Text of AR HB 1083 (2025)

Stricken language would be deleted from and underlined language would be added to present law. *LJH015* 01/13/2025 8:28:03 AM LJH015 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1083 3 4 By: Representatives A. Collins, Springer 5 6 7 For An Act To Be Entitled 8 AN ACT TO CREATE THE ARKANSAS KIDS ONLINE SAFETY ACT; 9 AND FOR OTHER PURPOSES. 10 11 12 Subtitle 13 TO CREATE THE ARKANSAS KIDS ONLINE 14 SAFETY ACT. 15 16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 18 SECTION 1. Arkansas Code Title 4, Chapter 88, is amended to add an 19 additional subchapter to read as follows: 20 Subchapter 15 — Arkansas Kids Online Safety Act 21 22 4-88-1501. Title. 23 This subchapter shall be known and may be cited as the "Arkansas Kids 24 Online Safety Act". 25 26 4-88-1502. Definitions. 27 As used in this subchapter: 28 (1) "Child" means an individual who is twelve (12) years of age 29 or less; 30 (2) "Compulsive usage" means any response stimulated by external 31 factors that causes an individual to engage in repetitive behavior that is 32 reasonably likely to cause psychological distress, loss of control, anxiety, 33 or depression; 34 (3) "Connected device” means an electronic device that: 35 (A) Is capable of connecting to the internet, either 36 HB1083 2 01/13/2025 8:28:03 AM LJH015 directly or indirectly through a network, to communicate information at the 1 direction of an individual; 2 (B) Has computer processing capabilities for collecting, 3 sending, receiving, or analyzing data; and 4 (C) Is primarily designed for or marketed to consumers; 5 (4)(A) "Covered platform" means an entity that operates an 6 online platform, online video game, messaging application, or video streaming 7 service that: 8 (i) Connects to the internet; and 9 (ii) Is used, or is reasonably likely to be used, by 10 a minor. 11 (B) "Covered platform" does not include: 12 (i) An entity acting in the entity's own capacity as 13 a provider of: 14 (a) A common carrier service subject to the 15 Telecommunications Act of 1996, Pub. L. No. 73-416; 16 (b) A broadband internet access service as 17 defined in 47 C.F.R. § 8.1(b), as it existed on January 1, 2025; 18 (c) An email service; 19 (d) A teleconferencing or videoconferencing 20 service that allows reception and transmission of audio and video signals for 21 real-time communication, provided that: 22 (1) It is not an online platform such as 23 a social media service or social network; and 24 (2) The real-time communication is 25 initiated by using a unique link or identifier to facilitate access; or 26 (e) A wireless messaging service, including a 27 service that is provided through short messaging service or multimedia 28 messaging service protocols: 29 (1) That is not a component of or linked 30 to an online platform; and 31 (2) Where the predominant or exclusive 32 function is direct messaging consisting of the transmission of text, photos, 33 or videos that are sent by electronic means, where messages are transmitted 34 from the sender to the recipient, and are not posted within an online 35 platform or publicly; 36 HB1083 3 01/13/2025 8:28:03 AM LJH015 (ii) An organization that is not organized to carry 1 on business for its own profit or the profit of its members; 2 (iii) A public or private preschool, elementary 3 school, secondary school, or any institution of vocational, professional, or 4 higher education; 5 (iv) A library, as defined in the Library Services 6 and Technology Act, 20 U.S.C. § 9122, as it existed on January 1, 2025; 7 (v) A news website or news application where: 8 (a) The inclusion of video content on the 9 website or application is related to the website or application's own 10 gathering, reporting, or publishing of news content; and 11 (b) The website or application is not 12 otherwise an online platform; 13 (vi) A product or service that primarily functions 14 as business-to-business software; or 15 (vii) A virtual private network or similar service 16 that exists solely to route internet traffic between locations; 17 (5) "Deidentified" means data that does not identify and is not 18 linked or reasonably linkable to a device that is linked or reasonably 19 linkable to an individual, regardless of whether the information is 20 aggregated; 21 (6) "Geolocation" means information sufficient to identify a 22 street name and a name of a city or town; 23 (7)(A) "Individual-specific advertising to minors" means 24 advertising or any other effort to market a product or service that is 25 directed to a specific minor or a device that is linked or reasonably 26 linkable to a minor based on: 27 (i) The personal data of the minor or a group of 28 minors who are similar in sex, age, income level, race, or ethnicity to the 29 specific minor to whom the product or service is marketed; 30 (ii) Psychological profiling of a minor or group of 31 minors; or 32 (iii) A unique identifier of the device. 