) with respect to a covered platform that does 
                not meet the requirements of subparagraph (A) or (B), 
                actual knowledge.
            (7) Mental health disorder.--The term ``mental health 
        disorder'' has the meaning given the term ``mental disorder'' 
        in the Diagnostic and Statistical Manual of Mental Health 
        Disorders, 5th Edition (or the most current successor edition).
            (8) Microtransaction.--
                    (A) In general.--The term ``microtransaction'' 
                means a purchase made in an online video game 
                (including a purchase made using a virtual currency 
                that is purchasable or redeemable using cash or credit 
                or that is included as part of a paid subscription 
                service).
                    (B) Inclusions.--Such term includes a purchase 
                involving surprise mechanics, new characters, or in-
                game items.
                    (C) Exclusions.--Such term does not include--
                            (i) a purchase made in an online video game 
                        using a virtual currency that is earned through 
                        gameplay and is not otherwise purchasable or 
                        redeemable using cash or credit or included as 
                        part of a paid subscription service; or
                            (ii) a purchase of additional levels within 
                        the game or an overall expansion of the game.
            (9) Minor.--The term ``minor'' means an individual who is 
        under the age of 17.
            (10) Online platform.--
                    (A) In general.--The term ``online platform'' means 
                any public-facing website, online service, online 
                application, or mobile application that predominantly 
                provides a community forum for user-generated content.
                    (B) Inclusions.--Such term includes sharing videos, 
                images, games, audio files, or other content, including 
                a social media service, social network, or virtual 
                reality environment.
                    (C) Exclusions.--Such term does not include chats, 
                comments, or other interactive functionalities of the 
                community forum that is incidental to the predominant 
                purpose of the website, online service, online 
                application, or mobile application.
            (11) Online video game.--The term ``online video game'' 
        means a video game, including an educational video game, that 
        connects to the internet and that allows a user to--
                    (A) create and upload content other than content 
                that is incidental to gameplay, such as character or 
                level designs created by the user, preselected phrases, 
                or short interactions with other users;
                    (B) engage in microtransactions within the game; or
                    (C) communicate with other users.
            (12) Parent.--The term ``parent'' has the meaning given 
        that term in section 1302 of the Children's Online Privacy 
        Protection Act (15 U.S.C. 6501).
            (13) Personal data.--The term ``personal data'' has the 
        same meaning as the term ``personal information'' as defined in 
        section 1302 of the Children's Online Privacy Protection Act 
        (15 U.S.C. 6501).
            (14) Personalized recommendation system.--
                    (A) In general.--The term ``personalized 
                recommendation system'' means a fully or partially 
                automated system used to suggest, promote, rank, or 
                recommend content, including other users, hashtags, or 
                posts, based on the personal data of users.
                    (B) Exclusions.--The term ``personalized 
                recommendation system'' does not include--
                            (i) systems that suggests, promotes, or 
                        ranks content based solely on the user's 
                        language, city or town, or age;
                            (ii) technical means that do not fully 
                        automate or replace human decision-making 
                        processes;
                            (iii) technical means that are designed to 
                        block, detect, identify, or prevent a user from 
                        accessing inappropriate, unlawful, or harmful 
                        content; or
                            (iv) technical means designed to prevent or 
                        detect fraud, malicious conduct or other 
                        illegal activity, or preserve the integrity or 
                        security of systems, products, or services.
            (15) Sexual exploitation and abuse.--The term ``sexual 
        exploitation and abuse'' means any of the following:
                    (A) Coercion and enticement, as described in 
                section 2422 of title 18, United States Code.
                    (B) Child sexual abuse material, as described in 
                sections 2251, 2252, 2252A, and 2260 of title 18, 
                United States Code.
                    (C) Trafficking for the production of images, as 
                described in section 2251A of title 18, United States 
                Code.
                    (D) Sex trafficking of children, as described in 
                section 1591 of title 18, United States Code.
            (16) User.--The term ``user'' means, with respect to a 
        covered platform, an individual who registers an account or 
        creates a profile on the covered platform.

SEC. 102. DUTY OF CARE.

    (a) Prevention of Harm to Minors.--A high impact online company 
shall exercise reasonable care in the creation and implementation of 
any design feature to prevent and mitigate the following harms to 
minors:
            (1) Consistent with evidence-informed medical information, 
        the following mental health disorders: anxiety, depression, 
        eating disorders, substance use disorders, and suicidal 
        behaviors.
            (2) Patterns of use that indicate or encourage compulsive 
        usage by minors.
            (3) Physical violence (as defined in 18 U.S.C. 16), 
        cyberbullying and discriminatory harassment of a minor.
            (4) Sexual exploitation and abuse of minors.
            (5) Promotion and marketing of narcotic drugs (as defined 
        in section 102 of the Controlled Substances Act (21 U.S.C. 
        802)), tobacco products, gambling, or alcohol.
    (b) Limitation.--Nothing in subsection (a) shall be construed to 
require a high impact online company to prevent or preclude--
            (1) any minor from deliberately and independently searching 
        for, or specifically requesting, content; or
            (2) the high impact online company or individuals on the 
        platform from providing resources for the prevention or 
        mitigation of the harms described in subsection (a), including 
        evidence-informed information and clinical resources.

SEC. 103. SAFEGUARDS FOR MINORS.

