KIDS Act

The term agency has the meaning given that term in section 551 of title 5, United States Code.

The term artificial intelligence has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).

The term chatbot means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.

The term Commission means the Federal Trade Commission.

The term design feature —

(A) means any feature or component of a covered platform that encourages an increase in or increases the frequency of use or time spent by a user who is a minor with respect to such covered platform; and

(B) includes—

(i) infinite scrolling or auto play;

(ii) rewards or incentives based on frequency of use or time spent;

(iii) notifications and push alerts;

(iv) badges or other visual award symbols based on frequency of use or time spent;

(v) appearance altering filters; and

(vi) personalized recommendation systems.

The term fully automated system means an operation or set of operations performed on data with minimal or no direction, instruction, prompting, oversight, involvement, or intervention by an individual.

The term know or knows means to have actual knowledge or to have acted in willful disregard.

The term minor means an individual under the age of 17 years.

The term narcotic drug has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).

The term parent, with respect to a minor, means an adult with the legal right to make decisions on behalf of the minor, including—

(A) a natural parent;

(B) an adoptive parent;

(C) a legal guardian; and

(D) an individual with legal custody over the minor.

The term personal information has the meaning given that term in section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501).

The term personalized recommendation system —

(A) means a fully automated system used to suggest, promote, or rank content, including other users, hashtags, and posts, based on the personal information of a user; and

(B) does not include a fully automated system that suggests, promotes, or ranks content based solely on the language, city or town, or age of a user.

The term sexual material harmful to minors means a picture, image, graphic image file, film, videotape, or other visual depiction that—

(i) taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion;

(ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and

(iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors; or

(B) is child pornography.

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.

The term verifiable parental consent has the meaning given that term in section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501).

This title may be cited as the Shielding Children’s Retinas from Egregious Exposure on the Net Act or the SCREEN Act.

In this title:

The terms child pornography and minor have the meanings given those terms in section 2256 of title 18, United States Code.

The term covered platform means a website or other online platform—

(A) that is accessible by the public;

(B) with respect to which more than one-third of the material made available thereon is sexual material harmful to minors; and

(C) with respect to which the provider of such platform knowingly makes available the sexual material harmful to minors described in subparagraph (B).

The terms sexual act and sexual contact have the meanings given those terms in section 2246 of title 18, United States Code.

The term technology verification measure means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor.

The term technology verification measure data means data that—

(A) is collected or processed for the purpose of fulfilling a request by an individual to access a covered platform or material on a covered platform; and

(B) is collected or processed for the purpose of utilizing or providing a technology verification measure pursuant to this title.

Beginning on the date that is 1 year after the date of the enactment of this Act, a provider of a covered platform shall—

(1) adopt and utilize commercially available technology verification measures, reasonably designed to ensure accuracy, with respect to the covered platform of such provider to identify minors; and

(2) prevent minors from accessing any sexual material harmful to minors on the covered platform.

In order to comply with subsection (a), a provider of a covered platform (or a third party contracted by a provider of a covered platform with respect to such covered platform) shall, with respect to a covered platform of the provider, carry out the following:

(1) Use a technology verification measure in order to verify the age of a user.

(2) Provide that a user confirming that the user is not a minor is not sufficient to verify age.

(3) Provide clear and conspicuous notice containing information on the technology verification measures and other policies and procedures related to the technology verification measure data used to comply with this title.

(4) Take reasonable measures to address circumvention of technology verification measures.

(5) Not transfer, disclose, or retain any technology verification measure data beyond what is strictly necessary to use a technology verification measure pursuant to this title.

A provider of a covered platform may contract with a third party to use technology verification measures for purposes of complying with subsection (a).

A provider of a covered platform who contracts with a third party as described in paragraph (1) is not relieved from any obligation or liability under this title.

A provider of a covered platform (or a third party contracted by a provider of a covered platform with respect to such covered platform) shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and availability of technology verification measure data collected with respect to the covered platform of such provider (including by a third party contracted by such covered provider with respect to such covered platform).

Nothing in this section may be construed to require the submission of government-issued identification of any individual to a covered platform or a third party contracted by a provider of a covered platform to use a technology verification measure.

In carrying out this title, the Commission shall consult with the following individuals, including with respect to the applicable standards and metrics for making a determination on whether a user of a covered platform is or is not a minor:

(1) Individuals with experience in computer science and software engineering.

(2) Individuals with experience in—

(A) advocating for online child safety; or

(B) providing services to minors who have been victimized by online child exploitation.

(3) Individuals with experience in consumer protection and online privacy.

(4) Individuals who supply technology verification measure products or have expertise in technology verification measures.

(5) Individuals with experience in data security and cryptography.

Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes the following:

(1) An analysis of the effectiveness of the technology verification measures required under section 103.

(2) An analysis of the rate of compliance with such section by providers of covered platforms and third parties contracted by such providers with respect to such covered platforms.

(3) An analysis of the data privacy and security measures used by covered platforms with respect to age verification processes.

(4) An analysis of the expression, speech, behavioral, economic, psychological, and societal effects of requiring technology verification measures under section 103.

(5) Recommendations, if any, to the Commission on improving the enforcement of this title.

No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision requires a provider of a covered platform to use technology verification measures to prevent minors from accessing any sexual material harmful to minors on a covered platform of such provider.

Nothing in subsection (a) may be construed to preempt the applicability of any of the following:

(1) Any law of a State with respect to trespass, contract, tort, or product liability.