33 (B) "Individual-specific advertising to minors" includes 34 advertising or any other effort to market a product or service that is 35 directed to a specific minor or a device that is linked or reasonably 36 HB1083 4 01/13/2025 8:28:03 AM LJH015 linkable to a minor as a result of use by the minor, access by device of the 1 minor, or use by a group of minors who are similar to the specific minor, of 2 more than a single: 3 (i) Website; 4 (ii) Online service; 5 (iii) Online application; 6 (iv) Mobile application; or 7 (v) Connected device. 8 (C) "Individual-specific advertising to minors" does not 9 include: 10 (i) Advertising or marketing to a minor or the 11 device of the minor's specific request for information or feedback, including 12 without limitation a minor's current search query; 13 (ii) Contextual advertising, including without 14 limitation when an advertisement is displayed based on the content of the 15 covered platform on which the advertisement appears and does not vary based 16 on personal information related to the minor; or 17 (iii) Processing personal information solely for 18 measuring or reporting advertising or content performance, reach, or 19 frequency, including without limitation independent measurement; 20 (8) "Knows" means to have actual knowledge or knowledge fairly 21 implied on the basis of objective circumstances; 22 (9) "Mental health disorder" means the same as "mental disorder" 23 under the most current edition of the Diagnostic and Statistical Manual of 24 Mental Disorders; 25 (10) "Minor" means an individual who is sixteen (16) years of 26 age or younger; 27 (11) "Narcotic drugs" means the same as defined in the 28 Controlled Substances Act, 21 U.S.C. § 802, as it existed on January 1, 2025; 29 (12) "Online platform" means any public-facing website, online 30 service, online application, or mobile application that predominantly 31 provides a community forum for user generated content, including without 32 limitation sharing videos, images, games, audio files, or other content; 33 (13) "Online video game" means a video game, including an 34 educational video game, that connects to the internet and: 35 (A) Allows a user to: 36 HB1083 5 01/13/2025 8:28:03 AM LJH015 (i) Create and upload content; 1 (ii) Engage in microtransactions within the game; or 2 (iii) Communicate with other users; or 3 (B) Incorporates minor-specific advertising; 4 (14) "Parent" means a: 5 (A) Natural parent of a minor; 6 (B) Legal guardian of a minor; or 7 (C) Individual with legal custody of a minor; 8 (15) "Personal data" means information that identifies or is 9 linked or reasonably linkable to a particular minor, including without 10 limitation a consumer device identifier that is linked or reasonably linkable 11 to a minor; 12 (16) "Personalized recommendation system" means a fully or 13 partially automated system used to suggest, promote, or rank content, 14 including other users or posts, based on the personal data of a user or 15 users; and 16 (17) "Verifiable parental consent" means the same as defined in 17 the Children's Online Privacy Protection Act, 15 United States Code § 6501, 18 as it existed on January 1, 2025. 19 20 4-88-1503. Duty of care — Prevention of harm to minors — Limitations. 21 (a) A covered platform shall take reasonable measures in the design 22 and operation of any product, service, or feature that the covered platform 23 knows is used by minors to prevent and mitigate harm to minors, including 24 without limitation: 25 (1) The following mental health disorders, consistent with 26 evidence-informed medical information: 27 (A) Anxiety; 28 (B) Depression; 29 (C) Eating disorders; 30 (D) Substance use disorders; and 31 (E) Suicidal behaviors; 32 (2) Patterns of use that indicate or encourage addiction-like 33 behaviors; 34 (3) Physical violence, online bullying, and harassment of the 35 minor; 36 HB1083 6 01/13/2025 8:28:03 AM LJH015 (4) Sexual exploitation and abuse; 1 (5) Promotion and marketing of narcotic drugs, tobacco products, 2 gambling, or alcohol; and 3 (6) Predatory, unfair, or deceptive marketing practices and 4 other financial harms. 