    (a) Safeguards for Minors.--
            (1) Safeguards.--A covered platform shall provide a user or 
        visitor that the covered platform knows is a minor with readily 
        accessible and easy-to-use safeguards to, as applicable--
                    (A) limit the ability of other users or visitors to 
                communicate with the minor;
                    (B) limit design features that encourage or 
                increase the frequency, time spent, or activity of 
                minors on the covered platform, such as infinite 
                scrolling, auto playing, rewards for time spent on the 
                platform, notifications, badges, push alerts, and other 
                interactive elements that result in compulsive usage of 
                the covered platform by the minor; and
                    (C) control personalized recommendation systems, 
                including the ability for a minor to have--
                            (i) the option of opting out of such 
                        personalized recommendation systems, while 
                        still allowing the display of content based on 
                        a chronological format;
                            (ii) the option of limiting types or 
                        categories of recommendations from such 
                        systems; or
                            (iii) both such options.
            (2) Options.--A covered platform shall provide a user that 
        the covered platform knows is a minor with readily accessible 
        and easy-to-use options to limit the amount of time spent by 
        the minor on the covered platform.
            (3) Default safeguard settings for minors.--A covered 
        platform shall provide that, in the case of a user or visitor 
        that the platform knows is a minor, the default setting for any 
        safeguard described under paragraph (1) shall be the option 
        available on the platform that provides the most protective 
        level of control that is offered by the platform over safety 
        for that user or visitor, unless otherwise enabled by the 
        parent.
    (b) Parental Tools.--
            (1) Tools.--A covered platform shall provide readily 
        accessible and easy-to-use settings for parents to support a 
        user that the platform knows is a minor with respect to the 
        user's use of the platform.
            (2) Requirements.--The parental tools provided by a covered 
        platform shall include--
                    (A) the ability to manage a minor's account 
                settings, including the safeguards and options 
                established under subsection (a), in a manner that 
                allows parents to--
                            (i) view the account settings; and
                            (ii) in the case of a user that the 
                        platform knows is a child, change and control 
                        the account settings;
                    (B) the ability to restrict purchases and financial 
                transactions by the minor, where applicable; and
                    (C) the ability to view metrics of total time spent 
                on the covered platform and restrict time spent on the 
                covered platform by the minor.
            (3) Notice to minors.--A covered platform shall provide 
        clear and conspicuous notice to a user when the tools described 
        in this subsection are in effect and what settings or controls 
        have been applied.
            (4) Default tools.--A covered platform shall provide that, 
        in the case of a user that the platform knows is a child, the 
        tools required under paragraph (1) shall be enabled by default.
            (5) Application to existing accounts.--If, prior to the 
        effective date of this subsection, a covered platform provided 
        a parent of a user that the platform knows is a child with 
        notice and the ability to enable the parental tools described 
        under this subsection in a manner that would otherwise comply 
        with this subsection, and the parent opted out of enabling such 
        tools, the covered platform is not required to enable such 
        tools with respect to such user by default when this subsection 
        takes effect.
    (c) Reporting Mechanism.--
            (1) Reports submitted by parents, minors, and schools.--A 
        covered platform shall provide--
                    (A) a readily accessible and easy-to-use means to 
                submit reports to the covered platform of harms to a 
                minor;
                    (B) an electronic point of contact specific to 
                matters involving harms to a minor; and
                    (C) confirmation of the receipt of such a report 
                and, within the applicable time period described in 
                paragraph (2), a substantive response to the individual 
                that submitted the report.
            (2) Timing.--A covered platform shall establish an internal 
        process to receive and substantively respond to such reports in 
        a reasonable and timely manner, but in no case later than--
                    (A) 10 days after the receipt of a report, if, for 
                the most recent calendar year, the platform averaged 
                more than 10,000,000 active users on a monthly basis in 
                the United States;
                    (B) 21 days after the receipt of a report, if, for 
                the most recent calendar year, the platform averaged 
                less than 10,000,000 active users on a monthly basis in 
                the United States; and
                    (C) notwithstanding subparagraphs (A) and (B), if 
                the report involves an imminent threat to the safety of 
                a minor, as promptly as needed to address the reported 
                threat to safety.
    (d) Advertising of Illegal Products.--A covered platform shall not 
facilitate the advertising of narcotic drugs (as defined in section 102 
of the Controlled Substances Act (21 U.S.C. 802)), tobacco products, 
gambling, or alcohol to an individual that the covered platform knows 
is a minor.
    (e) Rules of Application.--
            (1) Accessibility.--With respect to safeguards and parental 
        tools described under subsections (a) and (b), a covered 
        platform shall provide--
                    (A) information and control options in a clear and 
                conspicuous manner that takes into consideration the 
                differing ages, capacities, and developmental needs of 
                the minors most likely to access the covered platform 
                and does not encourage minors or parents to weaken or 
                disable safeguards or parental tools;
                    (B) readily accessible and easy-to-use controls to 
                enable or disable safeguards or parental tools, as 
                appropriate; and
                    (C) information and control options in the same 
                language, form, and manner as the covered platform 
                provides the product or service used by minors and 
                their parents.
            (2) Dark patterns prohibition.--It shall be unlawful for 
        any covered platform to design, embed, modify, or manipulate a 
        user interface of a covered platform with the purpose or 
        substantial effect of obscuring, subverting, or impairing user 
        autonomy, decision making, or choice with respect to safeguards 
        or parental tools required under this section.
            (3) Timing considerations.--
                    (A) No interruption to gameplay.--Subsections 
                (a)(1)(C) and (b)(3) shall not require an online video 
                game to interrupt the natural sequence of game play, 
                such as progressing through game levels or finishing a 
                competition.
                    (B) Application of changes to offline devices or 
                accounts.--If a user's device or user account does not 
                have access to the internet at the time of a change to 
                parental tools, a covered platform shall apply changes 
                the next time the device or user is connected to the 
                internet.
            (4) Rules of construction.--Nothing in this section shall 
        be construed to--
                    (A) prevent a covered platform from taking 
                reasonable measures to--
                            (i) block, detect, or prevent the 
                        distribution of unlawful, obscene, or other 
                        harmful material to minors as described in 
                        section 102(a); or
                            (ii) block or filter spam, prevent criminal 
                        activity, or protect the security of a platform 
                        or service;
                    (B) require the disclosure of a minor's browsing 
                behavior, search history, messages, contact list, or 
                other content or metadata of their communications;
                    (C) prevent a covered platform from using a 
                personalized recommendation system to display content 
                to a minor if the system only uses information on--
                            (i) the language spoken by the minor;
                            (ii) the city the minor is located in; or
                            (iii) the minor's age; or
                    (D) prevent an online video game from disclosing a 
                username or other user identification for the purpose 
                of competitive gameplay or to allow for the reporting 
                of users.
    (f) Device or Console Controls.--
            (1) In general.--Nothing in this section shall be construed 
        to prohibit a covered platform from integrating its products or 
        service with, or duplicate controls or tools provided by, 
        third-party systems, including operating systems or gaming 
        consoles, to meet the requirements imposed under subsections 
        (a) and (b) relating to safeguards for minors and parental 
        tools, provided that--
                    (A) the controls or tools meet such requirements; 
                and
                    (B) the minor or parent is provided sufficient 
                notice of the integration and use of the parental 
                tools.
            (2) Preservation of protections.--In the event of a 
        conflict between the controls or tools of a third-party system, 
        including operating systems or gaming consoles, and a covered 
        platform, the covered platform is not required to override the 
        controls or tools of a third-party system if it would undermine 
        the protections for minors from the safeguards or parental 
        tools imposed under subsections (a) and (b).

