[Congressional Record Volume 171, Number 113 (Monday, June 30, 2025)]
[Senate]
[Pages S4133-S4139]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2815. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 2602 submitteded by Mrs. Blackburn (for
herself and Mr. Cruz) and intended to be proposed to the amendment SA
2360 proposed by Mr. Thune (for Mr. Graham) to the bill H.R. 1, to
provide for reconciliation pursuant to title II of H. Con. Res. 14;
which was ordered to lie on the table; as follows:
In lieu of the matter proposed to be inserted, insert the
following:
Subtitle B--Kids Online Safety Act
SECTION 40101. SHORT TITLE.
This subtitle may be cited as the ``Kids Online Safety
Act''.
CHAPTER 1--KIDS ONLINE SAFETY
SEC. 40201. DEFINITIONS.
In this chapter:
(1) Child.--The term ``child'' means an individual who is
under the age of 13.
(2) Compulsive usage.--The term ``compulsive usage'' means
a persistent and repetitive use of a covered platform that
significantly impacts one or more major life activities of an
individual, including socializing, sleeping, eating,
learning, reading, concentrating, communicating, or working.
(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; 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--
(I) early childhood education program or preschool that
provides for the care, development, and education of infants,
toddlers, or young children who are not yet enrolled in
kindergarten;
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(II) elementary school (as defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) or secondary school (as so defined);
(III) school providing career and technical education (as
defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302));
(IV) school providing adult education and literacy
activities (as defined in section 203 of the Adult Education
and Family Literacy Act (29 U.S.C. 3272)); or
(V) institution of higher education (as defined in section
101, and subparagraphs (A) and (B) of section 102(a)(1), of
the Higher Education Act of 1965 (20 U.S.C. 1001,
1002(a)(1)));
(iv) a library (as defined in section 213 of the Library
Services and Technology Act (20 U.S.C. 9122));
(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, such as a cloud storage, file
sharing, or file collaboration service;
(vii) a virtual private network or similar service that
exists predominantly to route internet traffic between
locations; or
(viii) a government entity with a .gov internet domain (as
described in section 2215 of the Homeland Security Act of
2002 (6 U.S.C. 665)).
(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 or incentives based on the frequency, time
spent, or activity of minors on the covered platform;
(C) notifications and push alerts;
(D) badges or other visual award symbols based on the
frequency, time spent, or activity of minors on the covered
platform;
(E) personalized design features;
(F) in-game purchases; or
(G) appearance altering filters.
(5) Geolocation.--The term ``geolocation'' has the meaning
given the term ``geolocation information'' in section 1302 of
the Children's Online Privacy Protection Act of 1998 (15
U.S.C. 6501), as added by section 40301(a).
(6) Know or knows.--The term ``know'' or ``knows'' means to
have actual knowledge or knowledge fairly implied on the
basis of objective circumstances.
(7) 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.
(8) Minor.--The term ``minor'' means an individual who is
under the age of 17.
(9) Narcotic drug.--The term ``narcotic drug'' has the
meaning given such term in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(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, such as sharing videos,
images, games, audio files, or other content, including a
social media service, social network, or virtual reality
environment.
(B) Incidental chat functions.--A website, online service,
online application, or mobile application is not an online
platform solely on the basis that it includes a chat,
comment, or other interactive function that is incidental to
its predominant purpose.
(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'' includes a legal
guardian.
(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 design feature.--The term ``personalized
design feature'' means a fully or partially automated system,
including a recommendation system, that is based on the
collection of personal data of users and that encourages or
increases the frequency, time spent, or activity of minors on
the covered platform.
(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) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
(18) 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. 40202. 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 where a reasonable and prudent person would
agree that such harms were reasonably foreseeable by the
covered platform and would agree that the design feature is a
contributing factor to such harms:
(1) Eating disorders, substance use disorders, and suicidal
behaviors.
(2) Depressive disorders and anxiety disorders when such
conditions have objectively verifiable and clinically
diagnosable symptoms and are related to compulsive usage.
(3) Patterns of use that indicate compulsive usage.
(4) Physical violence or online harassment activity that is
so severe, pervasive, or objectively offensive that it
impacts a major life activity of a minor.
(5) Sexual exploitation and abuse of minors.
(6) Distribution, sale, or use of narcotic drugs, tobacco
products, cannabis products, gambling, or alcohol.
(7) Financial harms caused by unfair or deceptive acts or
practices (as defined in section 5(a)(4) of the Federal Trade
Commission Act (15 U.S.C. 45(a)(4))).
