Text of US HB 7757 (2026)
SCREEN Act Shielding Children’s Retinas from Egregious Exposure on the Net Act Safeguarding Adolescents From Exploitative BOTs Act SAFE BOTs Act Kids Online Safety Act Stop Profiling Youth and Kids Act SPY Kids Act Kids Internet Safety Partnership Act Safe Social Media Act No Fentanyl on Social Med…
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As introduced
102,802 characters
I
119TH CONGRESS
2D SESSION
H. R. 7757
To protect children and teens online, empower parents and strengthen
families, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 2026
Mr. GUTHRIE introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To protect children and teens online, empower parents and
strengthen families, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Kids Internet and Digital Safety Act’’ or the ‘‘KIDS
5
Act’’.
6
(b) TABLE OF CONTENTS.—The table of contents for
7
this Act is as follows:
8
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
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TITLE I—SHIELDING MINORS FROM OBSCENITY
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Technology verification measures.
Sec. 104. Consultation requirements.
Sec. 105. GAO report.
Sec. 106. Relationship to State laws.
TITLE II—ADDRESSING HARMS TO MINORS ON ONLINE
PLATFORMS
Sec. 201. Covered platform defined.
Subtitle A—Kids Online Safety
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Addressing harms to minors.
Sec. 214. Safeguards for minors and parental tools.
Sec. 215. Reporting mechanism.
Sec. 216. Disclosure.
Sec. 217. Advertising and marketing information and labels.
Sec. 218. Advertising of illegal products.
Sec. 219. Audit; report.
Sec. 220. Rules of construction.
Sec. 221. Relationship to State laws.
Subtitle B—Safe Messaging for Kids
Sec. 231. Short title.
Sec. 232. Definitions.
Sec. 233. Prohibition on ephemeral messaging features for minors.
Sec. 234. Prohibition on direct messaging features for children.
Sec. 235. Parental controls for direct messaging features for teens.
Sec. 236. Rule of construction on encryption.
Sec. 237. Relationship to State law.
Sec. 238. Effective date.
Subtitle C—Stop Profiling Youth and Kids
Sec. 241. Short title.
Sec. 242. User defined.
Sec. 243. Market research.
Sec. 244. Relationship to State laws.
Sec. 245. Effective date.
TITLE III—SOCIAL GAMING PLATFORMS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Safeguards requirements for online video game providers.
Sec. 304. Relationship to State laws.
TITLE IV—ARTIFICIAL INTELLIGENCE CHATBOTS
Sec. 401. Short title.
Sec. 402. Definitions.
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Sec. 403. Certain statements prohibited.
Sec. 404. Disclosure required.
Sec. 405. Policies required.
Sec. 406. Rule of construction.
Sec. 407. Relationship to State laws.
TITLE V—RESEARCH, EDUCATION, AND BEST PRACTICES FOR
PROTECTING MINORS ONLINE
Subtitle A—Research
Sec. 501. Definitions.
PART 1—SAFE SOCIAL MEDIA ACT
Sec. 511. Short title.
Sec. 512. Report by Commission on social media use by minors.
PART 2—NO FENTANYL ON SOCIAL MEDIA ACT
Sec. 513. Short title.
Sec. 514. Report on the ability of minors to access fentanyl through social
media platforms.
PART 3—ASSESSING SAFETY TOOLS FOR PARENTS AND MINORS ACT
Sec. 515. Short title.
Sec. 516. Industry review and report.
PART 4—STUDY ON CHATBOTS AND MENTAL HEALTH OF MINORS
Sec. 517. Study required.
Sec. 518. Consultation.
Sec. 519. Report.
Subtitle B—Education
PART 1—PROMOTING A SAFE INTERNET FOR MINORS ACT
Sec. 521. Short title.
Sec. 522. Online safety for minors.
PART 2—AI WARNINGS AND RESOURCES FOR EDUCATION (AWARE) ACT
Sec. 523. Short title.
Sec. 524. Chatbots and minors.
Subtitle C—Partnerships and Best Practices
Sec. 525. Short title.
Sec. 526. Kids Internet Safety Partnership.