(2) Any statutory law that creates a remedy or penalty for criminal conduct.

(3) Any law of general applicability of a State with respect to consumer protection.

In this title, the term covered platform means a platform that is a website, software, application, or electronic service connected to the internet that meets the following requirements:

(1) Is publicly available for use by consumers.

(2) Enables the creation of a username or user identifier—

(A) that is searchable on the platform by other users through a function made available by the platform; and

(B) that can be followed by or is similarly accessible to other users of the platform.

(3) As the primary purpose of the platform, facilitates the sharing and access to user-generated content through text, images, video, audio, or any other interactive medium.

(4) Uses a design feature to promote user engagement on the platform.

(5) Uses the personal information of the user to advertise, market, or make content recommendations.

This subtitle may be cited as the Kids Online Safety Act.

In this subtitle:

The term child means an individual who is under the age of 13.

The term compulsive usage means a persistent and repetitive use of a covered platform that substantially limits one or more major life activities of an individual (as described in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).

The term geolocation information means information sufficient to identify a street name and name of a city or town.

The term processor means a person who—

(A) processes personal information on behalf of a covered platform; and

(B) does not determine the purpose and means of processing such personal information

The term sexual exploitation and abuse means any of the following:

(A) Any offense, including coercion and enticement, described in section 2422 of title 18, United States Code.

(B) Child pornography (as defined in section 2256 of title 18, United States Code).

(C) Trafficking for the production of images (as described in section 2251 of title 18, United States Code).

(D) Any offense described in section 1591 of title 18, United States Code.

The term user, with respect to a covered platform, means an individual who registers an account or creates a profile on the covered platform.

A provider of a covered platform shall establish, implement, maintain, and enforce reasonable policies, practices, and procedures that address the following harms to minors:

(1) Threats of physical violence so severe, pervasive, or objectively offensive that such threats impact a major life activity of a minor.

(2) Sexual exploitation and abuse.

(3) Distribution, sale, or use of narcotic drugs, tobacco products, cannabis products, gambling, or alcohol.

(4) Any financial harm caused by deceptive practices.

The policies, practices, and procedures required by subsection (a) shall be appropriate to each of the following:

(1) The size and complexity of the covered platform.

(2) The technical feasibility of addressing the harms described in subsection (a).

Nothing in subsection (a) may be construed to—

(1) require a provider of 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); or

(2) impose a duty of care on a provider of a covered platform.

A provider of a covered platform shall provide a user of or visitor to the covered platform who the provider knows is a minor with readily accessible and easy-to-use safeguards to do each of the following, as applicable:

(A) Limit the ability of other users or visitors to communicate with such user or visitor.

(B) Prevent the profile or personal information of such user or visitor from being recommended or suggested to another user or visitor who is not a minor.

(C) Limit design features that result in compulsive usage of the covered platform by such user or visitor.

(D) Restrict the sharing of geolocation information of such user or visitor to a third party that is not a processor and provide notice to such user or visitor and the parent of such user or visitor that geolocation information is collected.

(E) Control any personalized recommendation system on such covered platform, including with respect to the ability for such user or visitor to have—

(i) a prominently displayed option to opt out of any such personalized recommendation system, and

(ii) a prominently displayed option to limit types or categories of recommendations from any such personalized recommendation system.

A provider of a covered platform shall ensure that, in the case of a user of or visitor to the covered platform who the provider knows is a minor, the default setting of any safeguard described in paragraph (1) is the option available on the covered platform that provides the most protective level of control with respect to privacy and safety for such user or visitor.

A provider of a covered platform shall provide readily accessible and easy-to-use parental tools that meet the requirements described in paragraph (2) for a parent of a user of the covered platform who the provider knows is a minor.

The parental tools described in paragraph (1) shall allow a parent of a user of the covered platform who the provider knows is a minor to do any of the following:

(A) Manage the privacy and account settings of such user, including by using any safeguard established under subsection (a)(1), in a manner that allows the parent to—

(i) view the privacy and account settings; and

(ii) change and control the privacy and account settings.

(B) The ability to restrict purchases and financial transactions by such user, if applicable.

(C) The ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by such user.

A provider of a covered platform shall provide clear and conspicuous notice to a user of the covered platform who the provider knows is a minor when any parental tool described in paragraph (1) is in effect and any setting or control that has been applied.

A provider of a covered platform shall ensure that, in the case of a user of or visitor to the covered platform who the provider knows is a child, the default setting for any parental tool described in paragraph (1) is the option available on the covered platform that provides the most protective level of control with respect to privacy and safety for such user or visitor.

If, before the effective date of this subtitle, a provider of a covered platform provides a parent of a user of the covered platform who the provider knows is a child with notice and the ability to enable a parental tool described in paragraph (1) in a manner that would otherwise comply with this subsection and the parent opts out of enabling any such parental tool, the covered platform is not required to enable any such tool with respect to such user by default on or after such effective date.

With respect to any safeguard described in subsection (a)(1) and any parental tool described in subsection (b)(1), a provider of a covered platform shall provide each of the following:

(A) Information and control options in a clear and conspicuous manner that takes into consideration the differing ages, capacities, and developmental needs of a user of the covered platform who the provider knows is a minor most likely to access the covered platform and does not encourage such a user or a parent of such a user to weaken or disable any such safeguard, option, or parental tool.

(B) Readily accessible and easy-to-use controls to enable or disable any such safeguard or parental tool, as appropriate.

(C) Information and control options in the same language, form, and manner as the provider provides the product or service used by such a user or a parent of such a user.