5 (b) This section shall not be construed to require a covered platform 6 to prevent or preclude: 7 (1) A minor from deliberately and independently searching for or 8 specifically requesting content; 9 (2) The covered platform or individuals on the platform from 10 providing resources for the prevention or mitigation of the harms described 11 in subsection (a) of this section; or 12 (3) A covered platform that knows that an individual is a minor 13 from delivering an advertisement that is age-appropriate for the minor 14 involved and intended for a minor, so long as the covered platform does not 15 use any personal data other than the age of the minor in deciding to deliver 16 the advertisement. 17 18 4-88-1504. Safeguards for minors — Parental tools — Reporting — 19 Application. 20 (a) A covered platform shall provide an individual that the covered 21 platform knows is a minor with readily accessible and easy-to-use safeguards 22 to: 23 (1) Limit the ability of other individuals to communicate with 24 the minor; 25 (2) Prevent other users, whether registered or not, from viewing 26 the minor's personal data collected by or shared on the covered platform, 27 including without limitation restricting public access to personal data; 28 (3) Limit features that increase, sustain, or extend use of the 29 covered platform by the minor, including without limitation: 30 (A) Automatic playing of media; 31 (B) Rewards for time spent on the platform; 32 (C) Notifications; and 33 (D) Other features that result in compulsive usage of the 34 covered platform by the minor; 35 (4) Control personalized recommendation systems by providing the 36 HB1083 7 01/13/2025 8:28:03 AM LJH015 minor with the ability to: 1 (A) Opt out of personalized recommendation systems while 2 still allowing the display of content based on a chronological format; or 3 (B) Limit access to certain types or categories of 4 recommendations from the personalized recommendation systems; 5 (5) Restrict the sharing of the geolocation of the minor to 6 other users on the platform; and 7 (6) Provide notice regarding the tracking of the minor's 8 geolocation. 9 (b) A covered platform shall provide an individual that the covered 10 platform knows is a minor with readily accessible and easy-to-use options to: 11 (1) Delete the minor's account and any personal data collected 12 from or shared by the minor on the covered platform; or 13 (2) Limit the amount of time spent by the minor on the covered 14 platform. 15 (c) A covered platform shall provide that, in the case of a user that 16 the platform knows is a minor, the default setting for any safeguard 17 described under subsection (a) of this section shall be the option available 18 on the platform that provides the most protective level of control that is 19 offered by the platform over privacy and safety for that user. 20 (d)(1) A covered platform shall provide readily accessible and easy- 21 to-use settings for a parent to support an individual that the covered 22 platform knows is a minor with respect to the individual's use of the covered 23 platform. 24 (2) The parental tools provided by a covered platform shall 25 include: 26 (A) The ability to manage a minor's privacy and account 27 settings, including without limitation the safeguards and options established 28 under subsections (a) and (b) of this section, in a manner that allows a 29 parent to: 30 (i) View the privacy and account settings; and 31 (ii) In the case of a user that the covered platform 32 knows is a child, change and control the privacy and account settings; and 33 (B) The ability to: 34 (i) Restrict purchases and financial transactions by 35 the minor; and 36 HB1083 8 01/13/2025 8:28:03 AM LJH015 (ii) View metrics of total time spent on the 1 platform and restrict time spent on the covered platform by the minor. 2 (3) A covered platform shall provide clear and conspicuous 3 notice to an individual that the platform knows is a minor when the tools 4 under subdivisions (1)—(3) of this subsection (d) are in use and what 5 settings or controls have been applied. 6 (4) If a covered platform knows a user is a child, the covered 7 platform shall ensure that the tools described under subdivisions (1)—(3) of 8 this subsection (d) are enabled by default. 