TITLE VI—GENERAL PROVISIONS
Sec. 601. Enforcement.
Sec. 602. Judicial review.
Sec. 603. Rules of construction.
Sec. 604. Severability.
Sec. 605. Effective date.
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SEC. 2. DEFINITIONS.
1
In this Act:
2
(1) AGENCY.—The term ‘‘agency’’ has the
3
meaning given that term in section 551 of title 5,
4
United States Code.
5
(2) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar-
6
tificial intelligence’’ has the meaning given that term
7
in section 5002 of the National Artificial Intelligence
8
Initiative Act of 2020 (15 U.S.C. 9401).
9
(3) CHATBOT.—The term ‘‘chatbot’’ means an
10
artificial intelligence system, marketed to and avail-
11
able for use by consumers, that engages in inter-
12
active, natural-language communication with a user
13
and generates or selects content in response to user
14
inputs (including text, voice, or other inputs) using
15
a conversational context.
16
(4) COMMISSION.—The term ‘‘Commission’’
17
means the Federal Trade Commission.
18
(5) DESIGN FEATURE.—The term ‘‘design fea-
19
ture’’—
20
(A) means any feature or component of a
21
covered platform that encourages an increase in
22
or increases the frequency of use or time spent
23
by a user who is a minor with respect to such
24
covered platform; and
25
(B) includes—
26
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(i) infinite scrolling or auto play;
1
(ii) rewards or incentives based on
2
frequency of use or time spent;
3
(iii) notifications and push alerts;
4
(iv) badges or other visual award sym-
5
bols based on frequency of use or time
6
spent;
7
(v) appearance altering filters; and
8
(vi) personalized recommendation sys-
9
tems.
10
(6) FULLY
AUTOMATED
SYSTEM.—The term
11
‘‘fully automated system’’ means an operation or set
12
of operations performed on data with minimal or no
13
direction, instruction, prompting, oversight, involve-
14
ment, or intervention by an individual.
15
(7) KNOW; KNOWS.—The term ‘‘know’’ or
16
‘‘knows’’ means to have actual knowledge or to have
17
acted in willful disregard.
18
(8) MINOR.—The term ‘‘minor’’ means an indi-
19
vidual under the age of 17 years.
20
(9) NARCOTIC
DRUG.—The term ‘‘narcotic
21
drug’’ has the meaning given that term in section
22
102 of the Controlled Substances Act (21 U.S.C.
23
802).
24
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(10) PARENT.—The term ‘‘parent’’, with re-
1
spect to a minor, means an adult with the legal right
2
to make decisions on behalf of the minor, includ-
3
ing—
4
(A) a natural parent;
5
(B) an adoptive parent;
6
(C) a legal guardian; and
7
(D) an individual with legal custody over
8
the minor.
9
(11)
PERSONAL
INFORMATION.—The
term
10
‘‘personal information’’ has the meaning given that
11
term in section 1302 of the Children’s Online Pri-
12
vacy Protection Act of 1998 (15 U.S.C. 6501).
13
(12) PERSONALIZED
RECOMMENDATION
SYS-
14
TEM.—The term ‘‘personalized recommendation sys-
15
tem’’—
16
(A) means a fully automated system used
17
to suggest, promote, or rank content, including
18
other users, hashtags, and posts, based on the
19
personal information of a user; and
20
(B) does not include a fully automated sys-
21
tem that suggests, promotes, or ranks content
22
based solely on the language, city or town, or
23
age of a user.
24
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(13) SEXUAL
MATERIAL
HARMFUL
TO
MI-
1
NORS.—The term ‘‘sexual material harmful to mi-
2
nors’’ means a picture, image, graphic image file,
3
film, videotape, or other visual depiction that—
4
(A)(i) taken as a whole and with respect to
5
minors, appeals to the prurient interest in nu-
6
dity, sex, or excretion;
7
(ii) depicts, describes, or represents,
8
in a patently offensive way with respect to
9
what is suitable for minors, an actual or
10
simulated sexual act or sexual contact, ac-
11
tual or simulated normal or perverted sex-
12
ual acts, or lewd exhibition of the genitals;
13
and
14
(iii) taken as a whole, lacks serious
15
literary, artistic, political, or scientific
16
value as to minors; or
17
(B) is child pornography.
