Text of AR HB 1726 (2025)

Stricken language would be deleted from and underlined language would be added to present law. *LJH197* 03/10/2025 2:40:01 PM LJH197 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1726 3 4 By: Representatives Gramlich, A. Collins, Springer 5 By: Senators J. Boyd, C. Tucker 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 loss of control, anxiety, or depression; 33 (3) "Connected device” means an electronic device that: 34 (A) Is capable of connecting to the internet, either 35 directly or indirectly through a network, to communicate information at the 36 HB1726 2 03/10/2025 2:40:01 PM LJH197 direction of an individual; 1 (B) Has computer processing capabilities for collecting, 2 sending, receiving, or analyzing data; and 3 (C) Is primarily designed for or marketed to consumers; 4 (4)(A) "Covered platform" means an entity that operates an 5 online platform, messaging application, or video streaming service that: 6 (i) Connects to the internet; and 7 (ii) Is targeted to minors. 8 (B) "Covered platform" does not include: 9 (i) An entity acting in the entity's own capacity as 10 a provider of: 11 (a) A common carrier service subject to the 12 Telecommunications Act of 1996, Pub. L. No. 104-104; 13 (b) A broadband internet access service as 14 defined in 47 C.F.R. § 8.1(b), as it existed on January 1, 2025; 15 (c) An email service; 16 (d) A teleconferencing or videoconferencing 17 service that allows reception and transmission of audio and video signals for 18 real-time communication, provided that: 19 (1) It is not an online platform such as 20 a social media service or social network; and 21 (2) The real-time communication is 22 initiated by using a unique link or identifier to facilitate access; or 23 (e) A wireless messaging service, including a 24 service that is provided through short messaging service or multimedia 25 messaging service protocols: 26 (1) That is not a component of or linked 27 to an online platform; and 28 (2) Where the predominant or exclusive 29 function is direct messaging consisting of the transmission of text, photos, 30 or videos that are sent by electronic means, where messages are transmitted 31 from the sender to the recipient, and are not posted within an online 32 platform or publicly; 33 (ii) An organization that is not organized to carry 34 on business for its own profit or the profit of its members; 35 (iii) A public or private preschool, elementary 36 HB1726 3 03/10/2025 2:40:01 PM LJH197 school, secondary school, or any institution of vocational, professional, or 1 higher education, or any service provided on behalf of those institutions 2 that are subject to federal or state laws governing student privacy; 3 (iv) A library as defined in the Library Services 4 and Technology Act, 20 U.S.C. § 9121 et seq., as it existed on January 1, 5 2025; 6 (v) A news website or news application when: 7 (a) The inclusion of video content on the 8 website or application is related to the website or application's own 9 gathering, reporting, or publishing of news content; and 10 (b) The website or application is not 11 otherwise an online platform; 12 (vi) A product or service that primarily functions 13 as business-to-business software; 14 (vii) A virtual private network or similar service 15 that exists solely to route internet traffic between locations; or 16 (viii) An interactive gaming platform that complies 17 with the requirements of the Children's Online Privacy Protection Act, 15 18 U.S.C. § 6501 et seq., and the regulations, rules, guidance, and exemptions 19 under the Children's Online Privacy Protection Act, 15 U.S.C. § 6501 et seq., 20 as it existed on January 1, 2025; 21 (5) "Deidentified" means data that does not identify and is not 22 linked or reasonably linkable to a device that is linked or reasonably 23 linkable to an individual, regardless of whether the information is 24 aggregated; 25 (6) "Geolocation" means information sufficient to identify a 26 street name and a name of a city or town; 27 (7)(A) "Individual-specific advertising to minors" means 28 advertising or any other effort to market a product or service that is 29 directed to a specific minor or a device that is linked or reasonably 30 linkable to a minor based on: 31 (i) The personal data of the minor or a group of 32 minors who are similar in sex, age, income level, race, or ethnicity to the 33 specific minor to whom the product or service is marketed; 34 (ii) Psychological profiling of a minor or group of 35 minors; or 36 HB1726 4 03/10/2025 2:40:01 PM LJH197 (iii) A unique identifier of the device. 