SEC. 104. DISCLOSURE.

    (a) Notice.--
            (1) Registration or purchase.--Prior to registration or 
        purchase of a covered platform by an individual that the 
        platform knows is a minor, the platform shall provide clear, 
        conspicuous, and easy-to-understand--
                    (A) notice of the policies and practices of the 
                covered platform with respect to safeguards for minors;
                    (B) information about how to access the safeguards 
                and parental tools required under section 103; and
                    (C) notice about whether the covered platform uses 
                or makes available to minors a product, service, or 
                design feature, including any personalized 
                recommendation system, that poses any heightened risk 
                of harm to minors.
            (2) Notification.--
                    (A) Notice and acknowledgment.--In the case of an 
                individual that a covered platform knows is a child, 
                the platform shall additionally provide information 
                about the parental tools and safeguards required under 
                section 103 to a parent of the child and obtain 
                verifiable parental consent (as defined in section 
                1302(9) of the Children's Online Privacy Protection Act 
                (15 U.S.C. 6501(9))) from the parent prior to the 
                initial use of the covered platform by the child.
                    (B) Reasonable effort.--A covered platform shall be 
                deemed to have satisfied the requirement described in 
                subparagraph (A) if the covered platform is in 
                compliance with the requirements of the Children's 
                Online Privacy Protection Act (15 U.S.C. 6501 et seq.) 
                to use reasonable efforts (taking into consideration 
                available technology) to provide a parent with the 
                information described in subparagraph (A) and to obtain 
                verifiable parental consent as required.
            (3) Consolidated notices.--For purposes of this Act, a 
        covered platform may consolidate the process for providing 
        information under this subsection and obtaining verifiable 
        parental consent or the consent of the minor involved (as 
        applicable) as required under this subsection with its 
        obligations to provide relevant notice and obtain verifiable 
        consent under the Children's Online Privacy Protection Act (15 
        U.S.C. 6501 et seq.).
            (4) Guidance.--The Federal Trade Commission may issue 
        guidance to assist covered platforms in complying with the 
        specific notice requirements of this subsection.
    (b) Personalized Recommendation System.--A covered platform that 
operates a personalized recommendation system shall set out in its 
terms and conditions, in a clear, conspicuous, and easy-to-understand 
manner--
            (1) an overview of how such personalized recommendation 
        system is used by the covered platform to provide information 
        to minors; and
            (2) information about options for minors or their parents 
        to opt out of or control the personalized recommendation system 
        (as applicable).
    (c) Resources for Parents and Minors.--A covered platform shall 
provide to minors and parents clear, conspicuous, easy-to-understand, 
and comprehensive information in a prominent location, which may 
include a link to a web page, regarding--
            (1) its policies and practices with respect to safeguards 
        for minors; and
            (2) how to access the safeguards and tools required under 
        section 103.
    (d) Resources in Additional Languages.--A covered platform shall 
ensure, to the extent practicable, that the disclosures required by 
this section are made available in the same language, form, and manner 
as the covered platform provides any product or service used by minors 
and their parents.

SEC. 105. TRANSPARENCY.