18
(14) STATE.—The term ‘‘State’’ means each
19
State of the United States, the District of Columbia,
20
each commonwealth, territory, or possession of the
21
United States, and each federally recognized Indian
22
Tribe.
23
(15) VERIFIABLE
PARENTAL
CONSENT.—The
24
term ‘‘verifiable parental consent’’ has the meaning
25
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given that term in section 1302 of the Children’s
1
Online Privacy Protection Act of 1998 (15 U.S.C.
2
6501).
3
TITLE I—SHIELDING MINORS
4
FROM OBSCENITY
5
SEC. 101. SHORT TITLE.
6
This title may be cited as the ‘‘Shielding Children’s
7
Retinas from Egregious Exposure on the Net Act’’ or the
8
‘‘SCREEN Act’’.
9
SEC. 102. DEFINITIONS.
10
In this title:
11
(1) CHILD PORNOGRAPHY; MINOR.—The terms
12
‘‘child pornography’’ and ‘‘minor’’ have the mean-
13
ings given those terms in section 2256 of title 18,
14
United States Code.
15
(2) COVERED PLATFORM.—The term ‘‘covered
16
platform’’ means a website or other online plat-
17
form—
18
(A) that is accessible by the public;
19
(B) with respect to which more than one-
20
third of the material made available thereon is
21
sexual material harmful to minors; and
22
(C) with respect to which the provider of
23
such platform knowingly makes available the
24
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sexual material harmful to minors described in
1
subparagraph (B).
2
(3) SEXUAL
ACT;
SEXUAL
CONTACT.—The
3
terms ‘‘sexual act’’ and ‘‘sexual contact’’ have the
4
meanings given those terms in section 2246 of title
5
18, United States Code.
6
(4) TECHNOLOGY
VERIFICATION
MEASURE.—
7
The term ‘‘technology verification measure’’ means
8
technology that employs a system or process to de-
9
termine whether it is more likely than not that a
10
user of a covered platform is a minor.
11
(5)
TECHNOLOGY
VERIFICATION
MEASURE
12
DATA.—The term ‘‘technology verification measure
13
data’’ means data that—
14
(A) is collected or processed for the pur-
15
pose of fulfilling a request by an individual to
16
access a covered platform or material on a cov-
17
ered platform; and
18
(B) is collected or processed for the pur-
19
pose of utilizing or providing a technology
20
verification measure pursuant to this title.
21
SEC. 103. TECHNOLOGY VERIFICATION MEASURES.
22
(a) COVERED PLATFORM REQUIREMENTS.—Begin-
23
ning on the date that is 1 year after the date of the enact-
24
ment of this Act, a provider of a covered platform shall—
25
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(1) adopt and utilize commercially available
1
technology verification measures, reasonably de-
2
signed to ensure accuracy, with respect to the cov-
3
ered platform of such provider to identify minors;
4
and
5
(2) prevent minors from accessing any sexual
6
material harmful to minors on the covered platform.
7
(b) ADDITIONAL
REQUIREMENTS
FOR
COMPLI-
8
ANCE.—In order to comply with subsection (a), a provider
9
of a covered platform (or a third party contracted by a
10
provider of a covered platform with respect to such covered
11
platform) shall, with respect to a covered platform of the
12
provider, carry out the following:
13
(1) Use a technology verification measure in
14
order to verify the age of a user.
15
(2) Provide that a user confirming that the user
16
is not a minor is not sufficient to verify age.
17
(3) Provide clear and conspicuous notice con-
18
taining information on the technology verification
19
measures and other policies and procedures related
20
to the technology verification measure data used to
21
comply with this title.
22
(4) Take reasonable measures to address cir-
23
cumvention of technology verification measures.
24
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(5) Not transfer, disclose, or retain any tech-
1
nology verification measure data beyond what is
2
strictly necessary to use a technology verification
3
measure pursuant to this title.