If the device of a user or user account does not have access to the internet at the time of a change to a parental tool described in subsection (b)(1), the provider of the relevant covered platform shall apply changes the next time the device or user is connected to the internet.

A provider of a covered platform may not knowingly use a user interface with the purpose or substantial effect of impairing the use by a user of the covered platform who the provider knows is a minor or a parent of such a user of any safeguard described in subsection (a)(1) or any parental tool described in subsection (b)(1).

Nothing in this section may be construed to do any of the following:

(1) Prevent a provider of a covered platform from taking reasonable measures to block, detect, or prevent the distribution of unlawful, obscene, or other harmful material to minors or any other harms to minors described in section 213(a).

(2) Prevent a provider of a covered platform from entering into an agreement with a third party with a primary or exclusive function of providing any safeguard described in subsection (a)(1) or any parental tool described in subsection (b)(1) or otherwise assisting with meeting the requirements described in subsections (a) and (b).

(3) Prevent a parent or user from authorizing a third party described in paragraph (2) to implement any safeguard described in subsection (a)(1) or any parental tool described in subsection (b)(1).

A provider of a covered platform shall provide each of the following:

(1) A readily accessible and easy-to-use means for a user of or visitor to the covered platform to submit a report to the covered platform of any harm to a minor related to the use of the covered platform.

(2) An electronic point of contact specific to matters involving harms to a minor.

(3) Confirmation of the receipt of any such report and, within the applicable time period described in subsection (b), a substantive response to the user or visitor who submitted the report.

A covered platform shall establish an internal process to receive and substantively respond to a report submitted subsection (a)(1) in a reasonable and timely manner, but in no case later than—

(1) 10 days after the date on which the report is received; or

(2) if the report involves an imminent threat to the safety of a minor, the date that is as prompt as needed to address the reported threat to safety.

Before any registration or purchase on a covered platform by a user of or visitor to the covered platform who the provider knows is a minor, the provider shall provide clear, conspicuous, and easy-to-understand notice with respect to each of the following:

(A) The policies and practices of the covered platform with respect to safeguards for minors.

(B) Information about how to access any safeguard described in section 214(a)(1) or any parental tool described in section 214(b)(1).

In the case of a user of or visitor to a covered platform who the provider of the covered platform knows is a minor, the provider shall provide information about any safeguard described in section 214(a)(1) or any parental tool described in section 214(b)(1) to a parent of such user or visitor and obtain verifiable parental consent with respect to any such safeguard or parental tool.

A covered platform shall be deemed to have satisfied the requirement described in subparagraph (A) if the provider of 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 commercially available technology) to provide a parent with the information required by paragraph (1)(B) and to obtain the verifiable parental consent described in subparagraph (A) of this paragraph.

For purposes of this section, a provider of a covered platform may consolidate the process for providing information and obtaining verifiable parental consent required by this section with the obligations of the provider to provide relevant notice and obtain verifiable parental consent under the Children’s Online Privacy Protection Act of 1998.

A provider of a covered platform shall provide clear, conspicuous, and easy-to-understand labels and information, which may be provided through a link to another web page or disclosure, to a user of or visitor to the covered platform who the provider knows is a minor on advertisements regarding the disclosure of endorsements of products, services, or brands made for commercial consideration by other users of the covered platform.

A provider of a covered platform may not facilitate the advertising of narcotic drugs, cannabis products, tobacco products, gambling, or alcohol to a user of or visitor to the covered platform who the provider knows is a minor.

Not later than 18 months after the date of the enactment of this subtitle, and annually thereafter, a provider of a covered platform shall ensure that an independent, third-party auditor conducts an independent, third-party audit of the covered platform.

In conducting an audit required by subsection (a), an independent, third-party auditor shall do the following:

(A) Consider widely accepted or evidence-based approaches, best practices, frameworks, and methods related to any safeguard described in section 214(a)(1) or any parental tool described in section 214(b)(1).

(B) Consider widely accepted or evidence-based approaches, best practices, frameworks, and methods related to identifying, preventing, and mitigating the harms to minors described in section 213(a).

(C) Consult with parents (including parents with relevant experience), public health and mental health nonprofit organizations, health and development organizations, and experts in freedom of expression about methods to identify, prevent, and mitigate such harms.

An audit required by subsection (a) shall include the following:

(A) An assessment of the extent to which the relevant covered platform is likely to be accessed by minors, including with respect to any difference between children and teens.

(B) An accounting of the following:

(i) The number of users using such covered platform who the provider of such covered platform knows to be minors located in the United States.

(ii) The median and mean amounts of time spent on such covered platform by such users during the year in which such audit is conducted.

(iii) A description of the policies, practices, and procedures implemented to address the harms to minors described in section 213(a).

(iv) The number of times that any safeguard described in section 214(a)(1) has been exercised during the year in which such audit is conducted.

(v) The number of times that any parental tool described in section 214(b)(1) has been exercised during the year in which such audit is conducted.

(vi) The number of reports, categorized by types of harms to a minor, received by such covered platform through the reporting mechanism described in section 215(a)(1) during the year in which such audit is conducted.

(C) A description of such safeguards for minors and parental tools that are available to minors and parents on such covered platform.

(D) A description of how such covered platform handles reports received through such reporting mechanism, including the rate of response to such a report and the timeliness and substantiveness of any such response.

(E) A description of whether, how, and for what purpose such covered platform collects or processes categories of personal information of minors.