9 (e)(1) A covered platform shall provide: 10 (A) A readily accessible and easy-to-use means to submit 11 reports to the covered platform of harms to a minor; 12 (B) An electronic point of contact specific to matters 13 involving harms to a minor; and 14 (C) Confirmation of the covered platform's receipt of such 15 a report and a means to track a submitted report through the covered 16 platform. 17 (2)(A) A covered platform shall establish an internal process to 18 receive and substantively respond to such reports in a reasonable and timely 19 manner, but in no case later than: 20 (i) Ten (10) days after receipt of a report, if for 21 the most recent calendar year, the covered platform averaged more than ten 22 million (10,000,000) active users on a monthly basis in the United States; or 23 (ii) Twenty-one (21) days after receipt of a report, 24 if for the most recent calendar year, the covered platform averaged fewer 25 than ten million (10,000,000) active users on a monthly basis in the United 26 States. 27 (B) However, if the report under this subsection (e) 28 involves an imminent threat to the safety of a minor, a covered platform 29 shall address as promptly as possible the reported threat to safety. 30 (f) If a covered platform knows an individual is a minor, the covered 31 platform shall not facilitate advertising to the minor of: 32 (1) Narcotic drugs; 33 (2) Tobacco products; 34 (3) Gambling; or 35 (4) Alcohol. 36 HB1083 9 01/13/2025 8:28:03 AM LJH015 (g) A covered platform shall implement the safeguards and parental 1 controls described under subsections (a)—(d) of this section by providing: 2 (1) Information and control options in a clear and conspicuous 3 manner that: 4 (A) Considers the differing ages, capacities, and 5 developmental needs of the minors most likely to access the covered platform; 6 and 7 (B) Does not encourage a minor or a parent of a minor 8 to weaken or disable safeguards or parental controls; 9 (2) Readily accessible and easy-to-use controls to enable or 10 disable safeguards or parental controls; and 11 (3) Information and control options in the same language, form, 12 and manner as the covered platform provides the product or service used by 13 minors and their parents. 14 (h) It is unlawful and a violation of the Deceptive Trade Practices 15 Act, § 4-88-101 et seq., for any covered platform to design, modify, or 16 manipulate a user interface of a covered platform with the purpose or 17 substantial effect of subverting or impairing user autonomy, decision-making, 18 or choice regarding safeguards or parental controls required under this 19 section. 20 (i) Nothing in this section shall be construed to: 21 (1) Prevent a covered platform from taking reasonable measures 22 to: 23 (A) Block, detect, or prevent the distribution of 24 unlawful, obscene, or other harms to minors as described in § 4-88-1503; or 25 (B) Block or filter spam, prevent criminal activity, or 26 protect the security of a covered platform; 27 (2) Require the disclosure of a minor's browsing behavior, 28 search history, messages, contact list, or other content or metadata of his 29 or her communications; 30 (3) Prevent a covered platform from using a personalized 31 recommendation system to display content to a minor if the personalized 32 recommendation system only uses information on: 33 (A) The language spoken by the minor; 34 (B) The city the minor is located in; or 35 (C) The minor's age; or 36 HB1083 10 01/13/2025 8:28:03 AM LJH015 (4) Prohibit a covered platform from integrating its products or 1 service with controls from third-party systems, including without limitation 2 operating systems or gaming consoles, to meet the requirements imposed under 3 subsections (a)—(d) of this section regarding safeguards for minors and tools 4 for parents, provided that: 5 (A) The controls meet the requirements under subsections 6 (a)—(d) of this section; and 7 (B) The minor or parent is provided with reasonable notice 8 under the circumstances of the integration and use of the controls. 9 10 4-88-1505. Disclosure — Notice — Personalized recommendation system — 11 Advertising and marketing information and labels — Resources. 12 (a)(1) Before registration or purchase of a covered platform by an 13 individual that the platform knows is a minor, the covered platform shall 14 provide clear, conspicuous, and easy-to-understand: 15 (A) Notice of the policies and practices of the covered 16 platform regarding personal data and safeguards for minors; 17 (B) Information about how to access the safeguards and 18 parental tools required under § 4-88-1504; and 19 (C) Notice regarding whether the covered platform uses or 20 makes available to minors a product, service, or feature, including without 21 limitation a personalized recommendation system, that poses any heightened 22 risk of harm to minors. 