[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5389-S5394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3078. Mr. THUNE (for Mr. Lee) submitted an amendment intended to
be proposed by Mr. Thune to the bill S. 2073, to amend title 31, United
States Code, to require agencies to include a list of outdated or
duplicative reporting requirements in annual budget justifications, and
for other purposes; which was ordered to lie on the table; as follows:
Strike title I and insert the following:
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 psychological distress.
(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 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 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--
(A) infinite scrolling or auto play;
(B) rewards for time spent on the platform;
(C) notifications;
(D) personalized recommendation systems;
(E) in-game purchases; or
(F) appearance altering filters.
(5) Geolocation.--The term ``geolocation'' means
information sufficient to identify street name and name of a
city or town.
(6) Individual-specific advertising to minors.--
(A) In general.--The term ``individual-specific advertising
to minors'' means advertising or any other effort to market a
product or service that is directed to a specific minor or a
device that is linked or reasonably linkable to a minor based
on--
(i) the personal data of--
(I) the minor; or
(II) a group of minors who are similar in sex, age, income
level, race, or ethnicity to the specific minor to whom the
product or service is marketed;
(ii) profiling of a minor or group of minors; or
(iii) a unique identifier of the device.
(B) Exclusions.--The term ``individual-specific advertising
to minors'' shall not include--
(i) advertising or marketing to an individual or the device
of an individual in response to the individual's specific
request for information or feedback, such as a minor's
current search query;
(ii) contextual advertising, such as when an advertisement
is displayed based on the content of the covered platform on
which the advertisement appears and does not vary based on
personal data related to the viewer;
(iii) processing personal data solely for measuring or
reporting advertising or content performance, reach, or
frequency, including independent measurement;
[[Page S5390]]
(C) Rule of construction.--Nothing in subparagraph (A)
shall be construed to prohibit a covered platform that knows
an individual is under the age of 17 from delivering
advertising or marketing that is age-appropriate for the
individual involved and intended for a child or teen audience
(as applicable), so long as the covered platform does not use
any personal data other than whether the user is under the
age of 17 to deliver such advertising or marketing.
(7) Know or knows.--The term ``know'' or ``knows'' means to
have actual knowledge or knowledge fairly implied on the
basis of objective circumstances.
(8) 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).
(9) 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.
(10) Minor.--The term ``minor'' means an individual who is
under the age of 17.
(11) Online platform.--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, such
as sharing videos, images, games, audio files, or other
content, including a social media service, social network, or
virtual reality environment.
(12) Online video game.--The term ``online video game''
means a video game, including an educational video game, that
connects to the internet and that--
(A) allows a user to--
(i) 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;
(ii) engage in microtransactions within the game; or
(iii) communicate with other users; or
(B) incorporates individual-specific advertising to minors.
(13) 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).
(14) 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).
(15) Personalized recommendation system.--The term
``personalized recommendation system'' means a fully or
partially automated system used to suggest, promote, or rank
content, including other users, hashtags, or posts, based on
the personal data of users. A recommendation system that
suggests, promotes, or ranks content based solely on the
user's language, city or town, or age shall not be considered
a personalized recommendation system.
(16) 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.
(17) 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 covered platform 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,
content that is distributed with the intent to exacerbate the
following mental health disorders: anxiety, depression,
eating disorders, substance use disorders, and suicidal
behaviors.
(2) Patterns of use that indicate or encourage addiction-
like behaviors by minors.
(3) Physical violence, online bullying, and harassment of
the 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.
(6) Promotion and marketing of obscene matter (as that term
is used in section 1470 of title 18, United States Code).
(7) Predatory, unfair, or deceptive marketing practices, or
other financial harms.
(b) Limitation.--Nothing in subsection (a) shall be
construed to require a covered platform to prevent or
preclude any minor from--
(1) deliberately and independently searching for, or
specifically requesting, content; or
(2) accessing resources and information regarding the
prevention or mitigation of the harms described in subsection
(a).
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) prevent other users or visitors, whether registered or
not, from viewing the minor's personal data collected by or
shared on the covered platform, in particular restricting
public access to personal data;
(C) 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, and other
design features that result in compulsive usage of the
covered platform by the minor;
(D) control personalized recommendation systems, including
the ability for a minor to have at least 1 of the following
options--
(i) opt out of such personalized recommendation systems,
while still allowing the display of content based on a
chronological format; or
(ii) limit types or categories of recommendations from such
systems; and
(E) restrict the sharing of the geolocation of the minor
and provide notice regarding the tracking of the minor's
geolocation.
(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--
(A) delete the minor's account and delete any personal data
collected from, or shared by, the minor on the covered
platform; or
(B) 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 privacy and safety for that user or visitor.