4
(c) USE OF THIRD PARTIES.—
5
(1) IN GENERAL.—A provider of a covered plat-
6
form may contract with a third party to use tech-
7
nology verification measures for purposes of com-
8
plying with subsection (a).
9
(2) OBLIGATIONS; LIABILITY.—A provider of a
10
covered platform who contracts with a third party as
11
described in paragraph (1) is not relieved from any
12
obligation or liability under this title.
13
(d) TECHNOLOGY VERIFICATION MEASURE DATA
14
SECURITY.—A provider of a covered platform (or a third
15
party contracted by a provider of a covered platform with
16
respect to such covered platform) shall establish, imple-
17
ment, and maintain reasonable administrative, technical,
18
and physical data security practices to protect the con-
19
fidentiality, integrity, and availability of technology
20
verification measure data collected with respect to the cov-
21
ered platform of such provider (including by a third party
22
contracted by such covered provider with respect to such
23
covered platform).
24
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(e) RULE OF CONSTRUCTION.—Nothing in this sec-
1
tion may be construed to require the submission of govern-
2
ment-issued identification of any individual to a covered
3
platform or a third party contracted by a provider of a
4
covered platform to use a technology verification measure.
5
SEC. 104. CONSULTATION REQUIREMENTS.
6
In carrying out this title, the Commission shall con-
7
sult with the following individuals, including with respect
8
to the applicable standards and metrics for making a de-
9
termination on whether a user of a covered platform is
10
or is not a minor:
11
(1) Individuals with experience in computer
12
science and software engineering.
13
(2) Individuals with experience in—
14
(A) advocating for online child safety; or
15
(B) providing services to minors who have
16
been victimized by online child exploitation.
17
(3) Individuals with experience in consumer
18
protection and online privacy.
19
(4)
Individuals
who
supply
technology
20
verification measure products or have expertise in
21
technology verification measures.
22
(5) Individuals with experience in data security
23
and cryptography.
24
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SEC. 105. GAO REPORT.
1
Not later than 3 years after the date of the enact-
2
ment of this Act, the Comptroller General of the United
3
States shall submit to Congress a report that includes the
4
following:
5
(1) An analysis of the effectiveness of the tech-
6
nology verification measures required under section
7
103.
8
(2) An analysis of the rate of compliance with
9
such section by providers of covered platforms and
10
third parties contracted by such providers with re-
11
spect to such covered platforms.
12
(3) An analysis of the data privacy and security
13
measures used by covered platforms with respect to
14
age verification processes.
15
(4) An analysis of the expression, speech, be-
16
havioral, economic, psychological, and societal effects
17
of requiring technology verification measures under
18
section 103.
19
(5) Recommendations, if any, to the Commis-
20
sion on improving the enforcement of this title.
21
SEC. 106. RELATIONSHIP TO STATE LAWS.
22
(a) IN GENERAL.—No State, or political subdivision
23
of a State, may prescribe, maintain, enforce, or continue
24
in effect any law, rule, regulation, requirement, standard,
25
or other provision having the force and effect of law to
26
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•HR 7757 IH
the extent that such law, rule, regulation, requirement,
1
standard, or other provision requires a provider of a cov-
2
ered platform to use technology verification measures to
3
prevent minors from accessing any sexual material harm-
4
ful to minors on a covered platform of such provider.
5
(b) RULE
OF CONSTRUCTION.—Nothing in sub-
6
section (a) may be construed to preempt the applicability
7
of any of the following:
8
(1) Any law of a State with respect to trespass,
9
contract, tort, or product liability.
10
(2) Any statutory law that creates a remedy or
11
penalty for criminal conduct.
12
(3) Any law of general applicability of a State
13
with respect to consumer protection.
14
TITLE II—ADDRESSING HARMS
15
TO MINORS ON ONLINE PLAT-
16
FORMS
17
SEC. 201. COVERED PLATFORM DEFINED.
18
In this title, the term ‘‘covered platform’’ means a
19
platform that is a website, software, application, or elec-
20
tronic service connected to the internet that meets the fol-
21
lowing requirements:
22
(1) Is publicly available for use by consumers.