23 (2)(A) In the case of an individual that a covered platform 24 knows is a child, the platform shall provide information about the parental 25 tools and safeguards required under § 4-88-1504 to a parent of the child and 26 obtain verifiable parental consent from the parent before the initial use of 27 the covered platform by the child. 28 (B) A covered platform is deemed to have satisfied the 29 requirement described in subdivision (a)(2)(A) if the covered platform uses 30 reasonable efforts taking into consideration available technology to provide 31 a parent with the information described in subdivision (a)(2)(A) of this 32 section and to obtain verifiable parental consent under § 4-88-1504. 33 (C) If the covered platform is not required to obtain 34 verifiable parental consent under § 4-88-1504, the covered platform shall 35 provide information about the parental tools and safeguards required under § 36 HB1083 11 01/13/2025 8:28:03 AM LJH015 4-88-1504 to a parent of a user that the platform knows is a child and obtain 1 parental consent from the parent before the initial use of the covered 2 platform by the child. 3 (b) A covered platform that operates a personalized recommendation 4 system shall, in a clear, conspicuous, and easy-to-understand manner, set out 5 in its terms and conditions of use: 6 (1) An overview of how the personalized recommendation system is 7 used by the covered platform to provide information to the users of the 8 platform who are minors, including without limitation how the personalized 9 recommendation system uses the personal data of minors; and 10 (2) Information about options for a minor or his or her parent 11 to opt out of or control the personalized recommendation system. 12 (c) A covered platform that facilitates advertising aimed at a user 13 that the covered platform knows is a minor shall provide clear, conspicuous, 14 and easy-to-understand information and labels to the minor on advertisements 15 regarding: 16 (1) The name of the product, service, or brand and the subject 17 matter of an advertisement; 18 (2) If the covered platform engages in individual-specific 19 advertising to minors, why a particular advertisement is directed to a 20 specific minor, including without limitation material information about how 21 the minor's personal data is used to direct the advertisement to the minor; 22 and 23 (3) Whether particular media displayed to the minor is an 24 advertisement or marketing material, including without limitation disclosure 25 of endorsements of products, services, or brands made for commercial 26 consideration by other users of the covered platform. 27 (d) A covered platform shall provide to a minor and his or her parent 28 clear, conspicuous, easy-to-understand, and comprehensive information in a 29 prominent location regarding: 30 (1) The covered platform's policies and practices regarding 31 collection and retention of personal data and safeguards in place to protect 32 minors; and 33 (2) How to access the safeguards and tools required under § 4- 34 88-1504. 35 (e) A covered platform shall ensure, to the extent practicable, that 36 HB1083 12 01/13/2025 8:28:03 AM LJH015 the disclosures required by this section are made available in the same 1 language, form, and manner as the covered platform provides any product or 2 service used by a minor and his or her parent. 3 4 4-88-1506. Enforcement. 5 (a) In an enforcement action brought under this subchapter, the 6 Attorney General shall allege a violation of a provision of this subchapter. 7 (b)(1) A violation of this subchapter is: 8 (A) An unfair and deceptive act or practice under the 9 Deceptive Trade Practices Act, § 4-88-101 et seq.; and 10 (B) Punishable solely by action of the Attorney General. 11 (2) All remedies, penalties, and authority granted to the 12 Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., 13 shall be available to the Attorney General for the enforcement of this 14 subchapter. 15 (3) The remedies and penalties for violations under this 16 subchapter are cumulative and in addition to other procedures or remedies for 17 violations or conduct under other law. 18 19 4-88-1507. Kids Online Safety Council. 20 (a) There is created within the Department of Commerce a council to be 21 known as the "Kids Online Safety Council". 