    (a) In General.--Subject to subsection (b), not less frequently 
than once a year, a covered platform shall issue a public report 
describing the reasonably foreseeable risks of harms to minors and 
assessing the prevention and mitigation measures taken to address such 
risk based on an independent, third-party audit conducted through 
reasonable inspection of the covered platform.
    (b) Scope of Application.--The requirements of this section shall 
apply to a covered platform if--
            (1) for the most recent calendar year, the platform 
        averaged more than 10,000,000 active users on a monthly basis 
        in the United States; and
            (2) the platform predominantly provides a community forum 
        for user-generated content and discussion, including sharing 
        videos, images, games, audio files, discussion in a virtual 
        setting, or other content, such as acting as a social media 
        platform, virtual reality environment, or a social network 
        service.
    (c) Content.--
            (1) Transparency.--The public reports required of a covered 
        platform under this section shall include--
                    (A) an assessment of the extent to which the 
                platform is likely to be accessed by minors;
                    (B) a description of the commercial interests of 
                the covered platform in use by minors;
                    (C) an accounting, based on the data held by the 
                covered platform, of--
                            (i) the number of users using the covered 
                        platform that the platform knows to be minors 
                        in the United States;
                            (ii) the median and mean amounts of time 
                        spent on the platform by users known to be 
                        minors in the United States who have accessed 
                        the platform during the reporting year on a 
                        daily, weekly, and monthly basis; and
                            (iii) the amount of content being accessed 
                        by users that the platform knows to be minors 
                        in the United States that is in English, and 
                        the top 5 non-English languages used by users 
                        accessing the platform in the United States;
                    (D) an accounting of total reports received 
                regarding, and the prevalence (which can be based on 
                scientifically valid sampling methods using the content 
                available to the covered platform in the normal course 
                of business) of content related to, the harms described 
                in section 102(a), disaggregated by category of harm 
                and language, including English and the top 5 non-
                English languages used by users accessing the platform 
                from the United States (as identified under 
                subparagraph (C)(iii)); and
                    (E) a description of any material breaches of 
                parental tools or assurances regarding minors, and 
                other matters regarding non-compliance with this Act.
            (2) Reasonably foreseeable risk of harm to minors.--The 
        public reports required of a covered platform under this 
        section shall include--
                    (A) an assessment of the reasonably foreseeable 
                risk of harms to minors posed by the covered platform, 
                specifically identifying those physical, mental, 
                developmental, or financial harms described in section 
                102(a);
                    (B) a description of whether and how the covered 
                platform uses design features that encourage or 
                increase the frequency, time spent, or activity of 
                minors on the covered platform, such as infinite 
                scrolling, auto playing, rewards for time spent on the 
                platform, notifications, and other design features that 
                result in compulsive usage of the covered platform by 
                the minor;
                    (C) a description of whether, how, and for what 
                purpose the platform collects or processes categories 
                of personal data that may cause reasonably foreseeable 
                risk of harms to minors;
                    (D) an evaluation of the efficacy of safeguards for 
                minors and parental tools under section 103, and any 
                issues in delivering such safeguards and the associated 
                parental tools;
                    (E) an evaluation of any other relevant matters of 
                public concern over risk of harms to minors associated 
                with the use of the covered platform; and
                    (F) an assessment of differences in risk of harm to 
                minors across different English and non-English 
                languages and efficacy of safeguards in those 
                languages.
            (3) Mitigation.--The public reports required of a covered 
        platform under this section shall include, for English and the 
        top 5 non-English languages used by users accessing the 
        platform from the United States (as identified under paragraph 
        (2)(C)(iii))--
                    (A) a description of the safeguards and parental 
                tools available to minors and parents on the covered 
                platform;
                    (B) a description of interventions by the covered 
                platform when it had or has reason to believe that 
                harms to minors could occur;
                    (C) a description of the prevention and mitigation 
                measures intended to be taken in response to the known 
                and emerging risks identified in its assessment of 
                reasonably foreseeable risks of harms to minors, 
                including steps taken to--
                            (i) prevent harms to minors, including 
                        adapting or removing design features or 
                        addressing through parental tools;
                            (ii) provide the most protective level of 
                        control over safety by default; and
                            (iii) adapt recommendation systems to 
                        mitigate reasonably foreseeable risk of harms 
                        to minors, as described in section 102(a);
                    (D) a description of internal processes for 
                handling reports and automated detection mechanisms for 
                harms to minors, including the rate, timeliness, and 
                effectiveness of responses under the requirement of 
                section 103(c);
                    (E) the status of implementing prevention and 
                mitigation measures identified in prior assessments; 
                and
                    (F) a description of the additional measures to be 
                taken by the covered platform to address the 
                circumvention of safeguards for minors and parental 
                tools.
    (d) Reasonable Inspection.--In conducting an inspection of the 
reasonably foreseeable risk of harm to minors under this section, an 
independent, third-party auditor shall--
            (1) take into consideration the function of personalized 
        recommendation systems;
            (2) consult parents and youth experts, including youth and 
        families with relevant past or current experience, public 
        health and mental health nonprofit organizations, health and 
        development organizations, and civil society with respect to 
        the prevention of harms to minors;
            (3) conduct research based on experiences of minors that 
        use the covered platform, including reports under section 
        103(c) and information provided by law enforcement;
            (4) take account of research, including research regarding 
        design features, marketing, or product integrity, industry best 
        practices, or outside research;
            (5) consider indicia or inferences of age of users, in 
        addition to any self-declared information about the age of 
        users; and
            (6) take into consideration differences in risk of 
        reasonably foreseeable harms and effectiveness of safeguards 
        across English and non-English languages.
    (e) Cooperation With Independent, Third-Party Audit.--To facilitate 
the report required by subsection (c), a covered platform shall--
            (1) provide or otherwise make available to the independent 
        third-party conducting the audit all information and material 
        in its possession, custody, or control that is relevant to the 
        audit;
            (2) provide or otherwise make available to the independent 
        third-party conducting the audit access to all network, 
        systems, and assets relevant to the audit; and
            (3) disclose all relevant facts to the independent third-
        party conducting the audit, and not misrepresent in any manner, 
        expressly or by implication, any relevant fact.
    (f) Privacy Safeguards.--
            (1) In general.--In issuing the public reports required 
        under this section, a covered platform shall take steps to 
        safeguard the privacy of its users, including ensuring that 
        data is presented in a de-identified, aggregated format such 
        that it is not reasonably linkable to any user.
            (2) Rule of construction.--This section shall not be 
        construed to require the disclosure of information that will 
        lead to material vulnerabilities for the privacy of users or 
        the security of a covered platform's service or create a 
        significant risk of the violation of Federal or State law.
            (3) Definition of de-identified.--As used in this 
        subsection, the term ``de-identified'' means data that does not 
        identify and is not linked or reasonably linkable to a device 
        that is linked or reasonably linkable to an individual, 
        regardless of whether the information is aggregated.
    (g) Location.--The public reports required under this section 
should be posted by a covered platform on an easy to find location on a 
publicly available website.