23
(2) Enables the creation of a username or user
24
identifier—
25
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(A) that is searchable on the platform by
1
other users through a function made available
2
by the platform; and
3
(B) that can be followed by or is similarly
4
accessible to other users of the platform.
5
(3) As the primary purpose of the platform, fa-
6
cilitates the sharing and access to user-generated
7
content through text, images, video, audio, or any
8
other interactive medium.
9
(4) Uses a design feature to promote user en-
10
gagement on the platform.
11
(5) Uses the personal information of the user to
12
advertise, market, or make content recommenda-
13
tions.
14
Subtitle A—Kids Online Safety
15
SEC. 211. SHORT TITLE.
16
This subtitle may be cited as the ‘‘Kids Online Safety
17
Act’’.
18
SEC. 212. DEFINITIONS.
19
In this subtitle:
20
(1) CHILD.—The term ‘‘child’’ means an indi-
21
vidual who is under the age of 13.
22
(2) COMPULSIVE USAGE.—The term ‘‘compul-
23
sive usage’’ means a persistent and repetitive use of
24
a covered platform that substantially limits one or
25
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•HR 7757 IH
more major life activities of an individual (as de-
1
scribed in section 3 of the Americans with Disabil-
2
ities Act of 1990 (42 U.S.C. 12102)).
3
(3) GEOLOCATION
INFORMATION.—The term
4
‘‘geolocation information’’ means information suffi-
5
cient to identify a street name and name of a city
6
or town.
7
(4) PROCESSOR.—The term ‘‘processor’’ means
8
a person who—
9
(A) processes personal information on be-
10
half of a covered platform; and
11
(B) does not determine the purpose and
12
means of processing such personal information
13
(5) SEXUAL EXPLOITATION AND ABUSE.—The
14
term ‘‘sexual exploitation and abuse’’ means any of
15
the following:
16
(A) Any offense, including coercion and en-
17
ticement, described in section 2422 of title 18,
18
United States Code.
19
(B) Child pornography (as defined in sec-
20
tion 2256 of title 18, United States Code).
21
(C) Trafficking for the production of im-
22
ages (as described in section 2251 of title 18,
23
United States Code).
24
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•HR 7757 IH
(D) Any offense described in section 1591
1
of title 18, United States Code.
2
(6) USER.—The term ‘‘user’’, with respect to a
3
covered platform, means an individual who registers
4
an account or creates a profile on the covered plat-
5
form.
6
SEC. 213. ADDRESSING HARMS TO MINORS.
7
(a) IN GENERAL.—A provider of a covered platform
8
shall establish, implement, maintain, and enforce reason-
9
able policies, practices, and procedures that address the
10
following harms to minors:
11
(1) Threats of physical violence so severe, per-
12
vasive, or objectively offensive that such threats im-
13
pact a major life activity of a minor.
14
(2) Sexual exploitation and abuse.
15
(3) Distribution, sale, or use of narcotic drugs,
16
tobacco products, cannabis products, gambling, or
17
alcohol.
18
(4) Any financial harm caused by deceptive
19
practices.
20
(b) CONSIDERATIONS.—The policies, practices, and
21
procedures required by subsection (a) shall be appropriate
22
to each of the following:
23
(1) The size and complexity of the covered plat-
24
form.
25
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(2) The technical feasibility of addressing the
1
harms described in subsection (a).
2
(c) RULES
OF CONSTRUCTION.—Nothing in sub-
3
section (a) may be construed to—
4
(1) require a provider of a covered platform to
5
prevent or preclude any minor from—
6
(A) deliberately and independently search-
7
ing for, or specifically requesting, content; or
8
(B) accessing resources and information
9
regarding the prevention or mitigation of the
10
harms described in subsection (a); or
11
(2) impose a duty of care on a provider of a
12
covered platform.
13
SEC. 214. SAFEGUARDS FOR MINORS AND PARENTAL
14
TOOLS.
15
(a) SAFEGUARDS FOR MINORS.—
16
(1) SAFEGUARDS.—A provider of a covered
17
platform shall provide a user of or visitor to the cov-
18
ered platform who the provider knows is a minor
19
with readily accessible and easy-to-use safeguards to
20
do each of the following, as applicable:
21
(A) Limit the ability of other users or visi-
22
tors to communicate with such user or visitor.