(F) If the covered platform has a process used to create, implement, or evaluate the impact of a design feature of the covered platform used by minors, a description of such process.

A provider of a covered platform shall facilitate an audit of the covered platform required by subsection (a) by doing the following:

(A) Providing or otherwise making available to the independent, third-party auditor that conducts such audit any information or material in the possession, custody, or control of such covered platform relevant to such audit.

(B) Providing or otherwise making available to such auditor access to any network, system, or asset relevant to such audit.

(C) Disclosing any material fact to such auditor and not misrepresenting any material fact.

Not later than 30 days after the date on which an audit required by subsection (a) is completed, the provider of the relevant covered platform shall submit to the Commission the results of the audit.

Not later than 45 days after the date on which an audit required by subsection (a) is completed, the provider of the relevant covered platform shall issue a public report that—

(1) includes the information in clauses (i), (ii), (iv), (v), and (vi) of subsection (b)(2)(B); and

(2) notwithstanding paragraph (1), may include any other information required by this section.

Nothing in this subtitle may be construed to require the provider of a covered platform to implement an age gating or age verification functionality on the covered platform.

No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law if such law, rule, regulation, requirement, standard, or other provision conflicts with the provisions of this subtitle.

This subtitle may be cited as the Safe Messaging for Kids Act or the SMK Act.

In this subtitle:

The term app means a software application that may be run or directed by a user on a computer, mobile device, or any other general purpose computing device.

The term app store means a publicly available software application that distributes and facilitates the download onto a mobile device of an app from a third-party developer by a user of a computer, mobile device, or any other general purpose computing device.

The term covered user means a user of a covered platform if the provider of such covered platform knows that such user is a minor.

The term direct messaging feature means a function of a covered platform that enables a user to send a message, image, video, audio, or other communication directly to another user or a specific group of users of the covered platform.

The term direct messaging feature does not include a function of a covered platform that enables a user to post content on the covered platform to—

(i) a public or semi-public profile; or

(ii) a feed accessible to a broader group of users.

The term ephemeral messaging feature means a function of a covered platform that permanently deletes or renders inaccessible a message, image, video, audio, or other communication sent between users of the covered platform (such that neither the sender nor any recipient of such communication may readily retrieve or review the communication in the original form through the covered platform)—

(i) after a predetermined period;

(ii) once viewed by such a recipient; or

(iii) upon exiting the specific chat or messaging interface.

The term ephemeral messaging feature does not include—

(i) a function of a covered platform that allows a user of the covered platform to manually delete a message, image, video, audio, or other communication sent by such user after the transmission of the communication (if such deletion does not automatically occur for each recipient of the communication or by the default design of such function); or

(ii) standard data volatility in transit or temporary caching not designed to make such a communication permanently inaccessible after viewing or a short, predetermined time.

The term mobile device means a phone or general-purpose tablet that provides cellular or wireless connectivity, is capable of connecting to the internet, and is capable of running an app.

The term parental direct messaging controls means a set of tools or settings that a provider of a covered platform provides to a parent of a covered user of the covered platform that allows the parent to manage the use of a direct messaging feature by such covered user.

The term teen covered user means a covered user who has attained the age of 13.

The term unapproved contact, with respect to a covered user for whom parental direct messaging controls have been activated, means a user of a covered platform with respect to whom the teen covered user may not use a direct messaging feature unless a parent of such teen covered user has provided verifiable parental consent under this subtitle.

The term verifiable parental consent —

(A) has the meaning given that term in section 2 of this Act; and

(B) includes ongoing mechanisms for parents to activate and manage parental direct messaging controls provided under this subtitle.

A provider of a covered platform may not offer, provide, or enable any ephemeral messaging feature of such covered platform to any covered user of the covered platform.

A provider of a covered platform may not offer, provide, or enable any direct messaging feature of such covered platform to any covered user of the covered platform under the age of 13 years.

A provider of a covered platform that offers, provides, or enables any direct messaging feature of such covered platform to any teen covered user of the covered platform shall provide easily accessible and usable parental direct messaging controls to a parent of such teen covered user that the parent may activate and manage by providing verifiable parental consent.

The parental direct messaging controls described in subsection (a) shall meet the following requirements:

(1) Be clearly and conspicuously accessible to a parent of a teen covered user through—

(A) the settings of a profile of the teen covered user; and

(B) any parental portal or interface offered by the covered platform.

(2) Be designed to be user-friendly with clear explanations of the manner in which the parental direct messaging controls operate.

As a default setting on a covered platform, the parental direct messaging controls described in subsection (a) shall allow a parent of a teen covered user of the covered platform to do the following (unless the parent adjusts the default setting with respect to any of the following by providing verifiable parental consent):

(1) Receive a timely notification that—

(A) alerts the parent about a request from an unapproved contact who seeks to use a direct messaging feature of the covered platform with respect to the teen covered user; and

(B) allows the parent to approve or deny the request before the unapproved contact and the teen covered user engage in any direct messaging through any such direct messaging feature.

(2) View and manage a list of any contacts approved for engaging in direct messaging with the teen covered user through any direct messaging feature of the covered platform.

(3) Be informed if the teen covered user changes the age listed on a profile of the teen covered user on the covered platform (if any such change affects the applicability of such parental direct messaging controls).

(4) Disable any direct messaging feature of any such profile.

(5) Prevent any specific user, any specific group of users, or other users in general, from initiating or continuing to engage in direct messaging with the teen covered user through any direct messaging feature of the covered platform.