SEC. 106. RESEARCH ON SOCIAL MEDIA AND MINORS.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) National academy.--The term ``National Academy'' means 
        the National Academy of Sciences.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
    (b) Research on Social Media Harms.--Not later than 12 months after 
the date of enactment of this Act, the Commission shall seek to enter 
into a contract with the National Academy, under which the National 
Academy shall conduct no less than 5 scientific, comprehensive studies 
and reports on the risk of harms to minors by use of social media and 
other online platforms, including in English and non-English languages.
    (c) Matters To Be Addressed.--In contracting with the National 
Academy, the Commission, in consultation with the Secretary, shall seek 
to commission separate studies and reports, using the Commission's 
authority under section 6(b) of the Federal Trade Commission Act (15 
U.S.C. 46(b)), on the relationship between social media and other 
online platforms as defined in this Act on the following matters:
            (1) Anxiety, depression, eating disorders, and suicidal 
        behaviors.
            (2) Substance use disorders and the use of narcotic drugs, 
        tobacco products, gambling, or alcohol by minors.
            (3) Sexual exploitation and abuse.
            (4) Addiction-like use of social media and design factors 
        that lead to unhealthy and harmful overuse of social media.
    (d) Additional Study.--Not earlier than 4 years after enactment, 
the Commission shall seek to enter into a contract with the National 
Academy under which the National Academy shall conduct an additional 
study and report covering the matters described in subsection (c) for 
the purposes of providing additional information, considering new 
research, and other matters.
    (e) Content of Reports.--The comprehensive studies and reports 
conducted pursuant to this section shall seek to evaluate impacts and 
advance understanding, knowledge, and remedies regarding the harms to 
minors posed by social media and other online platforms, and may 
include recommendations related to public policy.
    (f) Active Studies.--If the National Academy is engaged in any 
active studies on the matters described in subsection (c) at the time 
that it enters into a contract with the Commission to conduct a study 
under this section, it may base the study to be conducted under this 
section on the active study, so long as it otherwise incorporates the 
requirements of this section.
    (g) Collaboration.--In designing and conducting the studies under 
this section, the Commission, the Secretary, and the National Academy 
shall consult with the Surgeon General and the Kids Online Safety 
Council.
    (h) Access to Data.--
            (1) Fact-finding authority.--The Commission may issue 
        orders under section 6(b) of the Federal Trade Commission Act 
        (15 U.S.C. 46(b)) to require covered platforms to provide 
        reports, data, or answers in writing as necessary to conduct 
        the studies required under this section.
            (2) Scope.--In exercising its authority under paragraph 
        (1), the Commission may issue orders to no more than 5 covered 
        platforms per study under this section.
            (3) Confidential access.--Notwithstanding section 6(f) or 
        21 of the Federal Trade Commission Act (15 U.S.C. 46, 57b-2), 
        the Commission shall enter in agreements with the National 
        Academy to share appropriate information received from a 
        covered platform pursuant to an order under such subsection (b) 
        for a comprehensive study under this section in a confidential 
        and secure manner, and to prohibit the disclosure or sharing of 
        such information by the National Academy. Nothing in this 
        paragraph shall be construed to preclude the disclosure of any 
        such information if authorized or required by any other law.

SEC. 107. MARKET RESEARCH.

    (a) Market Research by Covered Platforms.--The Federal Trade 
Commission, in consultation with the Secretary of Commerce, shall issue 
guidance for covered platforms seeking to conduct market- and product-
focused research on minors. Such guidance shall include--
            (1) a standard consent form that provides minors and their 
        parents a clear, conspicuous, and easy-to-understand 
        explanation of the scope and purpose of the research to be 
        conducted that is available in English and the top 5 non-
        English languages used in the United States;
            (2) information on how to obtain informed consent from the 
        parent of a minor prior to conducting such market- and product-
        focused research; and
            (3) recommendations for research practices for studies that 
        may include minors, disaggregated by the age ranges of 0-5, 6-
        9, 10-12, and 13-16.
    (b) Timing.--The Federal Trade Commission shall issue such guidance 
not later than 18 months after the date of enactment of this Act. In 
doing so, they shall seek input from members of the public and the 
representatives of the Kids Online Safety Council established under 
section 111.

SEC. 108. AGE VERIFICATION STUDY AND REPORT.

    (a) Study.--The Secretary of Commerce, in coordination with the 
Federal Communications Commission and Federal Trade Commission, shall 
conduct a study evaluating the most technologically feasible methods 
and options for developing systems to verify age at the device or 
operating system level.
    (b) Contents.--Such study shall consider--
            (1) the benefits of creating a device or operating system 
        level age verification system;
            (2) what information may need to be collected to create 
        this type of age verification system;
            (3) the accuracy of such systems and their impact or steps 
        to improve accessibility, including for individuals with 
        disabilities;
            (4) how such a system or systems could verify age while 
        mitigating risks to user privacy and data security and 
        safeguarding minors' personal data, emphasizing minimizing the 
        amount of data collected and processed by covered platforms and 
        age verification providers for such a system;
            (5) the technical feasibility, including the need for 
        potential hardware and software changes, including for devices 
        currently in commerce and owned by consumers; and
            (6) the impact of different age verification systems on 
        competition, particularly the risk of different age 
        verification systems creating barriers to entry for small 
        companies.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the agencies described in subsection (a) shall submit a 
report containing the results of the study conducted under such 
subsection to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Energy and Commerce of the House of 
Representatives.

SEC. 109. GUIDANCE.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Federal Trade Commission, in consultation 
with the Kids Online Safety Council established under section 111, 
shall issue guidance to--
            (1) provide information and examples for covered platforms 
        and auditors regarding, with consideration given to differences 
        across English and non-English languages--
                    (A) identifying design features that encourage or 
                increase the frequency, time spent, or activity of 
                minors on the covered platform;
                    (B) safeguarding minors against the possible misuse 
                of parental tools;
                    (C) best practices in providing minors and parents 
                the most protective level of control over safety;
                    (D) using indicia or inferences of age of users for 
                assessing use of the covered platform by minors;
                    (E) methods for evaluating the efficacy of 
                safeguards set forth in this Act; and
                    (F) providing additional parental tool options that 
                allow parents to address the harms described in section 
                102(a); and
            (2) outline conduct that does not have the purpose or 
        substantial effect of subverting or impairing user autonomy, 
        decision making, or choice, or of causing, increasing, or 
        encouraging compulsive usage for a minor, such as--
                    (A) de minimis user interface changes derived from 
                testing consumer preferences, including different 
                styles, layouts, or text, where such changes are not 
                done with the purpose of weakening or disabling 
                safeguards or parental tools; and
                    (B) establishing default settings that provide 
                enhanced protection to users or otherwise enhance their 
                autonomy and decision-making ability.
    (b) Guidance to Schools.--Not later than 18 months after the date 
of enactment of this Act, the Secretary of Education, in consultation 
with the Federal Trade Commission and the Kids Online Safety Council 
established under section 111, shall issue guidance to assist 
elementary and secondary schools in using the notice, safeguards and 
tools provided under this Act and providing information on online 
safety for students and teachers.
    (c) Limitation on Federal Trade Commission Guidance.--
            (1) Effect of guidance.--No guidance issued by the Federal 
        Trade Commission with respect to this Act shall--
                    (A) confer any rights on any person, State, or 
                locality; or
                    (B) operate to bind the Federal Trade Commission or 
                any court, person, State, or locality to the approach 
                recommended in such guidance.
            (2) Use in enforcement actions.--In any enforcement action 
        brought pursuant to this Act, the Federal Trade Commission or a 
        State attorney general, as applicable--
                    (A) shall allege a violation of a provision of this 
                Act; and
                    (B) may not base such enforcement action on, or 
                execute a consent order based on, practices that are 
                alleged to be inconsistent with guidance issued by the 
                Federal Trade Commission with respect to this Act, 
                unless the practices are alleged to violate a provision 
                of this Act.