1 (B) "Individual-specific advertising to minors" includes 2 advertising or any other effort to market a product or service that is 3 directed to a specific minor or a device that is linked or reasonably 4 linkable to a minor as a result of use by the minor, access by device of the 5 minor, or use by a group of minors who are similar to the specific minor of 6 more than a single: 7 (i) Website; 8 (ii) Online service; 9 (iii) Online application; 10 (iv) Mobile application; or 11 (v) Connected device. 12 (C) "Individual-specific advertising to minors" does not 13 include: 14 (i) Advertising or marketing to a minor or the 15 device of the minor's specific request for information or feedback, including 16 without limitation a minor's current search query; 17 (ii) Contextual advertising, including without 18 limitation when an advertisement is displayed based on the content of the 19 covered platform on which the advertisement appears and does not vary based 20 on personal information related to the minor; or 21 (iii) Processing personal information solely for 22 measuring or reporting advertising or content performance, reach, or 23 frequency, including without limitation independent measurement. 24 (D) Subdivision (7)(A) of this section does not prohibit a 25 covered platform that knows that an individual is a minor from delivering an 26 advertisement that is age-appropriate for the minor involved and intended for 27 a minor, so long as the covered platform does not use any personal data other 28 than whether the individual is a minor in deciding to deliver the 29 advertisement; 30 (8) "Knows" means to have actual knowledge or knowledge fairly 31 implied on the basis of objective circumstances; 32 (9) "Mental health disorder" means the same as "mental disorder" 33 under the most current edition of the Diagnostic and Statistical Manual of 34 Mental Disorders; 35 (10) "Minor" means an individual who is sixteen (16) years of 36 HB1726 5 03/10/2025 2:40:01 PM LJH197 age or younger; 1 (11) "Narcotic drugs" means the same as defined in the 2 Controlled Substances Act, 21 U.S.C. § 801 et seq., as it existed on January 3 1, 2025; 4 (12)(A) "Online platform" means any public-facing website, 5 online service, online application, or mobile application created primarily 6 to serve a community forum for user generated content, including without 7 limitation sharing videos, images, audio files, or other content. 8 (B) "Online platform" does not include: 9 (i) An entity that solely provides access to third- 10 party applications through a website, online service, online application, or 11 mobile application without exercising control over the functionality, 12 content, or user interactions within those applications; 13 (ii) A broadband internet service; or 14 (iii) A telecommunications service, as defined in 47 15 U.S.C. § 153, as it existed on January 1, 2025; 16 (13) "Parent" means: 17 (A) A natural parent of a minor; 18 (B) A legal guardian of a minor; or 19 (C) An individual with legal custody of a minor; 20 (14) "Personal data" means information that identifies or is 21 linked or reasonably linkable to a particular minor, including without 22 limitation a consumer device identifier that is linked or reasonably linkable 23 to a minor; 24 (15) "Personalized recommendation system" means a fully or 25 partially automated system used to suggest, promote, or rank content, 26 including other users or posts, based on the personal data of a user or 27 users; 28 (16) "Precise geolocation information" means geolocation 29 information that identifies an individual's location within a range of five 30 (5) miles or less; 31 (17) "Verifiable parental consent" means the same as defined in 32 the Children's Online Privacy Protection Act, 15 U.S.C. § 6501 et seq., as it 33 existed on January 1, 2025; and 34 (18) "Video streaming service" means a digital platform that 35 enables users to upload, share, or view user-generated video content in real 36 HB1726 6 03/10/2025 2:40:01 PM LJH197 time. 1 2 4-88-1503. Duty of care — Prevention of harm to minors — Limitations. 3 (a) A covered platform shall take reasonable measures in the design 4 and operation of any product, service, or feature that the covered platform 5 knows is used by minors to avoid any heightened risk of harm to minors caused 6 by such product, service, or feature, including without limitation: 7 (1) The following mental health disorders, consistent with 8 evidence-informed medical information: 9 (A) Anxiety; 10 (B) Depression; 11 (C) Eating disorders; 12 (D) Substance use disorders; and 13 (E) Suicidal behaviors; 14 (2) Patterns of use that indicate or encourage addiction-like 15 behaviors; 16 (3) Physical violence, online bullying, and harassment of the 17 minor; 18 (4) Sexual exploitation and abuse; 19 (5) Promotion and marketing of narcotic drugs, tobacco products, 20 gambling, or alcohol; and 21 (6) Predatory, unfair, or deceptive marketing practices and 22 other financial harms. 