23
(B) Prevent the profile or personal infor-
24
mation of such user or visitor from being rec-
25
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•HR 7757 IH
ommended or suggested to another user or vis-
1
itor who is not a minor.
2
(C) Limit design features that result in
3
compulsive usage of the covered platform by
4
such user or visitor.
5
(D) Restrict the sharing of geolocation in-
6
formation of such user or visitor to a third
7
party that is not a processor and provide notice
8
to such user or visitor and the parent of such
9
user or visitor that geolocation information is
10
collected.
11
(E) Control any personalized recommenda-
12
tion system on such covered platform, including
13
with respect to the ability for such user or vis-
14
itor to have—
15
(i) a prominently displayed option to
16
opt out of any such personalized rec-
17
ommendation system, and
18
(ii) a prominently displayed option to
19
limit types or categories of recommenda-
20
tions from any such personalized rec-
21
ommendation system.
22
(2) DEFAULT SAFEGUARD SETTINGS FOR MI-
23
NORS.—A provider of a covered platform shall en-
24
sure that, in the case of a user of or visitor to the
25
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covered platform who the provider knows is a minor,
1
the default setting of any safeguard described in
2
paragraph (1) is the option available on the covered
3
platform that provides the most protective level of
4
control with respect to privacy and safety for such
5
user or visitor.
6
(b) PARENTAL TOOLS.—
7
(1) TOOLS.—A provider of a covered platform
8
shall provide readily accessible and easy-to-use pa-
9
rental tools that meet the requirements described in
10
paragraph (2) for a parent of a user of the covered
11
platform who the provider knows is a minor.
12
(2) REQUIREMENTS.—The parental tools de-
13
scribed in paragraph (1) shall allow a parent of a
14
user of the covered platform who the provider knows
15
is a minor to do any of the following:
16
(A) Manage the privacy and account set-
17
tings of such user, including by using any safe-
18
guard established under subsection (a)(1), in a
19
manner that allows the parent to—
20
(i) view the privacy and account set-
21
tings; and
22
(ii) change and control the privacy
23
and account settings.
24
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(B) The ability to restrict purchases and
1
financial transactions by such user, if applica-
2
ble.
3
(C) The ability to view metrics of total
4
time spent on the covered platform and restrict
5
time spent on the covered platform by such
6
user.
7
(3) NOTICE TO MINORS.—A provider of a cov-
8
ered platform shall provide clear and conspicuous
9
notice to a user of the covered platform who the pro-
10
vider knows is a minor when any parental tool de-
11
scribed in paragraph (1) is in effect and any setting
12
or control that has been applied.
13
(4) DEFAULT TOOLS FOR CHILDREN.—A pro-
14
vider of a covered platform shall ensure that, in the
15
case of a user of or visitor to the covered platform
16
who the provider knows is a child, the default set-
17
ting for any parental tool described in paragraph (1)
18
is the option available on the covered platform that
19
provides the most protective level of control with re-
20
spect to privacy and safety for such user or visitor.
21
(5) APPLICATION TO EXISTING ACCOUNTS.—If,
22
before the effective date of this subtitle, a provider
23
of a covered platform provides a parent of a user of
24
the covered platform who the provider knows is a
25
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child with notice and the ability to enable a parental
1
tool described in paragraph (1) in a manner that
2
would otherwise comply with this subsection and the
3
parent opts out of enabling any such parental tool,
4
the covered platform is not required to enable any
5
such tool with respect to such user by default on or
6
after such effective date.
7
(c) RULES OF APPLICATION.—
8
(1) ACCESSIBILITY.—With respect to any safe-
9
guard described in subsection (a)(1) and any paren-
10
tal tool described in subsection (b)(1), a provider of
11
a covered platform shall provide each of the fol-
12
lowing:
13
(A) Information and control options in a
14
clear and conspicuous manner that takes into
15
consideration the differing ages, capacities, and
16
developmental needs of a user of the covered
17
platform who the provider knows is a minor
18
most likely to access the covered platform and
19
does not encourage such a user or a parent of
20
such a user to weaken or disable any such safe-
21
guard, option, or parental tool.