(b) Rules of Construction.--
(1) Nothing in subsection (a) shall be construed to require
a covered platform to prevent or preclude any minor from--
(A) deliberately and independently searching for, or
specifically requesting, content; or
(B) accessing resources and information regarding the
prevention or mitigation of the harms described in subsection
(a).
(2) Nothing in this section shall be construed to allow a
government entity to enforce subsection (a) based upon the
viewpoint of users expressed by or through any speech,
expression, or information protected by the First Amendment
to the Constitution of the United States.
SEC. 40203. 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 by default 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--
(i) a prominently displayed option to opt out of such
personalized recommendation systems, while still allowing the
display of content based on a chronological format; and
(ii) a prominently displayed option to 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) Option.--A covered platform shall provide a user that
the covered platform knows is a minor with a readily
accessible and easy-to-use option 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
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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, unless otherwise enabled by
the parent of the minor.
(b) Parental Tools.--
(1) Tools.--A covered platform shall provide readily
accessible and easy-to-use parental tools for parents to
support a user that the platform knows is a minor with
respect to the use of the platform by that user.
(2) Requirements.--The parental tools provided by a covered
platform under paragraph (1) 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) Reporting tools.--A covered platform shall provide--
(A) a readily accessible and easy-to-use means for users
and visitors to submit reports to the covered platform of
harms to a minor on the covered platform;
(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,
cannabis products, 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 gameplay, 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.
(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).
(g) Exception.--A covered platform shall provide the
safeguards and parental tools described in subsections (a)
and (b) to an educational agency or institution (as defined
in section 444 of the General Education Provisions Act (20
U.S.C. 1232g(a)(3))), rather than to the user or visitor,
when the covered platform is acting on behalf of the
educational agency or institution subject to a written
contract that complies with the requirements of the
Children's Online Privacy Protection Act (15 U.S.C. 6501 et
seq.) and the Family Educational Rights and Privacy Act of
1974 (20 U.S.C. 1232g).
(h) Rules of Construction.--Nothing in this section shall
be construed to--
(1) prevent a covered platform from taking reasonable
measures to--
(A) block, detect, or prevent the distribution of unlawful,
obscene, or other harmful material to minors as described in
section 40202(a); or
(B) block or filter spam, prevent criminal activity, or
protect the security of a platform or service;
(2) require the disclosure of the browsing behavior, search
history, messages, contact list, or other content or metadata
of the communications of a minor;
(3) prevent a covered platform from using a personalized
recommendation system to display content to a minor if the
system only uses information on--
(A) the language spoken by the minor;
(B) the city the minor is located in; or
(C) the minor's age;
(4) 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;
(5) prevent a covered platform from contracting or entering
into an agreement with a third-party entity, whose primary or
exclusive function is to provide the safeguards or parental
tools required under subsections (a) and (b) or to offer
similar or stronger protective capabilities for minors, to
assist with meeting the requirements imposed under
subsections (a) and (b); or
(6) prevent a parent or user from authorizing a third-party
entity described in subparagraph (5) to implement such
safeguards or parental tools or provide similar or stronger
protective capabilities for minors, at the choice of the
parent or user.
SEC. 40204. 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 40203; and
(C) notice about how to access the information on
personalized recommendation systems required under subsection
(b).
(2) Notification.--
(A) Notice and acknowledgment.--In the case of an
individual that a covered platform knows is a child, the
platform shall provide information about the parental tools
and safeguards required under section 40203 to a parent of
the child and obtain verifiable consent (as defined in
section 1302 of the Children's Online Privacy Protection Act
of 1998 (15 U.S.C. 6501)).
(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
of 1998 (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 consent as required.
(3) Consolidated notices.--For purposes of this chapter, a
covered platform may consolidate the process for providing
information under this subsection and obtaining verifiable
consent or the consent of the minor involved (as applicable)
as required
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under this subsection with the obligations of the covered
platform to provide relevant notice and obtain verifiable
consent under the Children's Online Privacy Protection Act of
1998 (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 each 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 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; and
(B) 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) the policies and practices of the covered platform with
respect to safeguards for minors; and
(2) how to access the safeguards and parental tools
required under section 40203.
(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. 40205. TRANSPARENCY.
(a) In General.--Subject to subsection (b), not less
frequently than once a year, a covered platform shall issue a
public report that addresses the matters in subsection (c)
based on an independent, third-party audit of the covered
platform with a reasonable level of assurance.
(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 being used 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 through the
reporting mechanism described in section 40203, disaggregated
by 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) an assessment of the safeguards and parental tools
under section 40203, representations regarding the use of the
personal data of minors, and other matters regarding
compliance with this chapter.