(6) Enable the teen covered user to set a profile of the teen covered user on the covered platform as hidden on any search such that—

(A) other users are prevented from searching for and finding such profile;

(B) other users are prevented from seeing the current online or offline status of the teen covered user; and

(C) other users are prevented from initiating or continuing to engage in direct messaging with the teen covered user through any direct messaging feature of the covered platform.

A provider of a covered platform may not degrade the functionality or availability of any other feature or service of the covered platform for a teen covered user of the covered platform based on the activation or management of parental direct messaging controls by a parent of the teen covered user under this section (except as necessary to implement any such parental direct messaging controls).

A provider of a covered platform shall take reasonable measures to prevent a teen covered user of the covered platform from easily circumventing parental direct messaging controls activated and managed by a parent of the teen covered user under this section.

No requirement under this subtitle to restrict any feature for a covered user or to provide parental direct messaging controls for a direct messaging feature of a covered platform may be construed to override any protection for an encrypted communication described in this subtitle and a provider of a covered platform shall adhere to any such requirement, to the maximum extent technically feasible, through means that do not compromise the integrity of strong encryption offered to any user of the covered platform.

No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision—

(1) directly prohibits ephemeral or direct messaging on a covered platform for users under 13; or

(2) regulates parental direct messaging controls on covered platforms for teen covered users.

Nothing in subsection (a) may be construed to preempt the applicability of any of the following:

(1) Any law of a State with respect to trespass, contract, tort, or product liability.

(2) Any statutory law that creates a remedy or penalty for criminal conduct.

(3) Any law of general applicability of a State with respect to consumer protection.

Except as provided in subsection (b), this subtitle shall take effect on the date that is 180 days after the date of the enactment of this Act.

The effective date described in subsection (a) does not apply with respect to section 235.

This subtitle may be cited as the Stop Profiling Youth and Kids Act or the SPY Kids Act.

In this subtitle, the term user, with respect to a covered platform, means an individual who registers an account or creates a profile on the covered platform.

A provider of a covered platform may not, in the case of a user or visitor of the covered platform who the provider knows is a minor, conduct market or product-focused research on such user or visitor unless any such research is—

(1) used solely to improve the privacy, security, transparency, or safety of the covered platform, including with respect to a design feature or any safeguard, setting, or tool offered to such user or visitor or a parent of such user or visitor; or

(2) necessary for compliance with a Federal or State law.

Nothing in this subtitle may be construed to limit the processing of personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including through an independent measurement.

No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision regulates the ability of a covered platform to conduct market or product-focused research on a minor.

Nothing in subsection (a) may be construed to preempt the applicability of any of the following:

(1) Any law of a State with respect to trespass, contract, tort, or product liability.

(2) Any statutory law that creates a remedy or penalty for criminal conduct.

(3) Any law of general applicability of a State with respect to consumer protection.

This subtitle shall take effect on the date that is 90 days after the date of the enactment of this Act.

This title may be cited as the Safer Guarding of Adolescents from Malicious Interactions on Network Games Act or the Safer GAMING Act.

In this title:

The term covered communication tool means a capability available to a user of an interactive online video game that allows for the exchange of verbal, written, or visual messages between such user and any other user of such interactive online video game.

The term covered user means a user of an interactive online video game if the online video game provider of such interactive online video game knows that such user is a minor.

The term interactive online video game means a video game that—

(A) connects to the internet; and

(B) allows a user of such video game to communicate with other users of such video game.

The term online video game provider means a person engaged in the business of providing directly to a consumer over the internet or other online means a digital storefront, console network, mobile or cloud gaming platform, or similar means of digital distribution that offers access to an interactive online video game for use by the consumer.

The term video game means a software program that—

(A) receives and stores data or instructions generated by the user of such software program; and

(B) processes such data or instructions to create an interactive game for such user to play on a computer, gaming system, console, mobile device, or other technological means.

An online video game provider shall provide safeguards to a parent of a covered user of an interactive online video game of such online video game provider that allow the parent to limit communication between such covered user and any other user of such interactive online video game.

An online video game provider shall ensure that the safeguards required by subsection (a) meet the following requirements:

(A) Be accessible and easy to use.

(B) Be enabled by default on an account of a covered user of the interactive online video game of such online video game provider.

(C) Be set to the most protective level of control by default on any such account.

For purposes of paragraph (1)(C), the most protective level of control means the relevant safeguards—

(A) are set to the most restrictive setting by default; and

(B) may be set to a less restrictive setting only by a parent of a covered user.

An online video game provider shall provide to a covered user and a parent of a covered user of an interactive online video game of the online video game provider readily accessible and easy-to-use safeguards to do the following:

(A) Prevent a profile of such covered user or personal information connected to such covered user from being recommended or suggested to any other user of such interactive online video game who is not a minor.

(B) Restrict purchases and financial transactions by such covered user.

(C) Limit the amount of time spent by such covered user on such interactive online video game.

Nothing in this section may be construed to prohibit an online video game provider from making available to the parent of a covered user of an interactive online video game of the online video game provider a single user interface that permits such parent to do the following:

(1) Set the level or scope of any covered communication tool with respect to multiple other users or categories of users or set the level or scope of multiple covered communication tools.

(2) Control the safeguards required by this section.

An online video game provider shall provide clear and conspicuous notice to a covered user of an interactive online video game of the online video game provider when the safeguards required by this section are in effect that describes the settings or safeguards that have been applied.