23 (b) This section does not require a covered platform to prevent or 24 preclude: 25 (1) A minor from deliberately and independently searching for or 26 specifically requesting content; or 27 (2) The covered platform or individuals on the covered platform 28 from providing resources for the prevention or mitigation of the harms 29 described in subsection (a) of this section. 30 31 4-88-1504. Safeguards for minors — Parental tools — Reporting — 32 Application. 33 (a) A covered platform shall provide an individual that the covered 34 platform knows is a minor with readily accessible and easy-to-use safeguards 35 to: 36 HB1726 7 03/10/2025 2:40:01 PM LJH197 (1) Limit the ability of other individuals to communicate with 1 the minor; 2 (2) Prevent other users, whether registered or not, from viewing 3 the minor's personal data collected by or shared on the covered platform, 4 including without limitation restricting public access to personal data; 5 (3) Limit features that are incorporated for the sole or primary 6 purpose of increasing, sustaining, or extending use of the covered platform 7 by the minor, including without limitation: 8 (A) Automatic playing of media; 9 (B) Rewards for time spent on the covered platform; and 10 (C) Other features that result in compulsive usage of the 11 covered platform by the minor; 12 (4) Control personalized recommendation systems by providing the 13 minor with the ability to: 14 (A) Opt out of personalized recommendation systems while 15 still allowing the display of content based on a chronological format; or 16 (B) Limit access to certain types or categories of 17 recommendations from the personalized recommendation systems; 18 (5) Restrict the sharing of the precise geolocation information 19 of the minor to other users on the covered platform; and 20 (6) Provide notice regarding the tracking of the minor's precise 21 geolocation information. 22 (b) A covered platform shall provide an individual that the covered 23 platform knows is a minor with readily accessible and easy-to-use options to: 24 (1) Delete the minor's account and any personal data collected 25 from or shared by the minor on the covered platform; and 26 (2) Limit the amount of time spent by the minor on the covered 27 platform. 28 (c) In the case of a user that the covered platform knows is a minor, 29 a covered platform shall provide that the default setting for any safeguard 30 described under subsection (a) of this section shall be the option available 31 on the covered platform that provides the most protective level of control 32 that is offered by the covered platform over privacy and safety for that 33 user. 34 (d)(1) A covered platform shall provide readily accessible and easy- 35 to-use settings for a parent to support an individual that the covered 36 HB1726 8 03/10/2025 2:40:01 PM LJH197 platform knows is a minor with respect to the individual's use of the covered 1 platform. 2 (2) The parental settings provided by a covered platform under 3 subdivision (d)(1) of this section shall include: 4 (A) The ability to manage a minor's privacy and account 5 settings, including without limitation the safeguards and options established 6 under subsections (a) and (b) of this section, in a manner that allows a 7 parent to: 8 (i) View the privacy and account settings; and 9 (ii) In the case of a user that the covered platform 10 knows is a child, change and control the privacy and account settings; and 11 (B) The ability to: 12 (i) Restrict purchases and financial transactions by 13 the minor; and 14 (ii) View metrics of total time spent on the covered 15 platform and restrict time spent on the covered platform by the minor. 16 (3) A covered platform shall provide clear and conspicuous 17 notice to an individual that the platform knows is a minor when the settings 18 under subdivisions (1)—(3) of this subsection (d) are in use and what 19 settings or controls have been applied. 20 (4) If a covered platform knows a user is a child, the covered 21 platform shall ensure that the settings described under subdivisions (d)(1) 22 and (d)(2) of this section are enabled by default. 23 (e)(1) A covered platform shall provide: 24 (A) A readily accessible and easy-to-use means to submit 25 reports to the covered platform of harms to a minor; 26 (B) An electronic point of contact specific to matters 27 involving harms to a minor; and 28 (C) Confirmation of the covered platform's receipt of such 29 a report and a means to track a submitted report through the covered 30 platform. 