(2) Evaluation.--The public reports required under this
section shall include--
(A) an assessment based on aggregate data on the exercise
of safeguards and parental tools described in section 40203,
and other competent and reliable empirical evidence;
(B) a description of whether and how the covered platform
uses design features that increase, sustain, or extend the
use of a product or service by a minor;
(C) a description of whether, how, and for what purpose the
platform collects or processes categories of personal data,
including how personal data is used to operate personalized
recommendation systems related to minors;
(D) an evaluation of the efficacy of safeguards for minors
and parental tools under section 40203, and any issues in
delivering such safeguards and parental tools; and
(E) an assessment of differences, with respect to the
matters described in subparagraphs (A) through (D), 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 the prevention and mitigation measures
a covered platform may take, if any, in response to the
assessments conducted under paragraph (2), including steps
take to provide the most protective level of control over
safety by default;
(C) a description of the processes used for the creation
and implementation of any design feature that will be used by
minors;
(D) a description and assessment of handling reports under
the requirement of section 40203(c), including the rate of
response, timeliness, and substantiveness of responses; and
(E) the status of implementing prevention and mitigation
measures identified in prior assessments.
(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
40203(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) take into consideration 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. 40206. MARKET RESEARCH.
(a) Prohibition of Research on Children.--A covered
platform shall not, in the case of a user or visitor that the
covered platform knows is a child, conduct market or product-
focused research on such child.
(b) Market Research on Minors.--A covered platform may not,
in the case of a user or visitor that the online platform
knows is
[[Page S4137]]
a minor, conduct market or product-focused research on such
minor, unless the covered platform obtains verifiable
parental consent (as defined in section 1302 of the
Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6501)) prior to conducting such research on such minor.
SEC. 40207. 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. 40208. GUIDANCE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Federal Trade Commission 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 chapter; and
(F) providing additional parental tool options that allow
parents to address the harms described in section 40202(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 chapter.
(c) Limitation on Federal Trade Commission Guidance.--
(1) Effect of guidance.--No guidance issued by the Federal
Trade Commission with respect to this chapter 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 chapter, the Federal Trade
Commission or a State attorney general, as applicable--
(A) shall allege a violation of a provision of this
chapter; 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 chapter, unless the practices
are alleged to violate a provision of this chapter.
For purposes of enforcing this chapter, State attorneys
general shall take into account any guidance issued by the
Commission under subsection (b).
SEC. 40209. ENFORCEMENT.
(a) Enforcement by Federal Trade Commission.--
(1) Unfair and deceptive acts or practices.--A violation of
this chapter 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
chapter 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 chapter.
(B) Privileges and immunities.--Any person that violates
this chapter 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 chapter 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 40203, 40204,
or 40205, 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 40203, 40204,
or 40205;
(ii) enforce compliance with section 40203, 40204, or
40205;
(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 remove the action to the appropriate United States
district court;
(ii) to be heard with respect to any matter that arises in
that action; and
(iii) to file a petition for appeal.
(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this chapter 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 chapter, 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 40202 shall not
form the basis of liability in any action brought by the
attorney general of a State under a State law.
SEC. 40210. KIDS ONLINE SAFETY COUNCIL.
(a) Establishment.--There is established a Kids Online
Safety Council (in this section referred to as the
``Council'').
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(b) Duties.--The duties of the Council shall be to provide
reports to Congress with recommendations and advice on
matters related to the safety of minors online. The matters
to be addressed by the 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 chapter, including methods, criteria, and
scope to promote overall accountability.
(c) Number and Appointment of Members.--The Council shall
be comprised of 11 members, of whom--
(1) 3 members shall be appointed by the President,
including--
(A) the Secretary of Commerce or a designee of the
Secretary; and
(B) the Secretary of Health and Human Services or a
designee of the Secretary;
(2) 2 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the Minority Leader of
the House of Representatives;
(4) 2 members shall be appointed by the Majority Leader of
the Senate; and
(5) 2 members shall be appointed by the Minority Leader of
the Senate.
(d) Timing of Appointments.--Each of the appointments under
subsection (c) shall be made not later than 180 days after
the date of the enactment of this Act.
(e) Terms; Vacancies.--Each member of the Council shall be
appointed for the life of the Council, and a vacancy in the
Council shall be filled in the manner in which the original
appointment was made.
(f) Chairperson; Vice Chairperson.--The Council, once it
has been fully appointed, shall select its own Chair and Vice
Chair.
(g) Participation.--The Council shall consist of 1 member
from each of the following:
(1) academic experts with specific expertise in the
prevention of online harms to minors;
(2) researchers with specific expertise in social media
studies;
(3) parents with demonstrated experience in child online
safety;
(4) youth representatives with demonstrated experience in
child online safety;
(5) educators with demonstrated experience in child online
safety;
(6) representatives of online platforms;
(7) representatives of online video games;
(8) State attorneys general or their designees acting in
State or local government; and
(9) representatives of communities of socially
disadvantaged individuals (as defined in section 8 of the
Small Business Act (15 U.S.C. 637)).