No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision regulates the provision of a covered communication tool or other safeguard by an online video game provider under this Act.

Nothing in subsection (a) may be construed to preempt the applicability of any of the following:

(1) Any law of a State with respect to trespass, contract, tort, or product liability.

(2) Any statutory law that creates a remedy or penalty for criminal conduct.

(3) Any law of general applicability of a State with respect to consumer protection.

This title may be cited as the Safeguarding Adolescents From Exploitative BOTs Act or the SAFE BOTs Act.

In this title:

The term chatbot provider means a person engaged in the business of providing a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means.

A person that provides a website, mobile application, or other online service that includes a chat function incidental to the primary purpose of such website, application, or service may not be treated as a chatbot provider solely on the basis of such incidental chat function.

The term covered user means a user of a chatbot if the provider of such chatbot knows that such user is a minor.

A chatbot provider may not provide to a covered user of a relevant chatbot that states to the covered user that the chatbot is a licensed professional (unless such statement is true).

A chatbot provider shall clearly and conspicuously disclose to each covered user of a chatbot of such chat provider a disclosure of the following:

(1) The chatbot is an artificial intelligence system and not a natural person.

(2) Resources for contacting a suicide and crisis intervention hotline.

A disclosure required by subsection (a)(1) shall be made—

(A) at the initiation of the first interaction of a covered user with a chatbot; and

(B) at any point at which, during an interaction between a covered user and a chatbot, the covered user prompts the chatbot about whether the chatbot is an artificial intelligence system.

A disclosure required by subsection (a)(2) shall be made at any point at which, during an interaction between a covered user and a chatbot, the covered user prompts the chatbot about suicide or suicidal ideation.

Any disclosure required by subsection (a) shall be made in a manner that is clear and age-appropriate using plain language such that the disclosure is reasonably understandable by a minor.

A chatbot provider shall establish, implement, and maintain reasonable policies, practices, and procedures—

(1) to ensure that a chatbot of the chatbot provider advises a covered user of the chatbot to take a break from the chatbot at the point at which a continuous and uninterrupted interaction of such covered user with such chatbot has lasted for 3 hours; and

(2) to address, with respect to covered users—

(A) any access to sexual material harmful to minors;

(B) the promotion of gambling that is restricted from or prohibited for minors by law; and

(C) the promotion of the distribution, sale, or use of narcotic drugs, tobacco products, or alcohol that are restricted from or prohibited for minors by law.

Nothing in this title may be construed to require a chatbot provider to prevent or preclude any covered user of a chatbot of the chatbot provider from accessing resources and information regarding the prevention or mitigation of the harms described in section 405(2).

No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law, if such law, rule, regulation, requirement, standard, or other provision conflicts with this Act.

Nothing in subsection (a) may be construed to preempt the applicability of any of the following:

(1) Any law of a State with respect to trespass, contract, tort, or product liability.

(2) Any statutory law that creates a remedy or penalty for criminal conduct.

(3) Any law of general applicability of a State with respect to consumer protection.

In this subtitle:

The term fentanyl includes any fentanyl analogue and fentanyl-related substance.

The term fentanyl-related substance has the meaning given that term in subsection (e) of schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

The term relevant congressional committees means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

The term social media platform —

(A) means a public-facing website, internet application, or mobile internet application, including a social network or video sharing service—

(i) that serves the public; and

(ii) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and

(B) does not include—

(i) a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation); or

(ii) electronic mail.

This part may be cited as the Safe Social Media Act.

The Commission, in coordination with the Secretary of Health and Human Services (acting through the Assistant Secretary for Mental Health and Substance Use), shall—

(1) conduct a study on social media platform use by minors, including with respect to—

(A) what personal information is collected by social media platforms with respect to minors;

(B) how such personal information is used by the algorithms of the social media platforms;

(C) how such personal information is used with respect to targeted advertising;

(D) how often minors use social media platforms daily;

(E) differences in use of social media platforms related to the age ranges of minors;

(F) mental health effects on minors linked to the use of social media platforms; and

(G) potential harmful effects and benefits for minors from extended social media platform use; and

(2) not later than 3 years after the date of the enactment of this Act, submit to Congress a report on the findings of the study conducted under paragraph (1), including any recommended policy changes based on such findings.

Subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act) does not apply to this section.

This part may be cited as the No Fentanyl on Social Media Act.

Not later than 1 year after the date of the enactment of this Act, the Commission, in coordination with the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs and the Administrator of the Drug Enforcement Administration, shall submit to the relevant congressional committees and publish on the website of the Commission a report on the ability of minors to access fentanyl, including through pressed pills, on social media platforms and that includes the following:

(1) The prevalence and ability for minors to access fentanyl from drug sellers on social media platforms.

(2) The impact of such prevalence and access on minors, including with respect to health risks and risks to physical safety.

(3) How drug sellers use social media platforms to market, sell, deliver, distribute, dispense, and engage in other transactions related to the provision of fentanyl to minors.

(4) How design features and other characteristics of social media platforms affect the ability of minors to access fentanyl.

(5) Other measures taken by law enforcement, the medical community, and others to address the issues described in paragraphs (1) through (4).

(6) Practices, policies, and other measures taken by social media platforms to address the ability of drug sellers to use social media platforms and the effectiveness of such practices, policies, and measures.

(7) Recommendations for Congress to eliminate the prevalence and ability for minors to access fentanyl on social media platforms.

In developing the report required by subsection (a), the Commission shall consult with stakeholders, including parents, social media platforms, law enforcement, medical professionals, and other relevant experts.