(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 privacy and account
settings, including the safeguards and options established
under subsection (a), in a manner that allows parents to--
(i) view the privacy and account settings; and
(ii) in the case of a user that the platform knows is a
child, change and control the privacy and 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--
[[Page S5391]]
(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, modify, or manipulate a user
interface of a covered platform with the purpose or
substantial effect of 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 personal data and 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 title, 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, including how such systems use the personal data
of minors; and
(2) information about options for minors or their parents
to opt out of or control the personalized recommendation
system (as applicable).
(c) Advertising and Marketing Information and Labels.--
(1) Information and labels.--A covered platform that
facilitates advertising aimed at users that the platform
knows are minors shall provide clear, conspicuous, and easy-
to-understand labels and information, which can be provided
through a link to another web page or disclosure, to minors
on advertisements regarding--
(A) the name of the product, service, or brand and the
subject matter of an advertisement;
(B) if the covered platform engages in individual-specific
advertising to minors, why a particular advertisement is
directed to a specific minor, including material information
about how the minor's personal data is used to direct the
advertisement to the minor; and
(C) whether particular media displayed to the minor is an
advertisement or marketing material, including disclosure of
endorsements of products, services, or brands made for
commercial consideration by other users of the platform.
(2) Guidance.--The Federal Trade Commission may issue
guidance to assist covered platforms in complying with the
requirements of this subsection, including guidance about the
minimum level of information and labels for the disclosures
required under paragraph (1).
(d) 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 personal
data and safeguards for minors; and
(2) how to access the safeguards and tools required under
section 103.
(e) 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.
[[Page S5392]]
(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, representations
regarding the use of the personal data of minors, and other
matters regarding non-compliance with this title.
(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
privacy and 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 title 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
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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 the 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 the following, 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 privacy and 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 title; 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;
(B) algorithms or data outputs outside the control of a
covered platform; and
(C) establishing default settings that provide enhanced
privacy protection to users or otherwise enhance their
autonomy and decision-making ability.
(b) Guidance on Knowledge Standard.--Not later than 18
months after the date of enactment of this Act, the Federal
Trade Commission shall issue guidance to provide information,
including best practices and examples, for covered platforms
to understand how the Commission would determine whether a
covered platform ``had knowledge fairly implied on the basis
of objective circumstances'' for purposes of this title.
(c) Limitation on Federal Trade Commission Guidance.--
(1) Effect of guidance.--No guidance issued by the Federal
Trade Commission with respect to this title 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 title, the Federal Trade Commission
or a State attorney general, as applicable--
(A) shall allege a violation of a provision of this title;
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 title, unless the practices
are alleged to violate a provision of this title.
For purposes of enforcing this title, State attorneys general
shall take into account any guidance issued by the Commission
under subsection (b).
SEC. 110. ENFORCEMENT.
(a) Enforcement by Federal Trade Commission.--
(1) Unfair and deceptive acts or practices.--A violation of
this title 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
title 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 title.
(B) Privileges and immunities.--Any person that violates
this title 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 title 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
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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 title 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 title, 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 title.
(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, harm reduction as it relates to early exposures to
pornographic material, and the prevention of harms to minors;
(2) representatives in academia and civil society with
specific expertise in privacy, free expression, access to
information, 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 faith-based organizations.
(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 title, 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;
(3) authorize any action that would conflict with section
18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h));
or
(4) expand or limit the scope of section 230 of the
Communications Act of 1934 (commonly known as ``section 230
of the Communications Decency Act of 1996'') (47 U.S.C. 230).
(b) Determination of ``Fairly Implied on the Basis of
Objective Circumstances''.--For purposes of enforcing this
title, in making a determination as to whether covered
platform has knowledge fairly implied on the basis of
objective circumstances that a specific user is a minor, the
Federal Trade Commission or a State attorney general shall
rely on competent and reliable evidence, taking into account
the totality of the circumstances, including whether a
reasonable and prudent person under the circumstances would
have known that the user is a minor.
(c) Protections for Privacy.--Nothing in this title,
including a determination described in subsection (b), 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.
(d) 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; or
(3) investigate, establish, exercise, respond to, or defend
against legal claims.
(e) Application to Video Streaming Services.--A video
streaming service shall be deemed to be in compliance with
this title 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 and delete any personal
data collected from 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, and
to delete any personal data collected from the minor on the
service;
(D) for a parent to manage a minor's privacy and 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 to personal
data and 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.
(f) Application to Particular Viewpoints.--Nothing in this
title shall be construed to require a covered platform to
alter a design feature in such a manner that would result in
particular viewpoints being throttled, suppressed, or
censored.
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