31 (2)(A) A covered platform shall establish an internal process to 32 receive and substantively respond to such reports in a reasonable and timely 33 manner, but in no case later than: 34 (i) Ten (10) days after receipt of a report, if for 35 the most recent calendar year, the covered platform averaged more than ten 36 HB1726 9 03/10/2025 2:40:01 PM LJH197 million (10,000,000) active users on a monthly basis in the United States; or 1 (ii) Twenty-one (21) days after receipt of a report, 2 if for the most recent calendar year, the covered platform averaged ten 3 million (10,000,000) or fewer active users on a monthly basis in the United 4 States. 5 (B) However, if the report under this subsection (e) 6 involves an imminent threat to the safety of a minor, a covered platform 7 shall address as promptly as possible the reported threat to safety. 8 (f) If a covered platform knows an individual is a minor, the covered 9 platform shall not facilitate advertising to the minor of: 10 (1) Narcotic drugs; 11 (2) Tobacco products; 12 (3) Gambling; or 13 (4) Alcohol. 14 (g) A covered platform shall implement the safeguards and parental 15 controls described under subsections (a)—(d) of this section by providing: 16 (1) Information and control options in a clear and conspicuous 17 manner that: 18 (A) Considers the differing ages, capacities, and 19 developmental needs of the minors most likely to access the covered platform; 20 and 21 (B) Does not encourage a minor or a parent of a minor to 22 weaken or disable safeguards or parental controls; 23 (2) Readily accessible and easy-to-use controls to enable or 24 disable safeguards or parental controls; and 25 (3) Information and control options in the same language, form, 26 and manner as the covered platform provides the product or service used by 27 minors and their parents. 28 (h) It is unlawful and a violation of the Deceptive Trade Practices 29 Act, § 4-88-101 et seq., for any covered platform to design, modify, or 30 manipulate a user interface of a covered platform with the purpose or 31 substantial effect of subverting or impairing user autonomy, decision-making, 32 or choice regarding safeguards or parental controls required under this 33 section. 34 (i) This section does not: 35 (1) Prevent a covered platform from taking reasonable measures 36 HB1726 10 03/10/2025 2:40:01 PM LJH197 to: 1 (A) Block, detect, or prevent the distribution of 2 unlawful, obscene, or other harms to minors as described in § 4-88-1503; or 3 (B) Block or filter spam, prevent criminal activity, or 4 protect the security of a covered platform; 5 (2) Require the disclosure of a minor's browsing behavior, 6 search history, messages, contact list, or other content or metadata of his 7 or her communications; 8 (3) Prevent a covered platform from using a personalized 9 recommendation system to display content to a minor if the personalized 10 recommendation system only uses information on: 11 (A) The language spoken by the minor; 12 (B) The city the minor is located in; or 13 (C) The minor's age; 14 (4) Prohibit a covered platform from integrating its products or 15 service with controls from third-party systems, including without limitation 16 operating systems or gaming consoles, to meet the requirements imposed under 17 subsections (a)—(d) of this section regarding safeguards for minors and 18 settings for parents, provided that: 19 (A) The controls meet the requirements under subsections 20 (a)—(d) of this section; and 21 (B) The minor or parent is provided with reasonable notice 22 under the circumstances of the integration and use of the controls; or 23 (5) Require a covered platform to weaken existing privacy and 24 security protections or prevent implementation of new privacy and security 25 protections of a platform or service, including without limitation privacy- 26 enhancing technologies. 27 28 4-88-1505. Disclosure — Notice — Personalized recommendation system — 29 Advertising and marketing information and labels — Resources. 30 (a)(1) Before registration or purchase of a covered platform by an 31 individual that the platform knows is a minor, the covered platform shall 32 provide clear, conspicuous, and easy-to-understand: 33 (A) Notice of the policies and practices of the covered 34 platform regarding personal data and safeguards for minors; and 35 (B) Information about how to access the safeguards and 36 HB1726 11 03/10/2025 2:40:01 PM LJH197 parental tools required under subdivision (a)(2)(A) of this section. 