22 (b) The council shall consist of nine (9) members appointed by the 23 Secretary of Commerce and include diverse participation from: 24 (1) Academic experts, health professionals, and members of civil 25 society with expertise in mental health, substance use disorders, and the 26 prevention of harms to minors; 27 (2) Representatives in academia and civil society with specific 28 expertise in privacy and civil liberties; 29 (3) Parents and youth representation; 30 (4) Representatives of covered platforms; 31 (5) Representatives of the State Securities Department, the 32 Department of Corrections, the Department of Health, and the Department of 33 Human Services; 34 (6) Educators; and 35 (7) Representatives of communities of socially disadvantaged 36 HB1083 13 01/13/2025 8:28:03 AM LJH015 individuals as defined in the Small Business Act, 15 U.S.C. § 631 et seq., as 1 it existed on January 1, 2025. 2 (c) The council shall: 3 (1) Identify emerging or current risks of harms to minors 4 associated with online platforms; 5 (2) Recommend measures and methods for assessing, preventing, 6 and mitigating harms to minors online; 7 (3) Recommend methods and themes for conducting research 8 regarding online harms to minors, including in English and languages other 9 than English; and 10 (4) Recommend best practices and clear, consensus-based 11 technical standards for transparency reports and audits, as required under 12 this subchapter, including methods, criteria, and scope to promote overall 13 accountability. 14 15 4-88-1508. Filter bubble transparency requirements. 16 (a) As used in this section: 17 (1) "Algorithmic ranking system” means a computational process, 18 including without limitation a computational process derived from algorithmic 19 decision-making, machine learning, statistical analysis, or other data 20 processing or artificial intelligence techniques, used to determine the 21 selection, order, relative prioritization, or relative prominence of content 22 from a set of information that is provided to a user on a covered platform, 23 including without limitation the: 24 (A) Ranking of search results; 25 (B) Provision of content recommendations; 26 (C) Display of social media posts; or 27 (D) Any other method of automated content selection; 28 (2) "Downstream provider” means, with respect to a search 29 syndication contract, the person that receives access to an index of web 30 pages on the internet from an upstream provider under such contract; 31 (3)(A) "Input-transparent algorithm” means an algorithmic 32 ranking system that does not use the user-specific data of a user to 33 determine the selection, order, relative prioritization, or relative 34 prominence of information that is furnished to such user on a covered 35 platform, unless the user-specific data is expressly provided to the covered 36 HB1083 14 01/13/2025 8:28:03 AM LJH015 platform by the user for that purpose. 1 (B) For purposes of subsection (3)(A) of this section, 2 user-specific data that is provided by a user for the express purpose of 3 determining the selection, order, relative prioritization, or relative 4 prominence of information that is furnished to such user on a covered 5 platform: 6 (i) Shall include user-supplied search terms, 7 filters, speech patterns, if provided for the purpose of enabling the 8 platform to accept spoken input or selecting the language in which the user 9 interacts with the platform, saved preferences, and the current precise 10 geolocation information that is supplied by the user; 11 (ii) Shall include the user's current approximate 12 geolocation information; 13 (iii) Shall include data affirmatively supplied to 14 the covered platform by the user that expresses the user's desire to receive 15 particular information, such as the social media profiles the user follows, 16 the video channels the user subscribes to, or other content or sources of 17 content on the platform the user has selected; 18 (iv) Shall not include the history of the user's 19 connected device, including the user's history of web searches and browsing, 20 previous geographical locations, physical activity, device interaction, and 21 financial transactions; and 22 (v) Shall not include inferences about the user or 23 the user's connected device, without regard to whether such inferences are 24 based on data described in subdivision (4)(B)(i) or (4)(B)(iii) of this 25 section; 26 (4)(A) "Opaque algorithm” means an algorithmic ranking system 27 that determines the selection, order, relative prioritization, or relative 28 prominence of information that is furnished to the user on a covered internet 29 platform based, in whole or part, on user-specific data that was not 30 expressly provided by the user to the platform for such purpose. 