In publishing the report required by subsection (a), the Commission, in consultation with the Attorney General, may redact any information relating to paragraphs (3) and (5) of such subsection that may compromise any law enforcement tactic, strategy, or technique.

This part may be cited as the Assessing Safety Tools for Parents and Minors Act.

Not later than 6 months after the date of the enactment of this Act, the Commission, in consultation with industry, parents, individuals with expertise in communications technologies, parental controls, privacy, and mental health, and any other appropriate entities as determined by the Commission, shall—

(1) initiate a review of industry efforts to promote online safety for minors through education, parental and child safety tools, age-appropriate labels for content, privacy and other safety settings, or other relevant technologies or initiatives; and

(2) examine the effectiveness of industry efforts identified under paragraph (1) to mitigate online harms for minors and provide recommendations for industry, Congress, and agencies to improve online safety for minors.

Not later than 3 years after the date of the enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report with the findings and recommendations resulting from the review described in subsection (a).

Subchapter I of chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”) does not apply to this section.

The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall conduct a 4-year longitudinal study to evaluate the risks and benefits of chatbots with respect to the mental health of minors, including with respect to loneliness, anxiety, social skill building, social isolation, depression, self-harm, and suicidal ideation.

In conducting the study required by section 517, the Secretary, acting through the Director, shall consult with the following:

(1) The Director of the National Institute of Mental Health.

(2) Pediatric mental health experts.

(3) Technologists.

(4) Ethicists.

(5) Educators.

Not later than 4 years after the date of the enactment of this Act, the Secretary, acting through the Director, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committees on Commerce, Science, and Transportation and Health, Education, Labor, and Pensions of the Senate a report on the results of the study required by section 517 and any related recommendations.

This part may be cited as the Promoting a Safe Internet for Minors Act.

Subtitle A of the Protecting Children in the 21st Century Act (15 U.S.C. 6551 et seq.) is amended by striking sections 211 through 214 and 216 and inserting the following:

Not later than 180 days after the date of the enactment of this section, the Commission, in partnership with the heads of other relevant agencies, State and local governments, nonprofit organizations, schools, industry, law enforcement, medical professionals, and other appropriate entities, shall carry out a program throughout the United States to promote the safe use of the internet by minors, that includes the following:

(1) The identification, promotion, and encouragement of best practices for educators, online platforms, minors, and parents and guardians to protect minors online.

(2) The establishment and implementation of an outreach and education campaign throughout the United States that promotes online safety for minors.

(3) The facilitation of access to, and the exchange of, information regarding online safety for minors to promote up-to-date knowledge regarding harms and risks negatively impacting or benefits positively impacting minors online.

(4) The facilitation of access to publicly accessible online safety education and public awareness efforts by other relevant agencies, State and local governments, nonprofit organizations, schools, industry, and other appropriate entities.

Not later than 1 year after the date of the enactment of this section, and annually thereafter for 10 years, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the activities carried out under section 211.

In this subtitle:

The term agency has the meaning given that term in section 551 of title 5, United States Code.

The term Commission means the Federal Trade Commission.

The term minor means an individual under the age of 17.

The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.

The term online safety includes issues regarding the use of the internet in a manner that promotes safe online activity for minors through the following:

(A) Protecting minors from cybercrimes, access to narcotics, tobacco products, gambling, alcohol, and other adult content.

(B) Preventing compulsive behavior online and other adverse impacts on the physical and mental health of minors.

(C) Facilitating the effective use of safeguards, parental controls, and other tools to empower parents, guardians, and minors to protect minors online.

The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe.

The table of contents for subtitle A of the Protecting Children in the 21st Century Act (15 U.S.C. 6551 et seq.) is amended—

(1) by striking the items related to sections 211 through 214 and 216; and

(2) inserting before section 215 the following:

This part may be cited as the AI Warnings And Resources for Education Act or the AWARE Act.

Not later than 1 year after the date of the enactment of this Act, the Commission, in consultation with relevant agencies, shall develop and make available to the public educational resources for parents, educators, and minors with respect to the safe and responsible use of chatbots by minors.

The educational resources developed and made available under subsection (a) shall include resources on—

(1) the risks and benefits of chatbot use;

(2) privacy and data collection practices; and

(3) best practices for parents supporting the safe use of chatbots by minors.

The Commission shall, in a manner appropriate for minors, model the educational resources developed and made available under subsection (a) on the Youville program of the Commission.

This subtitle may be cited as the Kids Internet Safety Partnership Act.

Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish the Kids Internet Safety Partnership.

The Secretary shall appoint a Director to be the head of the Partnership.

The duties of the Partnership shall be the following:

(1) Coordinate with relevant agencies, including the Commission, and stakeholders to identify—

(A) the risks for minors with respect to the use of websites, online services, online applications, and mobile applications;

(B) the benefits for minors with respect to the use of websites, online services, online applications, and mobile applications; and

(C) widely accepted or evidence-based best practices that account for minors of different ages and—

(i) address the risks identified under subparagraph (A); and

(ii) preserve and enhance the benefits identified under subparagraph (B).

(2) Not later than 1 year after the date on which the Partnership is established, and every 2 years thereafter, publish on a publicly available website a report that details—

(A) the identifications made under paragraph (1); and

(B) the efficacy and adoption by websites, online services, online applications, and mobile applications of—

(i) safeguards for minors; and

(ii) parental tools.