SEC. 110. ENFORCEMENT.

    (a) Enforcement by Federal Trade Commission.--
            (1) Unfair and deceptive acts or practices.--A violation of 
        this Act shall be treated as a violation of a rule defining an 
        unfair or deceptive act or practice prescribed under section 
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
        57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--The Federal Trade Commission 
                (referred to in this section as the ``Commission'') 
                shall enforce this 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.
                    (B) Privileges and immunities.--Any person that 
                violates this Act shall be subject to the penalties, 
                and entitled to the privileges and immunities, provided 
                in the Federal Trade Commission Act (15 U.S.C. 41 et 
                seq.).
            (3) Authority preserved.--Nothing in this Act shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.
    (b) Enforcement by State Attorneys General.--
            (1) In general.--
                    (A) Civil actions.--In any case in which the 
                attorney general of a State has reason to believe that 
                a covered platform has violated or is violating section 
                103, 104, or 105, the State, as parens patriae, may 
                bring a civil action on behalf of the residents of the 
                State in a district court of the United States or a 
                State court of appropriate jurisdiction to--
                            (i) enjoin any practice that violates 
                        section 103, 104, or 105;
                            (ii) enforce compliance with section 103, 
                        104, or 105;
                            (iii) on behalf of residents of the State, 
                        obtain damages, restitution, or other 
                        compensation, each of which shall be 
                        distributed in accordance with State law; or
                            (iv) obtain such other relief as the court 
                        may consider to be appropriate.
                    (B) Notice.--
                            (i) In general.--Before filing an action 
                        under subparagraph (A), the attorney general of 
                        the State involved shall provide to the 
                        Commission--
                                    (I) written notice of that action; 
                                and
                                    (II) a copy of the complaint for 
                                that action.
                            (ii) Exemption.--
                                    (I) In general.--Clause (i) shall 
                                not apply with respect to the filing of 
                                an action by an attorney general of a 
                                State under this paragraph if the 
                                attorney general of the State 
                                determines that it is not feasible to 
                                provide the notice described in that 
                                clause before the filing of the action.
                                    (II) Notification.--In an action 
                                described in subclause (I), the 
                                attorney general of a State shall 
                                provide notice and a copy of the 
                                complaint to the Commission at the same 
                                time as the attorney general files the 
                                action.
            (2) Intervention.--
                    (A) In general.--On receiving notice under 
                paragraph (1)(B), the Commission shall have the right 
                to intervene in the action that is the subject of the 
                notice.
                    (B) Effect of intervention.--If the Commission 
                intervenes in an action under paragraph (1), it shall 
                have the right--
                            (i) to be heard with respect to any matter 
                        that arises in that action; and
                            (ii) to file a petition for appeal.
            (3) Construction.--For purposes of bringing any civil 
        action under paragraph (1), nothing in this Act 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 Act, no State may, during the pendency of 
        that action, institute a separate action under paragraph (1) 
        against any defendant named in the complaint in the action 
        instituted by or on behalf of the Commission for that 
        violation.
            (5) Venue; service of process.--
                    (A) Venue.--Any action brought under paragraph (1) 
                may be brought in--
                            (i) the district court of the United States 
                        that meets applicable requirements relating to 
                        venue under section 1391 of title 28, United 
                        States Code; or
                            (ii) a State court of competent 
                        jurisdiction.
                    (B) Service of process.--In an action brought under 
                paragraph (1) in a district court of the United States, 
                process may be served wherever defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.
            (6) Limitation.--A violation of section 102 shall not form 
        the basis of liability in any action brought by the attorney 
        general of a State under a State law.

SEC. 111. KIDS ONLINE SAFETY COUNCIL.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Commerce shall establish and 
convene the Kids Online Safety Council for the purpose of providing 
advice on matters related to this Act.
    (b) Participation.--The Kids Online Safety Council shall include 
diverse participation from--
            (1) academic experts, health professionals, and members of 
        civil society with expertise in mental health, substance use 
        disorders, and the prevention of harms to minors;
            (2) representatives in academia and civil society with 
        specific expertise in privacy and civil liberties;
            (3) parents and youth representation;
            (4) representatives of covered platforms;
            (5) representatives of the National Telecommunications and 
        Information Administration, the National Institute of Standards 
        and Technology, the Federal Trade Commission, the Department of 
        Justice, and the Department of Health and Human Services;
            (6) State attorneys general or their designees acting in 
        State or local government;
            (7) educators; and
            (8) representatives of communities of socially 
        disadvantaged individuals (as defined in section 8 of the Small 
        Business Act (15 U.S.C. 637)).
    (c) Activities.--The matters to be addressed by the Kids Online 
Safety Council shall include--
            (1) identifying emerging or current risks of harms to 
        minors associated with online platforms;
            (2) recommending measures and methods for assessing, 
        preventing, and mitigating harms to minors online;
            (3) recommending methods and themes for conducting research 
        regarding online harms to minors, including in English and non-
        English languages; and
            (4) recommending best practices and clear, consensus-based 
        technical standards for transparency reports and audits, as 
        required under this Act, including methods, criteria, and scope 
        to promote overall accountability.
    (d) Non-Applicability of FACA.--The Kids Online Safety Council 
shall not be subject to chapter 10 of title 5, United States Code 
(commonly referred to as the ``Federal Advisory Committee Act'').