31 (B) "Opaque algorithm" does not include an algorithmic 32 ranking system used by a covered platform if: 33 (i) The only user-specific data, including without 34 limitation inferences about the user, that algorithmic ranking system uses is 35 information relating to the age of the user; and 36 HB1083 15 01/13/2025 8:28:03 AM LJH015 (ii) The information is only used to restrict a 1 user's access to content on the basis that the individual is a minor; 2 (5) "Search syndication contract” means a contract or 3 subcontract for the sale of, license of, or other right to access an index of 4 web pages or search results on the internet for the purpose of operating an 5 internet search engine; 6 (6) "Upstream provider” means, with respect to a search 7 syndication contract, the person that grants access to an index of web pages 8 or search results on the internet to a downstream provider under the 9 contract; and 10 (7) "User-specific data” means information relating to an 11 individual or a specific connected device that would not necessarily be true 12 of every individual or device. 13 (b)(1) Beginning on the date that is one (1) year after the date of 14 enactment of this subchapter, it shall be unlawful: 15 (A) For any person to operate a covered platform that uses 16 an opaque algorithm unless the person complies with the requirements of 17 subdivision (b)(2) of this section; or 18 (B) For any upstream provider to grant access to an index 19 of web pages on the internet under a search syndication contract that does 20 not comply with the requirements of subdivision (b)(3) of this section. 21 (2)(A) A covered platform operating an opaque algorithm shall: 22 (i) Provide notice to users of the platform: 23 (a) That the covered platform uses an opaque 24 algorithm that uses user-specific data to select the content the user sees, 25 with such notice presented in a clear, conspicuous manner on the covered 26 platform whenever the user interacts with an opaque algorithm for the first 27 time that can be dismissed by the user; and 28 (b) In the terms and conditions of the covered 29 platform, in a clear, accessible, and easily comprehensible manner to be 30 updated no less frequently than once every six (6) months: 31 (1) The most important features, inputs, 32 and parameters used by the algorithm; 33 (2) How any user-specific data used by 34 the algorithm is collected or inferred about a user of the covered platform, 35 and the categories of such data; 36 HB1083 16 01/13/2025 8:28:03 AM LJH015 (3) Any options that the covered 1 internet platform makes available for a user of the platform to opt out or 2 exercise options under subsection (b)(2)(A)(ii) of this section, modify the 3 profile of the user, or influence the features, inputs, or parameters used by 4 the algorithm; and 5 (4) Any quantities, such as time spent 6 using a product or specific measures of engagement or social interaction, 7 that the algorithm is designed to optimize, as well as a general description 8 of the relative importance of each quantity for such ranking; and 9 (ii) Make available a version of the platform that 10 uses an input-transparent algorithm and enables users to easily switch 11 between the version of the platform that uses an opaque algorithm and the 12 version of the platform that uses the input-transparent algorithm. 13 (B) Subdivision (b)(2)(A) of this section shall not apply 14 with respect to an internet search engine if: 15 (i) The search engine is operated by a downstream 16 provider with fewer than one thousand (1,000) employees; and 17 (ii) The search engine uses an index of web pages on 18 the internet to which such provider received access under a search 19 syndication contract. 20 (3) An upstream provider engaged in a search syndication 21 contract shall: 22 (A) Make the upstream provider makes available to the 23 downstream provider the same input-transparent algorithm used by the upstream 24 provider for purposes of complying with subdivision (b)(2)(A)(ii) of this 25 section; and 26 (B) Not impose any additional costs, degraded quality, 27 reduced speed, or other constraint on the functioning of the algorithm when 28 used by the downstream provider to operate an internet search engine relative 29 to the performance of the algorithm when used by the upstream provider to 30 operate an internet search engine. 