[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1291 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1291
To require that social media platforms verify the age of their users,
prohibit the use of algorithmic recommendation systems on individuals
under age 18, require parental or guardian consent for social media
users under age 18, and prohibit users who are under age 13 from
accessing social media platforms.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Schatz (for himself, Mr. Cotton, Mr. Murphy, and Mrs. Britt)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require that social media platforms verify the age of their users,
prohibit the use of algorithmic recommendation systems on individuals
under age 18, require parental or guardian consent for social media
users under age 18, and prohibit users who are under age 13 from
accessing social media platforms.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Kids on Social Media
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Algorithmic recommendation system.--The term
``algorithmic recommendation system'' means a fully or
partially automated system that suggests, promotes, or ranks
information for, or presents advertising to, an individual.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Individual.--The term ``individual'' means a social
media platform user who habitually resides in the United
States.
(4) Minor.--The term ``minor'' means an individual who is
at least 13 years of age but under 18 years of age.
(5) Personal data.--The term ``personal data'' means
information that identifies or is linked or reasonably linkable
to an individual, household, or consumer device.
(6) Social media platform.--The term ``social media
platform'' means an online application or website that--
(A) offers services to users in the United States;
(B) allows users to create accounts to publish or
distribute to the public or to other users text,
images, videos, or other forms of media content; and
(C) provides the functions described in paragraph
(B) other than in support of--
(i) facilitating commercial transactions;
(ii) facilitating teleconferencing and
videoconferencing features that are limited to
certain participants in the teleconference or
videoconference and are not posted publicly or
for broad distribution to other users;
(iii) facilitating subscription-based
content or newsletters;
(iv) facilitating crowd-sourced content for
reference guides such as encyclopedias and
dictionaries;
(v) providing cloud-based electronic
storage, including cloud-based storage that
allows collaborative editing by invited users;
(vi) making video games available for play
by users;
(vii) reporting or disseminating news;
(viii) providing other kinds of information
concerning businesses, products, or travel
information, including user reviews or rankings
of such businesses, products, or other travel
information;
(ix) providing educational information or
instruction 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);
(x) facilitating electronic mail or direct
messaging between users (except for message
boards or applications where users can add
themselves to messaging groups consisting of
large numbers of users) consisting of text,
photos, or videos that are not posted publicly
and are visible only to the senders and
recipients; or
(xi) any other function that provides
content to end users but does not allow the
dissemination of user-generated content.
SEC. 3. REASONABLE STEPS FOR AGE VERIFICATION.
(a) In General.--A social media platform shall take reasonable
steps beyond merely requiring attestation, taking into account existing
age verification technologies, to verify the age of individuals who are
account holders on the platform.
(b) Restriction on Use and Retention of Information.--A social
media platform shall not--
(1) use any information collected as part of the platform's
age verification process for any other purpose; or
(2) retain any information collected from a user as part of
the age verification process except to the extent necessary to
prove that the platform has taken reasonable steps to verify
the age of the user.
(c) Rule of Construction.--Nothing in this section shall be
construed to require a social media platform to require users to
provide government-issued identification for age verification.
(d) Existing Accounts.--A social media platform shall not be
required to verify the age of account holders on the platform for any
account that, as of the date of enactment of this Act, has existed for
90 days or more, until 2 years after the date of enactment of this Act.
(e) Unverified Accounts.--A social media platform shall not permit
an individual to create a user account (or continue to use an existing
user account after the date that is 2 years after the date of enactment
of this Act) if the individual's age has not been verified.
(f) Safe Harbor.--A social media platform that, for age
verification purposes, relies in good faith on information provided by
the Pilot Program described in section 7 to verify the age of a user
shall be deemed to have taken reasonable steps to verify the age of
that user on the platform.
SEC. 4. NO CHILDREN UNDER 13.
A social media platform shall not permit an individual to use the
platform (other than merely viewing content, as long as such viewing
does not involve logging in or interacting with the content or other
users) unless the individual is known or reasonably believed to be age
13 or older according to the age verification process used by the
platform.
SEC. 5. PARENT OR GUARDIAN CONSENT FOR MINORS.
(a) In General.--A social media platform shall take reasonable
steps beyond merely requiring attestation, taking into account current
parent or guardian relationship verification technologies and
documentation, to require the affirmative consent of a parent or
guardian to create an account for any individual who the social media
platform knows or reasonably believes to be a minor according to the
age verification process used by the platform.