1 (2)(A) In the case of an individual that a covered platform 2 knows is a child, the platform shall provide information about the parental 3 settings and safeguards required under subdivision (a)(2)(A) of this section 4 to a parent of the child and obtain verifiable parental consent from the 5 parent before the initial use of the covered platform by the child. 6 (B) A covered platform is deemed to have satisfied the 7 requirement described in subdivision (a)(2)(A) if the covered platform uses 8 reasonable efforts taking into consideration available technology to provide 9 a parent with the information described in subdivision (a)(2)(A) of this 10 section and to obtain verifiable parental consent under § 4-88-1504. 11 (C) If the covered platform is not required to obtain 12 verifiable parental consent under § 4-88-1504, the covered platform shall 13 provide information about the parental tools and safeguards required under § 14 4-88-1504 to a parent of a user that the platform knows is a child and obtain 15 parental consent from the parent before the initial use of the covered 16 platform by the child. 17 (b) In a clear, conspicuous, and easy-to-understand manner, a covered 18 platform shall set out in its terms and conditions of use: 19 (1) An overview of how the personalized recommendation system is 20 used by the covered platform to provide information to the users of the 21 covered platform who are minors, including without limitation how the 22 personalized recommendation system uses the personal data of minors; and 23 (2) Information about options for a minor or his or her parent 24 to opt out of or control the personalized recommendation system. 25 (c) A covered platform that facilitates advertising aimed at a user 26 that the covered platform knows is a minor shall provide clear, conspicuous, 27 and easy-to-understand information and labels to the minor on advertisements 28 regarding: 29 (1) The name of the product, service, or brand and the subject 30 matter of an advertisement; 31 (2) If the covered platform engages in individual-specific 32 advertising to minors, why a particular advertisement is directed to a 33 specific minor, including without limitation material information about how 34 the minor's personal data is used to direct the advertisement to the minor; 35 and 36 HB1726 12 03/10/2025 2:40:01 PM LJH197 (3) Whether particular media displayed to the minor is an 1 advertisement or marketing material, including without limitation disclosure 2 of endorsements of products, services, or brands made for commercial 3 consideration by other users of the covered platform. 4 (d) A covered platform shall provide to a minor and his or her parent 5 clear, conspicuous, easy-to-understand, and comprehensive information in a 6 prominent location regarding: 7 (1) The covered platform's policies and practices regarding 8 collection and retention of personal data and safeguards in place to protect 9 minors; and 10 (2) How to access the parental settings and tools required under 11 § 4-88-1504. 12 (e) To the extent practicable, a covered platform shall ensure that 13 the disclosures required by this section are made available in the same 14 language, form, and manner as the covered platform provides any product or 15 service used by a minor and his or her parent. 16 17 4-88-1506. Enforcement. 18 (a) In an enforcement action brought under this subchapter, the 19 Attorney General shall allege a violation of a specific provision or specific 20 provisions of this subchapter. 21 (b)(1) A violation of this subchapter is: 22 (A) An unfair and deceptive act or practice under the 23 Deceptive Trade Practices Act, § 4-88-101 et seq.; and 24 (B) Punishable solely by action of the Attorney General. 25 (2) All remedies, penalties, and authority granted to the 26 Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., 27 shall be available to the Attorney General for the enforcement of this 28 subchapter. 29 (3) The remedies and penalties for violations under this 30 subchapter are cumulative and in addition to other procedures or remedies for 31 violations or conduct under other law. 32 (c) Before initiating an enforcement action against a covered platform 33 for an alleged violation of this subchapter, the Attorney General shall first 34 provide written notice to the covered platform that is alleged to have 35 committed or to be committing one (1) or more of the violations of this 36 HB1726 13 03/10/2025 2:40:01 PM LJH197 subchapter. 1 (d) If, to the extent reasonably practicable, the covered platform 2 cures the alleged violation of this subchapter within ninety (90) days of 3 receiving the notice specified in subsection (c) of this section, then the 4 Attorney General shall not pursue further enforcement action for those 5 alleged violations of this subchapter. 