SEC. 112. EFFECTIVE DATE.

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

SEC. 113. RULES OF CONSTRUCTION AND OTHER MATTERS.

    (a) Relationship to Other Laws.--Nothing in this title shall be 
construed to--
            (1) preempt section 444 of the General Education Provisions 
        Act (20 U.S.C. 1232g, commonly known as the ``Family 
        Educational Rights and Privacy Act of 1974'') or other Federal 
        or State laws governing student privacy;
            (2) preempt the Children's Online Privacy Protection Act of 
        1998 (15 U.S.C. 6501 et seq.) or any rule or regulation 
        promulgated under such Act; or
            (3) authorize any action that would conflict with section 
        18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).
    (b) Protections for Privacy.--Nothing in this title shall be 
construed to require--
            (1) the affirmative collection of any personal data with 
        respect to the age of users that a covered platform is not 
        already collecting in the normal course of business; or
            (2) a covered platform to implement an age gating or age 
        verification functionality.
    (c) Compliance.--Nothing in this title shall be construed to 
restrict a covered platform's ability to--
            (1) cooperate with law enforcement agencies regarding 
        activity that the covered platform reasonably and in good faith 
        believes may violate Federal, State, or local laws, rules, or 
        regulations;
            (2) comply with a lawful civil, criminal, or regulatory 
        inquiry, subpoena, or summons by Federal, State, local, or 
        other government authorities;
            (3) prevent, detect, protect against, or respond to 
        security incidents, identity theft, fraud, harassment, 
        malicious or deceptive activities, or any illegal activity; 
        preserve the integrity or security of systems; or investigate, 
        report, or prosecute those responsible for any such action; or
            (4) investigate, establish, exercise, respond to, or defend 
        against legal claims.
    (d) Application to Video Streaming Services.--A video streaming 
service shall be deemed to be in compliance with this Act if it 
predominantly consists of news, sports, entertainment, or other video 
programming content that is preselected by the provider and not user-
generated, and--
            (1) any chat, comment, or interactive functionality is 
        provided incidental to, directly related to, or dependent on 
        provision of such content;
            (2) if such video streaming service requires account owner 
        registration and is not predominantly news or sports, the 
        service includes the capability--
                    (A) to limit a minor's access to the service, which 
                may utilize a system of age-rating;
                    (B) to limit the automatic playing of on-demand 
                content selected by a personalized recommendation 
                system for an individual that the service knows is a 
                minor;
                    (C) to provide an individual that the service knows 
                is a minor with readily accessible and easy-to-use 
                options to delete an account held by the minor on the 
                service, or, in the case of a service that allows a 
                parent to create a profile for a minor, to allow a 
                parent to delete the minor's profile;
                    (D) for a parent to manage a minor's account 
                settings, and restrict purchases and financial 
                transactions by a minor, where applicable;
                    (E) to provide an electronic point of contact 
                specific to matters described in this paragraph;
                    (F) to offer a clear, conspicuous, and easy-to-
                understand notice of its policies and practices with 
                respect the capabilities described in this paragraph; 
                and
                    (G) when providing on-demand content, to employ 
                measures that safeguard against serving advertising for 
                narcotic drugs (as defined in section 102 of the 
                Controlled Substances Act (21 U.S.C. 802)), tobacco 
                products, gambling, or alcohol directly to the account 
                or profile of an individual that the service knows is a 
                minor.

SEC. 114. SEVERABILITY.

    If any provision of this title, or an amendment made by this title, 
is determined to be unenforceable or invalid, the remaining provisions 
of this title and the amendments made by this title shall not be 
affected.

                  TITLE II--FILTER BUBBLE TRANSPARENCY

SEC. 201. DEFINITIONS.