(3) Not later than 2 years after the date on which the Partnership is established, publish on a publicly available website a playbook for providers and developers of websites, online services, online applications, and mobile applications to facilitate the implementation of widely accepted or evidence-based best practices that account for minors of different ages and address the risks identified under paragraph (1)(A) and preserve and enhance the benefits identified under paragraph (1)(B), including best practices with respect to—

(A) age verification, assurance, and estimation techniques;

(B) design features;

(C) parental tools;

(D) default privacy and account settings;

(E) reporting systems and tools;

(F) third-party safety software services; and

(G) limitations and opt-outs related to personalized recommendation systems and chatbots.

In coordinating with stakeholders under subsection (c)(1), the Partnership shall coordinate with the following:

(1) Academic experts with specific expertise with respect to the prevention of risks for minors online.

(2) Researchers with specific expertise with respect to social media.

(3) Parents and minors with demonstrated experience with respect to the safety of minors online.

(4) Educators with demonstrated experience with respect to the safety of minors online.

(5) Online platforms.

(6) Experts in academia and civil society with specific expertise with respect to constitutional law, privacy, free expression, access to information, and civil liberties.

(7) State attorneys general (or designees thereof who work in State or local government).

The Partnership shall terminate on the date that is 5 years after the date on which the Partnership is established.

In this section:

The term parental tool —

(A) means a tool that—

(i) a website, online service, online application, or mobile application provides to a parent of a user who the service or application knows is a minor; and

(ii) the parent uses to support such user with respect to the use of the website, service, or application; and

(B) includes a tool that allows a parent of a user who the website, service, or application knows is a minor to—

(i) view or change the privacy and account settings of such user;

(ii) grant or withdraw verifiable parental consent;

(iii) restrict the purchases and financial transactions of such user;

(iv) view metrics of the total time spent on such website, service, or application by such user;

(v) restrict time spent on such website, service, or application by such user;

(vi) report illegal or harmful conduct on such website, service, or application with respect to which such user may be a victim; and

(vii) limit or opt-out of personalized recommendation systems or chatbots.

The term Partnership means the Kids Internet Safety Partnership established under subsection (a).

The term Secretary means the Secretary of Commerce.

A violation of this Act shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.

The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act, and any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.

Nothing in this title may be construed to limit the authority of the Commission under any other provision of law.

In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to—

(A) enjoin such act or practice;

(B) enforce compliance with this Act;

(C) obtain damages, restitution, or other compensation on behalf of residents of the State; or

(D) obtain such other legal and equitable relief as the court may consider to be appropriate.

Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action.

On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right—

(i) to intervene in the action;

(ii) upon so intervening—

(I) to be heard on all matters arising therein; and

(II) to file petitions for appeal.

If the Commission or the Attorney General of the United States has instituted a civil action for violation of this Act (referred to in this subparagraph as the Federal action), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of this Act alleged in such complaint.

For purposes of bringing a civil action under this subsection, nothing in this Act may be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.

A petition for review that challenges the constitutionality of this Act or the constitutionality of any action, finding, or determination under this Act may be filed only in the United States Court of Appeals for the District of Columbia Circuit.

The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over any challenge to the constitutionality of this Act or the constitutionality of any action, finding, or determination under this Act.

A challenge to this Act may only be brought—

(1) in the case of a challenge to the constitutionality of this Act, not later than 90 days after the date of the enactment of this Act; and

(2) in the case of a challenge to the constitutionality of any action, finding, or determination under this Act, not later than 60 days after the date of such action, finding, or determination.

Nothing in this Act may be construed to do any of the following:

(1) Allow a governmental entity to enforce this Act based on a viewpoint expressed by or through any speech, expression, or information protected by the First Amendment to the Constitution of the United States.

(2) Prevent the taking of reasonable measures to block or filter spam, prevent criminal activity, or protect the security of a platform or service.

(3) Require the disclosure of the browsing behavior, search history, messages, contact list, or other content or metadata of the communications of a minor.

(4) Limit or impair 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.

(5) Expand, limit the scope of, or alter the meaning of section 230 of the Communications Act of 1934 (47 U.S.C. 230).

(6) Restrict the ability to—

(A) cooperate with a law enforcement agency regarding activity reasonably and in good faith believed to violate a Federal, State, or local law, rule, or regulation;

(B) comply with a lawful civil, criminal, or regulatory inquiry, subpoena, or summons from a Federal, State, local, or other governmental authority;

(C) investigate, establish, exercise, respond to, or defend against a legal claim;

(D) prevent, detect, or respond to a security incident, identity theft, fraud, harassment, or any other malicious, deceptive, or illegal activity; or

(E) investigate or report a person responsible for an activity described in subparagraph (D).

(7) Decrypt or ensure an ability to decrypt an encrypted communication of a user.

(8) Preclude the use of any form of encryption, including end-to-end encryption, for any communication of a user.

(9) Design, build, or implement any feature, function, software, hardware, or other capability for the purpose of weakening, undermining, circumventing, or overcoming any security control, including encryption, that is used to protect the privacy or security of any communication or data of a user.

(10) Require indefinite retention of data of a user.

(11) Require the affirmative collection of any personal information with respect to age that is not collected already in the normal course of business.

If any provision of this Act or the application of this Act to any person or circumstance is held to be unconstitutional, the remaining provisions of this Act and the application of this Act to other persons or circumstances shall not be affected.

Except as otherwise provided in this Act, this Act shall take effect on the date that is 1 year after the date of the enactment of this Act.