(b) Restriction on Use and Retention of Information.--A social
media platform shall not--
(1) use any information collected as part of the parent or
guardian consent process for any other purpose; or
(2) retain any information collected as part of the parent
or guardian verification process except to the extent necessary
to--
(A) provide confirmation of the affirmative consent
of a parent or guardian for a minor user to create an
account;
(B) preserve the ability of the parent or guardian
to revoke such consent; and
(C) prove that the platform has taken reasonable
steps to obtain the affirmative consent of a parent or
guardian for a minor user to create an account.
(c) Ability To Revoke Consent.--A social media platform shall take
reasonable steps to provide a parent or guardian who has consented to
their child's social media use with the ability to revoke such consent.
(d) Effect of Revocation of Consent.--A social media platform that
receives a revocation of consent under subsection (c) shall suspend,
delete, or otherwise disable the account of the minor user for whom
consent was revoked.
(e) Rule of Construction.--Nothing in this section shall be
construed to require a social media platform to require minor users or
their parents or guardians to provide government-issued identification
for relationship verification or the provision of affirmative consent
to create an account.
(f) Safe Harbor.--A social media platform that, for parent or
guardian relationship verification purposes, relies in good faith on
information provided by the Pilot Program described in section 7 shall
be deemed to have taken reasonable steps to verify the parent or
guardian relationship of the parent or guardian granting consent for a
minor user to create an account under this section.
SEC. 6. PROHIBITION ON THE USE OF ALGORITHMIC RECOMMENDATION SYSTEMS ON
TEENS UNDER 18.
(a) In General.--A social media platform shall not use the personal
data of an individual in an algorithmic recommendation system unless
the platform knows or reasonably believes that the individual is age 18
or older according to the age verification process used by the
platform.
(b) Rule of Construction.--The prohibition in subsection (a) shall
not be construed to prevent the suggestion of information or provision
of advertising to an individual based on context where the information
or advertising is related to the content being viewed by the
individual, as long as such information is suggested or advertising is
provided solely based on context and is not targeted or recommended
based on personal data of the individual.
SEC. 7. SECURE DIGITAL IDENTIFICATION CREDENTIAL PILOT PROGRAM.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Commerce (referred to in this section as
the ``Secretary'') shall establish a pilot program (referred to in this
Act as the ``Pilot Program'') for providing a secure digital
identification credential to individuals who are citizens and lawful
residents of the United States at no cost to the individual.
(b) Pilot Program Parameters.--The Pilot Program shall do the
following:
(1) Allow individuals to verify their age, or their parent
or guardian relationship with a minor user, by uploading copies
of government-issued and other forms of identification (such as
records issued by an educational institution), or by validating
the authenticity of identity information provided by the
individual using electronic records of State departments of
motor vehicles, the Internal Revenue Service, the Social
Security Administration, State agencies responsible for vital
records, or other governmental or professional records
providers that the Secretary determines are able to reliably
assist in the verification of identity information.
(2) Meet or exceed the highest cybersecurity standards
expected of secure consumer products such as financial or
healthcare records or that are required to obtain access to
government systems.
(3) Provide users with the ability to--
(A) obtain a secure digital identification
credential that they may use to verify their age or
parent or guardian relationship with enrolled social
media platforms; and
(B) control what data they choose to allow the
pilot program to share with a social media platform,
without sharing copies of the underlying verification
documents or any information that the user does not
affirmatively agree to share with those social media
platforms.
(4) Not retain copies of underlying governmental records
after verifying the information provided by the user.
(5) Provide users with the ability to disable or delete
their secure digital identification credential and any
associated records kept by the Pilot Program at any time.
(6) Keep no records of the social media platforms where
users have verified their identity using a secure digital
identification credential, other than aggregate data that is
anonymized so that it cannot be linked to individual users.
(c) Access.--Information regarding individual users of the Pilot
Program shall be confidential, and no officer or employee of the United
States, or any other person who has or had access to such information
due to their involvement with the Pilot Program, shall disclose any
such information to any entity, including law enforcement agencies,
except--
(1) with the consent of the user;
(2) in connection with oversight by an Inspector General
related to the proper implementation of this Act;
(3) in connection with an investigation into a user for
committing fraud against the Pilot Program; or
(4) pursuant to a court order.
(d) Voluntary Program.--The Pilot Program described in subsection
(a) shall be voluntary, and nothing in this Act shall be construed to
require any individual or social media platform to use the Pilot
Program.