31 (4) A covered platform shall not deny, charge different prices 32 or rates for, or condition the provision of a service or product to an 33 individual based on the individual’s election to use a version of the 34 platform that uses an input-transparent algorithm as provided under 35 subdivision (b)(2)(A)(ii) of this section. 36 HB1083 17 01/13/2025 8:28:03 AM LJH015 (c) A violation of this section by an operator of a covered platform 1 shall be treated as an unfair or deceptive act or practice under the 2 Deceptive Trade Practices Act, § 4-88-101 et seq. 3 (d) Nothing in this section shall be construed to limit or prohibit a 4 covered platform’s ability to, at the direction of an individual user or 5 group of users, restrict another user from searching for, finding, accessing, 6 or interacting with such user’s or group’s account, content, data, or online 7 community. 8 9 4-88-1509. Construction. 10 (a) For purposes of enforcing this subchapter, in making a 11 determination as to whether a covered platform has knowledge fairly implied 12 on the basis of objective circumstances that a user is a minor, the Attorney 13 General shall rely on competent and reliable empirical evidence, taking into 14 account the totality of the circumstances, including without limitation 15 consideration of whether the operator, using available technology, exercised 16 reasonable care. 17 (b) Nothing in this subchapter shall be construed to require: 18 (1) The affirmative collection of any personal data with respect 19 to the age of users that a covered platform is not already collecting in the 20 normal course of business; or 21 (2) A covered platform to implement an age gating or age 22 verification functionality. 23 (c) Nothing in this subchapter shall be construed to restrict a 24 covered platform's ability to: 25 (1) Cooperate with law enforcement agencies regarding activity 26 that the covered platform reasonably and in good faith believes may violate 27 federal law, state law, or local regulations; 28 (2) Comply with a civil, criminal, or regulatory inquiry or any 29 investigation, subpoena, or summons by federal, state, local, or other 30 government authorities; or 31 (3) Investigate, establish, exercise, respond to, or defend 32 against legal claims. 33 (d) A video streaming service is in compliance with this subchapter 34 if: 35 (1) It predominantly consists of news, sports, entertainment, or 36 HB1083 18 01/13/2025 8:28:03 AM LJH015 other video programming content that is preselected by the provider and not 1 user-generated; 2 (2) Any chat, comment, or interactive functionality that the 3 video streaming service provides is incidental to, directly related to, or 4 dependent on provision of that content; and 5 (3) If the video streaming service requires account owner 6 registration and is not predominantly news or sports, the service includes 7 the capability: 8 (A) To limit a minor’s access to the service, including 9 without limitation utilizing a system of age-rating; 10 (B) To limit the automatic playing of on-demand content 11 selected by a personalized recommendation system for an individual that the 12 service knows is a minor; 13 (C) To provide an individual that the service knows is a 14 minor with readily accessible and easy-to-use options to delete an account 15 held by the minor and delete any personal data collected from the minor on 16 the service, or, in the case of a service that allows a parent to create a 17 profile for a minor, to allow a parent to delete the minor’s profile, and to 18 delete any personal data collected from the minor on the service; 19 (D) For a parent to manage a minor’s privacy and account 20 settings, and restrict purchases and financial transactions by a minor; 21 (E) To provide an electronic point of contact specific to 22 matters described in subdivision (e)(3) of this section; 23 (F) To offer a clear, conspicuous, and easy-to-understand 24 notice of the covered platform's policies and practices with respect to 25 personal data and the capabilities described in this subdivision (e)(3) of 26 this section; and 27 (G) When providing on-demand content, to employ measures 28 that safeguard against serving advertising for narcotic drugs, tobacco 29 products, gambling, or alcohol directly to the account or profile of an 30 individual that the service knows is a minor. 31 32 33 34 35 36