6 7 4-88-1507. Kids Online Safety Council — Creation. 8 (a) There is created within the Department of Commerce a council to be 9 known as the "Kids Online Safety Council". 10 (b) The council shall consist of nine (9) members appointed by the 11 Secretary of the Department of Commerce and include diverse participation 12 from: 13 (1) Academic experts, health professionals, and members of civil 14 society with expertise in mental health, substance use disorders, and the 15 prevention of harms to minors; 16 (2) Representatives in academia and civil society with specific 17 expertise in privacy and civil liberties; 18 (3) Parents and youth representation; 19 (4) Representatives of covered platforms; 20 (5) Representatives of the State Securities Department, the 21 Department of Corrections, the Department of Health, and the Department of 22 Human Services; 23 (6) Educators; and 24 (7) Representatives of communities of socially disadvantaged 25 individuals as defined in the Small Business Act, 15 U.S.C. § 631 et seq., as 26 it existed on January 1, 2025. 27 (c) The council shall: 28 (1) Identify emerging or current risks of harms to minors 29 associated with online platforms; 30 (2) Recommend measures and methods for assessing, preventing, 31 and mitigating harms to minors online; 32 (3) Recommend methods and themes for conducting research 33 regarding online harms to minors, including in English and languages other 34 than English; and 35 (4) Recommend best practices and clear, consensus-based 36 HB1726 14 03/10/2025 2:40:01 PM LJH197 technical standards for transparency reports and audits, as required under 1 this subchapter, including methods, criteria, and scope to promote overall 2 accountability. 3 4 4-88-1508. Filter bubble transparency requirements — Definitions. 5 (a) As used in this section: 6 (1) "Algorithmic ranking system” means a computational process, 7 including without limitation a computational process derived from algorithmic 8 decision-making, machine learning, statistical analysis, or other data 9 processing or artificial intelligence techniques, used to determine the 10 selection, order, relative prioritization, or relative prominence of content 11 from a set of information that is provided to a user on a covered platform, 12 including without limitation: 13 (A) The ranking of search results; 14 (B) The provision of content recommendations; 15 (C) The display of social media posts; or 16 (D) Any other method of automated content selection; 17 (2) "Downstream provider” means, with respect to a search 18 syndication contract, the person that receives access to an index of web 19 pages on the internet from an upstream provider under such contract; 20 (3)(A) "Input-transparent algorithm” means an algorithmic 21 ranking system that does not use the user-specific data of a user to 22 determine the selection, order, relative prioritization, or relative 23 prominence of information that is furnished to such user on a covered 24 platform, unless the user-specific data is expressly provided to the covered 25 platform by the user for that purpose. 26 (B) For purposes of subdivision (a)(3)(A) of this section, 27 user-specific data that is provided by a user for the express purpose of 28 determining the selection, order, relative prioritization, or relative 29 prominence of information that is furnished to such user on a covered 30 platform: 31 (i) Shall include user-supplied search terms, 32 filters, speech patterns if provided for the purpose of enabling the covered 33 platform to accept spoken input or select the language in which the user 34 interacts with the covered platform, saved preferences, and the current 35 precise geolocation information that is supplied by the user; 36 HB1726 15 03/10/2025 2:40:01 PM LJH197 (ii) Shall include the user's current approximate 1 geolocation information; 2 (iii) Shall include data affirmatively supplied to 3 the covered platform by the user that expresses the user's desire to receive 4 particular information, such as the social media profiles the user follows, 5 the video channels the user subscribes to, or other content or sources of 6 content on the platform the user selects; 7 (iv) Shall not include the history of the user's 8 connected device, including the user's history of web searches and browsing, 9 previous geographical locations, physical activity, device interaction, and 10 financial transactions; and 11 (v) Shall not include inferences about the user or 12 the user's connected device, without regard to whether such inferences are 13 based on data described in subdivision (a)(3)(B)(i) or subdivision 14 (a)(3)(B)(ii) of this section; 15 (4)(A) "Opaque algorithm” means an algorithmic ranking system 16 that determines the selection, order, relative prioritization, or relative 17 prominence of information that is furnished to the user on a covered platform 18 based, in whole or part, on user-specific data that was not expressly 19 provided by the user to the platform for such purpose. 