(h) Reports.--
(1) Interim report.--Not later than 1 year after the date
of the initial meeting of the Council, the Council shall
submit to Congress an interim report that includes a detailed
summary of the work of the Council and any preliminary
findings of the Council.
(2) Final report.--Not later than 3 years after the date of
the initial meeting of the Council, the Council shall submit
to Congress a final report that includes--
(A) a detailed statement of the findings and conclusions of
the Council;
(B) dissenting opinions of any member of the Council who
does not support the findings and conclusions referred to in
subparagraph (A); and
(C) any recommendations for legislative and administrative
actions to address online safety for children and prevent
harms to minors.
(i) Termination.--The Council shall terminate not later
than 30 days after the submission of the final report
required under subsection (h)(2).
(j) 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. 40211. EFFECTIVE DATE.
Except as otherwise provided in this chapter, this chapter
shall take effect on the date that is 18 months after the
date of enactment of this Act.
SEC. 40212. RULES OF CONSTRUCTION AND OTHER MATTERS.
(a) Relationship to Other Laws.--Nothing in this chapter
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, limit the scope, or alter the meaning 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
chapter, 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 chapter,
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 chapter 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) investigate, establish, exercise, respond to, or defend
against legal claims;
(4) prevent, detect, protect against, or respond to any
security incident, identity theft, fraud, harassment,
malicious or deceptive activity, or any illegal activities;
or
(5) investigate or report those responsible for any action
described in paragraph (4).
(e) Application to Video Streaming Services.--A video
streaming service shall be deemed to be in compliance with
this chapter 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; and
(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) for a parent to manage a minor's privacy and account
settings, and restrict purchases and financial transactions
by a minor, where applicable;
(D) to provide an electronic point of contact specific to
matters described in this paragraph;
(E) to offer a clear, conspicuous, and easy-to-understand
notice of its policies and practices with respect to the
capabilities described in this paragraph; and
(F) when providing on-demand content, to employ measures
that safeguard against serving advertising for narcotic
drugs, cannabis products, tobacco products, gambling, or
alcohol directly to the account or profile of an individual
that the service knows is a minor.
CHAPTER 2--FILTER BUBBLE TRANSPARENCY
SEC. 40301. DEFINITIONS.
In this chapter:
(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),
[[Page S4139]]
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) includes 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) includes the user's current approximate geolocation
information;
(iii) includes 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) does not include the history of the connected device
of the user, including the history of web searches and
browsing, previous geographical locations, physical activity,
device interaction, and financial transactions of the user;
and
(v) does not include inferences about the user or the
connected device of the user, without regard to whether such
inferences are based on data described in clause (i) or
(iii).
(6) Online platform.--
(A) In general.--Subject to subparagraph (B), 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.
(B) Scope.--
(i) Incidental chat functions.--A website, online service,
online application, or mobile application is not an online
platform solely on the basis that it includes a chat,
comment, or other interactive function that is incidental to
its predominant purpose.
(ii) Review sites.--A website, online service, online
application, or mobile application that has the predominant
purpose of providing travel reviews is not an online
platform.
(7) Opaque algorithm.--The term ``opaque algorithm''--
(A) 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; and
(B) does 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 the access
of a user 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 the location of an individual 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. 40302. 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 users of the platform with the
following notices:
(i) Notice 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.
(ii) Notice, to be included 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, of--
(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).
(4) Special rule.--Notwithstanding paragraphs (1) and (2),
an online platform shall provide the notice and opt-out
described in paragraphs (1) and (2) to the educational agency
or institution (as defined in section 444(a)(3) of the
General Education Provisions Act (20 U.S.C. 1232g(a)(3)),
rather than to the user, when the online platform is acting
on behalf of an educational agency or institution (as so
defined), subject to a written contract that complies with
the requirements of the Children's Online Privacy Protection
Act of 1998 (15 U.S.C. 1232g(a)(3)) and 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'').
(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.--Any person 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.).
(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.
CHAPTER 3--RELATIONSHIP TO STATE LAWS; SEVERABILITY
SEC. 40401. RELATIONSHIP TO STATE LAWS.
The provisions of this subtitle 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
subtitle. Nothing in this subtitle 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 subtitle.
SEC. 40402. SEVERABILITY.
If any provision of this subtitle, or an amendment made by
this subtitle, is determined to be unenforceable or invalid,
the remaining provisions of this subtitle and the amendments
made by this subtitle shall not be affected.
______