(e) Social Media Platform Enrollment.--
(1) The Secretary may establish regulations for social
media platform enrollment in the Pilot Program to ensure that
enrolled social media platforms employ appropriate privacy and
technical protections sufficient to prevent the abuse or
improper release of Pilot Program information relating to
individual users.
(2) The Secretary may revoke the enrollment of any social
media platform to protect the integrity and security of the
Pilot Program information.
(f) Authority To Enter Agreements.--The Secretary shall have the
authority to enter into memoranda of agreement with Federal, State,
tribal, or nongovernmental entities, including entering into contracts
with private identity verification technology providers, to facilitate
the establishment and operation of the Pilot Program.
(g) Design Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Commerce of the Senate, the Committee on Appropriations of
the Senate, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Appropriations of the House of
Representatives, a report outlining the proposed design of the Pilot
Program, including estimated costs and the identification of any legal
or other barriers identified as impeding the creation and functioning
of the Pilot Program.
(h) Allowable Use.--The Pilot Program shall be used only to
establish online age verification and parental consent for purposes of
social media platform participation, and may not be used to establish
eligibility for any government benefit or legal status.
(i) Sunset.--The Pilot Program shall end on the later of--
(1) September 30 of the eighth year that begins after the
date of enactment of this Act; and
(2) September 30 of the fifth year that begins after the
date on which the Pilot Program begins providing secure digital
identification credentials to individuals.
(j) Authorization.--There are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out the provisions of
this section.
SEC. 8. ENFORCEMENT.
(a) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act by a social media 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.--Except as provided in subparagraph
(C), 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.--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) Nonprofit organizations and common carriers.--
Notwithstanding section 4 or 5(a)(2) of the Federal
Trade Commission Act (15 U.S.C. 44, 45(a)(2)) or any
jurisdictional limitation of the Commission, the
Commission shall also enforce this Act, in the same
manner provided in subparagraphs (A) and (B) of this
paragraph, with respect to--
(i) organizations not organized to carry on
business for their own profit or that of their
members; and
(ii) common carriers subject to the
Communications Act of 1934 (47 U.S.C. 151 et
seq.).
(b) Enforcement by States.--
(1) Authorization.--Subject to paragraph (3), in any case
in which the attorney general of a State has reason to believe
that an interest of the residents of the State has been or is
threatened or adversely affected by the engagement of a social
media platform in a practice that violates this Act, the
attorney general of the State may, as parens patriae, bring a
civil action against the online service provider or person on
behalf of the residents of the State in an appropriate district
court of the United States to obtain appropriate relief,
including civil penalties in the amount determined under
paragraph (2).
(2) Civil penalties.--A social media platform that is
found, in an action brought under paragraph (1), to have
knowingly or repeatedly violated sections this Act shall, in
addition to any other penalty otherwise applicable to a
violation of this Act, be liable for a civil penalty equal to
the amount calculated by multiplying--
(A) the greater of--
(i) the number of days during which the
social media platform was not in compliance
with that section; or
(ii) the number of end users who were
harmed as a result of the violation; by
(B) an amount not to exceed the maximum civil
penalty for which a person, partnership, or corporation
may be liable under section 5(m)(1)(A) of the Federal
Trade Commission Act (15 U.S.C. 45(m)(1)(A)) (including
any adjustments for inflation).
(3) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Commission in writing that the
attorney general intends to bring a civil
action under paragraph (1) before initiating
the civil action.
(ii) Contents.--The notification required
under clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required under clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by federal trade commission.--The
Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(4) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the
production of documentary or other evidence.
(5) Preemptive action by federal trade commission.--If the
Commission institutes a civil action or an administrative
action with respect to a violation of this Act, the attorney
general of a State may not, during the pendency of the action,
bring a civil action under paragraph (1) against any defendant
named in the complaint of the Commission based on the same set
of facts giving rise to the alleged violation with respect to
which the Commission instituted the action.
(6) 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) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(7) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other consumer protection officer of a State who is
authorized by the State to do so may bring a civil
action under paragraph (1), subject to the same
requirements and limitations that apply under this
subsection to civil actions brought by attorneys
general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(c) Extraterritorial Jurisdiction.--There is extraterritorial
jurisdiction over any violation of this Act if such violation involves
an individual in the United States or if any act in furtherance of the
violation was committed in the United States.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 1 year after the date of enactment of
this Act.
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