20 (B) "Opaque algorithm" does not include an algorithmic 21 ranking system used by a covered platform if: 22 (i) The only user-specific data, including without 23 limitation inferences about the user, that algorithmic ranking system uses is 24 information relating to the age of the user; and 25 (ii) The information is only used to restrict a 26 user's access to content on the basis that the individual is a minor; 27 (5) "Search syndication contract” means a contract or 28 subcontract for the sale of, license of, or other right to access an index of 29 web pages or search results on the internet for the purpose of operating an 30 internet search engine; 31 (6) "Upstream provider” means, with respect to a search 32 syndication contract, the person that grants access to an index of web pages 33 or search results on the internet to a downstream provider under the 34 contract; and 35 (7) "User-specific data” means information relating to an 36 HB1726 16 03/10/2025 2:40:01 PM LJH197 individual or a specific connected device that would not necessarily be true 1 of every individual or device. 2 (b)(1) It is unlawful: 3 (A) For any person to operate a covered platform that uses 4 an opaque algorithm unless the person complies with the requirements of 5 subdivision (b)(2) of this section; or 6 (B) For any upstream provider to grant access to an index 7 of web pages on the internet under a search syndication contract that does 8 not comply with the requirements of subdivision (b)(3) of this section. 9 (2)(A) A covered platform operating an opaque algorithm shall: 10 (i) Provide notice to users of the covered platform: 11 (a) That the covered platform uses an opaque 12 algorithm that uses user-specific data to select the content the user sees, 13 with such notice presented in a clear, conspicuous manner on the covered 14 platform whenever the user interacts with an opaque algorithm for the first 15 time that can be dismissed by the user; and 16 (b) In the terms and conditions of the covered 17 platform, in a clear, accessible, and easily comprehensible manner to be 18 updated no less frequently than one (1) time every six (6) months: 19 (1) The most salient features, inputs, 20 and parameters used by the opaque algorithm; 21 (2) How any user-specific data used by 22 the algorithm is collected or inferred about a user of the covered platform, 23 and the categories of such data; 24 (3) Any options that the covered 25 internet platform makes available for a user of the covered platform to opt 26 out or exercise options under subdivision (b)(2)(A)(ii) of this section, 27 modify the profile of the user, or influence the features, inputs, or 28 parameters used by the opaque algorithm; and 29 (4) Any quantities, such as time spent 30 using a product or specific measures of engagement or social interaction, 31 that the opaque algorithm is designed to optimize, as well as a general 32 description of the relative importance of each quantity for such ranking; and 33 (ii) Make available a version of the covered 34 platform that uses an input-transparent algorithm and enables users to easily 35 switch between the version of the platform that uses an opaque algorithm and 36 HB1726 17 03/10/2025 2:40:01 PM LJH197 the version of the covered platform that uses the input-transparent 1 algorithm. 2 (B) Subdivision (b)(2)(A) of this section shall not apply 3 to an internet search engine if: 4 (i) The internet search engine is operated by a 5 downstream provider with fewer than one thousand (1,000) employees; and 6 (ii) The internet search engine uses an index of web 7 pages on the internet to which the downstream provider received access under 8 a search syndication contract. 9 (3) An upstream provider engaged in a search syndication 10 contract shall: 11 (A) Make available to the downstream provider the same 12 input-transparent algorithm used by the upstream provider for purposes of 13 complying with subdivision (b)(2)(A)(ii) of this section; and 14 (B) Not impose any additional costs, degraded quality, 15 reduced speed, or other constraint on the functioning of the input- 16 transparent algorithm when used by the downstream provider to operate an 17 internet search engine relative to the performance of the input-transparent 18 algorithm when used by the upstream provider to operate an internet search 19 engine. 