Prohibiting the display of targeted advertisements directed to a minor that promote sports gambling 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 covered digital advertising platform to display a targeted advertisement directed to a minor that promotes a sports gambling platform.(b)

Enforcement

(1)

Enforcement by the Commission

(A)

Unfair or deceptive acts or practices

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

Powers of the Commission

(i)

In general

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

Privileges and immunities

Any covered digital advertising platform who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).(iii)

Authority preserved

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

Rulemaking

The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this section.(2)

Criminal enforcement

(A)

In general

The Commission shall refer a covered digital advertising platform who is found to have been in violation of this section, or who settles an enforcement action pursuant to paragraph (1), in 3 or more instances to the Attorney General for prosecution pursuant to subparagraph (B).(B)

Criminal penalty

A covered digital advertising platform who is referred to the Attorney General under subparagraph (A) shall be fined not more than $100,000 for each targeted advertisement directed to a minor that promotes a sports gambling platform that is displayed by such platform for the instance subject to the referral and any subsequent instance.(C)

Instance

For purposes of this paragraph, the term instance means an enforcement action pursuant to paragraph (1) for displaying 1 or more targeted advertisements directed to a minor that promote a sports gambling platform pursuant to paragraph (1).(c)

Definitions

In this section:(1)

Commission

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

Connected device

The term connected device means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device.(3)

Covered digital advertising platform

The term covered digital advertising platform means a social media platform, public-facing website, online service, online application, or mobile application—(A)that derives revenue from advertising;(B)that—(i)as its primary function provides a community forum for user-generated content, including messages, videos, and audio files among users where such content is primarily intended for viewing, resharing, or platform-enabled distributed social endorsement or comment;(ii)is a search engine; or(iii)is a digital advertising platform that allows advertisers to purchase advertisement placements across websites, mobile applications, online applications, streaming services, and other digital media sources; and(C)that has more than 100,000,000 unique monthly users or visitors.(4)

Geolocation information

(A)

In general

The term geolocation information means any data that reveals the precise location of a mobile device or individual, including—(i)any Global Positioning System (GPS) coordinate;(ii)fine location data;(iii)cell tower information;(iv)precise location information inferred from—(I)a basic service set identifier (BSSID);(II)a Wi-Fi service set identifier (SSID); or(III)Bluetooth receiver information; or(v)any unique persistent identifier combined with any data described in clauses (i) through (iv).(B)

Exclusions

The term geolocation information shall not include—(i)data that reveals only the coarse location of a mobile device or individual; or(ii)data that—(I)is used by a covered digital advertising platform solely for the purpose of generating such coarse location; and(II)is deleted by such advertiser not later than 48 hours after such use.(5)

Minor

The term minor means an individual who has not attained 18 years of age.(6)

Mobile application

The term mobile application—(A)means a software program that runs on the operating system of—(i)a cellular telephone;(ii)a tablet computer; or(iii)a similar portable computing device that transmits data over a wireless connection; and(B)includes a service or application offered via a connected device.(7)

Online application

The term online application—(A)means an internet-connected software program; and(B)includes a service or application offered via a connected device.(8)

Personal information

The term personal information means individually identifiable information about an individual collected online, including—(A)a first and last name;(B)a home or other physical address including street name and name of a city or town; (C) an email address; (D)a telephone number; (E) a Social Security number; (F)an age or age range;(G)any other identifier that the Commission determines permits the physical or online contacting of an individual;(H)a persistent identifier that can be used to recognize a minor over time and across different websites, online applications, or mobile applications, including a customer number held in a cookie, an Internet Protocol (IP) address, a processor or device serial number, or unique device identifier;(I)a photograph, video, or audio file where such file contains a minor's image or voice;(J)geolocation information;(K)information generated from the measurement or technological processing of an individual's biological, physical, or physiological characteristics that is used to identify an individual, including—(i)fingerprints;(ii)voice prints;(iii)iris or retina imagery scans;(iv)facial templates;(v)deoxyribonucleic acid (DNA) information; or(vi)gait; or(L)information linked or reasonably linkable to a minor or the parents of a minor (including any unique identifier) that a person collects online from the minor and combines with an identifier described in this subparagraph.(9)

Sports gambling platform

The term sports gambling platform means any service that allows an individual to gamble on a sporting event, including a service marketed as allowing an individual to invest in prediction markets.(10)

Targeted advertisement directed to a minor that promotes a sports gambling platform

(A)

In general

The term targeted advertisement directed to a minor that promotes a sports gambling platform means an advertisement or any other effort to market a sports gambling platform that is directed to a minor or a connected device of a minor that an online advertising provider links or possesses the information to be able to link to a minor based on—(i)the personal information of the minor;(ii)the profiling of a minor or group of minors based on observed behaviors or based on predicted preferences or interest inferred from online activities; or(iii)a unique identifier of the connected device.(B)

Exclusions

The term targeted advertisement directed to a minor that promotes a sports gambling platform shall not include—(i)an advertisement or other effort to market a product to an individual or the device of an individual in direct response to the individual’s request for information or feedback;(ii)an advertisement that is displayed based on the content of the website, online application, mobile application, or connected device in which the advertisement appears and does not vary based on personal information related to the viewer; or(iii)the processing of personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including independent measurement.