    In this title:
            (1) Algorithmic ranking system.--The term ``algorithmic 
        ranking system'' means a computational process, including one 
        derived from algorithmic decision-making, machine learning, 
        statistical analysis, or other data processing or artificial 
        intelligence techniques, used to determine the selection, 
        order, relative prioritization, or relative prominence of 
        content from a set of information that is provided to a user on 
        an online platform, including the ranking of search results, 
        the provision of content recommendations, the display of social 
        media posts, or any other method of automated content 
        selection.
            (2) Approximate geolocation information.--The term 
        ``approximate geolocation information'' means information that 
        identifies the location of an individual, but with a precision 
        of less than 5 miles.
            (3) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (4) Connected device.--The term ``connected device'' means 
        an electronic device that--
                    (A) is capable of connecting to the internet, 
                either directly or indirectly through a network, to 
                communicate information at the direction of an 
                individual;
                    (B) has computer processing capabilities for 
                collecting, sending, receiving, or analyzing data; and
                    (C) is primarily designed for or marketed to 
                consumers.
            (5) Input-transparent algorithm.--
                    (A) In general.--The term ``input-transparent 
                algorithm'' means an algorithmic ranking system that 
                does not use the user-specific data of a user to 
                determine the selection, order, relative 
                prioritization, or relative prominence of information 
                that is furnished to such user on an online platform, 
                unless the user-specific data is expressly provided to 
                the platform by the user for such purpose.
                    (B) Data expressly provided to the platform.--For 
                purposes of subparagraph (A), user-specific data that 
                is provided by a user for the express purpose of 
                determining the selection, order, relative 
                prioritization, or relative prominence of information 
                that is furnished to such user on an online platform--
                            (i) shall include user-supplied search 
                        terms, filters, speech patterns (if provided 
                        for the purpose of enabling the platform to 
                        accept spoken input or selecting the language 
                        in which the user interacts with the platform), 
                        saved preferences, the resumption of a previous 
                        search, and the current precise geolocation 
                        information that is supplied by the user;
                            (ii) shall include the user's current 
                        approximate geolocation information;
                            (iii) shall include data submitted to the 
                        platform by the user that expresses the user's 
                        desire to receive particular information, such 
                        as the social media profiles the user follows, 
                        the video channels the user subscribes to, or 
                        other content or sources of content on the 
                        platform the user has selected;
                            (iv) shall not include the history of the 
                        user's connected device, including the user's 
                        history of web searches and browsing, previous 
                        geographical locations, physical activity, 
                        device interaction, and financial transactions; 
                        and
                            (v) shall not include inferences about the 
                        user or the user's connected device, without 
                        regard to whether such inferences are based on 
                        data described in clause (i) or (iii).
            (6) Online platform.--
                    (A) In general.--The term ``online platform'' means 
                any public-facing website, online service, online 
                application, or mobile application that predominantly 
                provides a community forum for user-generated content.
                    (B) Inclusions.--Such term includes sharing videos, 
                images, games, audio files, or other content, including 
                a social media service, social network, or virtual 
                reality environment.
                    (C) Exclusions.--Such term does not include chats, 
                comments, or other interactive functionalities of the 
                community forum that is incidental to the predominant 
                purpose of the website, online service, online 
                application, or mobile application.
            (7) Opaque algorithm.--
                    (A) In general.--The term ``opaque algorithm'' 
                means an algorithmic ranking system that determines the 
                selection, order, relative prioritization, or relative 
                prominence of information that is furnished to such 
                user on an online platform based, in whole or part, on 
                user-specific data that was not expressly provided by 
                the user to the platform for such purpose.
                    (B) Exception for age-appropriate content 
                filters.--Such term shall not include an algorithmic 
                ranking system used by an online platform if--
                            (i) the only user-specific data (including 
                        inferences about the user) that the system uses 
                        is information relating to the age of the user; 
                        and
                            (ii) such information is only used to 
                        restrict a user's access to content on the 
                        basis that the individual is not old enough to 
                        access such content.
            (8) Precise geolocation information.--The term ``precise 
        geolocation information'' means geolocation information that 
        identifies an individual's location to within a range of 5 
        miles or less.
            (9) User-specific data.--The term ``user-specific data'' 
        means information relating to an individual or a specific 
        connected device that would not necessarily be true of every 
        individual or device.

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

    (a) In General.--Beginning on the date that is 1 year after the 
date of enactment of this Act, it shall be unlawful for any person to 
operate an online platform that uses an opaque algorithm unless the 
person complies with the requirements of subsection (b).
    (b) Opaque Algorithm Requirements.--
            (1) In general.--The requirements of this subsection with 
        respect to a person that operates an online platform that uses 
        an opaque algorithm are the following:
                    (A) The person provides notice to users of the 
                platform--
                            (i) that the platform uses an opaque 
                        algorithm that uses user-specific data to 
                        select the content the user sees. Such notice 
                        shall be presented in a clear and conspicuous 
                        manner on the platform whenever the user 
                        interacts with an opaque algorithm for the 
                        first time, and may be a one-time notice that 
                        can be dismissed by the user; and
                            (ii) in the terms and conditions of the 
                        online platform, in a clear, accessible, and 
                        easily comprehensible manner that is to be 
                        updated whenever the online platform makes a 
                        material change to--
                                    (I) the most salient features, 
                                inputs, and parameters used by the 
                                algorithm;
                                    (II) how any user-specific data 
                                used by the algorithm is collected or 
                                inferred about a user of the platform, 
                                and the categories of such data;
                                    (III) any options that the online 
                                platform makes available for a user of 
                                the platform to opt out or exercise 
                                options under subparagraph (B), modify 
                                the profile of the user or to influence 
                                the features, inputs, or parameters 
                                used by the algorithm; and
                                    (IV) any quantities, such as time 
                                spent using a product or specific 
                                measures of engagement or social 
                                interaction, that the algorithm is 
                                designed to optimize, as well as a 
                                general description of the relative 
                                importance of each quantity for such 
                                ranking.
                    (B) The online platform enables users to easily 
                switch between the opaque algorithm and an input-
                transparent algorithm in their use of the platform.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to require an online platform to disclose any 
        information, including data or algorithms--
                    (A) relating to a trade secret or other protected 
                intellectual property;
                    (B) that is confidential business information; or
                    (C) that is privileged.
            (3) Prohibition on differential pricing.--An online 
        platform shall not deny, charge different prices or rates for, 
        or condition the provision of a service or product to a user 
        based on the user's election to use an input-transparent 
        algorithm in their use of the platform, as provided under 
        paragraph (1)(B).
    (c) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this section by an operator of an online platform shall be 
        treated as a violation of a rule defining an unfair or 
        deceptive act or practice prescribed under section 18(a)(1)(B) 
        of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of commission.--
                    (A) In general.--The Federal Trade Commission shall 
                enforce this section in the same manner, by the same 
                means, and with the same jurisdiction, powers, and 
                duties as though all applicable terms and provisions of 
                the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
                were incorporated into and made a part of this section.
                    (B) Privileges and immunities.--Except as provided 
                in subparagraph (C), 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 (15 U.S.C. 41 et seq.).
                    (C) Authority preserved.--Nothing in this section 
                shall be construed to limit the authority of the 
                Commission under any other provision of law.
    (d) Rule of Construction To Preserve Personalized Blocks.--Nothing 
in this section shall be construed to limit or prohibit an online 
platform's ability to, at the direction of an individual user or group 
of users, restrict another user from searching for, finding, accessing, 
or interacting with such user's or group's account, content, data, or 
online community.

SEC. 203. SEVERABILITY.

    If any provision of this title, or an amendment made by this title, 
is determined to be unenforceable or invalid, the remaining provisions 
of this title and the amendments made by this title shall not be 
affected.

                 TITLE III--RELATIONSHIP TO STATE LAWS

SEC. 301. RELATIONSHIP TO STATE LAWS.

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