20 (4) A covered platform shall not deny, charge different prices 21 or rates for, or condition the provision of a service or product to an 22 individual based on the individual’s election to use a version of the 23 platform that uses an input-transparent algorithm as provided under 24 subdivision (b)(2)(A)(ii) of this section. 25 (c) This section does not limit or prohibit a covered platform’s 26 ability to, at the direction of an individual user or group of users, 27 restrict another user from searching for, finding, accessing, or interacting 28 with a user’s or group’s account, content, data, or online community. 29 30 4-88-1509. Construction. 31 (a) For purposes of enforcing this subchapter, in making a 32 determination of whether a covered platform has knowledge fairly implied on 33 the basis of objective circumstances that a user is a minor, the Attorney 34 General shall rely on competent and reliable empirical evidence, taking into 35 account the totality of the circumstances, including without limitation 36 HB1726 18 03/10/2025 2:40:01 PM LJH197 consideration of whether the operator, using available technology, exercised 1 reasonable care. 2 (b) This subchapter does not require: 3 (1) The collection of any personal data that a covered platform 4 is not already collecting in the normal course of business; 5 (2) A covered platform to implement an age gating or age 6 verification functionality; 7 (3) The disclosure of information that may impact the privacy of 8 users or the security of a covered platform's service; 9 (4) A covered platform to weaken existing privacy and security 10 protections or prevent implementation of new privacy and security protections 11 of a platform or service, including without limitation privacy-enhancing 12 technologies; or 13 (5) A covered platform to perform an action that is not 14 technically feasible. 15 (c) This subchapter does not restrict a covered platform's ability to: 16 (1) Cooperate with law enforcement agencies regarding activity 17 that the covered platform reasonably and in good faith believes may violate 18 federal law, state law, or local regulations; 19 (2) Comply with a civil, criminal, or regulatory inquiry or any 20 investigation, subpoena, or summons by federal, state, local, or other 21 government authorities; or 22 (3) Investigate, establish, exercise, respond to, or defend 23 against legal claims. 24 (d) A video streaming service is in compliance with this subchapter 25 if: 26 (1) It predominantly consists of news, sports, entertainment, or 27 other video programming content that is preselected by the provider and not 28 user-generated; 29 (2) Any chat, comment, or interactive functionality that the 30 video streaming service provides is incidental to, directly related to, or 31 dependent on provision of that content; and 32 (3) If the video streaming service requires account owner 33 registration and is not predominantly news or sports, the video streaming 34 service includes the capability: 35 (A) To limit a minor’s access to the video streaming 36 HB1726 19 03/10/2025 2:40:01 PM LJH197 service, including without limitation utilizing a system of age-rating; 1 (B) To limit the automatic playing of on-demand content 2 selected by a personalized recommendation system for an individual that the 3 video streaming service knows is a minor; 4 (C) To provide an individual that the video streaming 5 service knows is a minor with readily accessible and easy-to-use options to 6 delete an account held by the minor and delete any personal data collected 7 from the minor on the service, or, in the case of a video streaming service 8 that allows a parent to create a profile for a minor, to allow a parent to 9 delete the minor’s profile, and to delete any personal data collected from 10 the minor on the video streaming service; 11 (D) For a parent to manage a minor’s privacy and account 12 settings, and restrict purchases and financial transactions by a minor; 13 (E) To provide an electronic point of contact specific to 14 matters described in subdivision (d)(3) of this section; 15 (F) To offer a clear, conspicuous, and easy-to-understand 16 notice of the policies and practices with respect to personal data and the 17 capabilities described in this subdivision (d)(3); and 18 (G) When providing on-demand content, to employ measures 19 that safeguard against serving advertising for narcotic drugs, tobacco 20 products, gambling, or alcohol directly to the account or profile of an 21 individual that the video streaming service knows is a minor. 22 23 SECTION 2. DO NOT CODIFY. EFFECTIVE DATE. 24 This act is effective on and after July 1, 2026. 25 26 27 28 29 30 31 32 33 34 35 36