22
(B) Readily accessible and easy-to-use con-
23
trols to enable or disable any such safeguard or
24
parental tool, as appropriate.
25
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•HR 7757 IH
(C) Information and control options in the
1
same language, form, and manner as the pro-
2
vider provides the product or service used by
3
such a user or a parent of such a user.
4
(2) TIMING CONSIDERATIONS; APPLICATION OF
5
CHANGES TO OFFLINE DEVICES OR ACCOUNTS.—If
6
the device of a user or user account does not have
7
access to the internet at the time of a change to a
8
parental tool described in subsection (b)(1), the pro-
9
vider of the relevant covered platform shall apply
10
changes the next time the device or user is con-
11
nected to the internet.
12
(3) PROHIBITION.—A provider of a covered
13
platform may not knowingly use a user interface
14
with the purpose or substantial effect of impairing
15
the use by a user of the covered platform who the
16
provider knows is a minor or a parent of such a user
17
of any safeguard described in subsection (a)(1) or
18
any parental tool described in subsection (b)(1).
19
(d) RULES OF CONSTRUCTION.—Nothing in this sec-
20
tion may be construed to do any of the following:
21
(1) Prevent a provider of a covered platform
22
from taking reasonable measures to block, detect, or
23
prevent the distribution of unlawful, obscene, or
24
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other harmful material to minors or any other
1
harms to minors described in section 213(a).
2
(2) Prevent a provider of a covered platform
3
from entering into an agreement with a third party
4
with a primary or exclusive function of providing
5
any safeguard described in subsection (a)(1) or any
6
parental tool described in subsection (b)(1) or other-
7
wise assisting with meeting the requirements de-
8
scribed in subsections (a) and (b).
9
(3) Prevent a parent or user from authorizing
10
a third party described in paragraph (2) to imple-
11
ment any safeguard described in subsection (a)(1) or
12
any parental tool described in subsection (b)(1) .
13
SEC. 215. REPORTING MECHANISM.
14
(a) REPORTING TOOLS.—A provider of a covered
15
platform shall provide each of the following:
16
(1) A readily accessible and easy-to-use means
17
for a user of or visitor to the covered platform to
18
submit a report to the covered platform of any harm
19
to a minor related to the use of the covered plat-
20
form.
21
(2) An electronic point of contact specific to
22
matters involving harms to a minor.
23
(3) Confirmation of the receipt of any such re-
24
port and, within the applicable time period described
25
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•HR 7757 IH
in subsection (b), a substantive response to the user
1
or visitor who submitted the report.
2
(b) TIMING.—A covered platform shall establish an
3
internal process to receive and substantively respond to
4
a report submitted subsection (a)(1) in a reasonable and
5
timely manner, but in no case later than—
6
(1) 10 days after the date on which the report
7
is received; or
8
(2) if the report involves an imminent threat to
9
the safety of a minor, the date that is as prompt as
10
needed to address the reported threat to safety.
11
SEC. 216. DISCLOSURE.
12
(a) NOTICE.—
13
(1) REGISTRATION OR PURCHASE.—Before any
14
registration or purchase on a covered platform by a
15
user of or visitor to the covered platform who the
16
provider knows is a minor, the provider shall provide
17
clear, conspicuous, and easy-to-understand notice
18
with respect to each of the following:
19
(A) The policies and practices of the cov-
20
ered platform with respect to safeguards for mi-
21
nors.
22
(B) Information about how to access any
23
safeguard described in section 214(a)(1) or any
24
parental tool described in section 214(b)(1).
25
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(2) NOTIFICATION.—
1
(A) NOTICE AND ACKNOWLEDGMENT.—In
2
the case of a user of or visitor to a covered plat-
3
form who the provider of the covered platform
4
knows is a minor, the provider shall provide in-
5
formation about any safeguard described in sec-
6
tion 214(a)(1) or any parental tool described in
7
section 214(b)(1) to a parent of such user or
8
visitor and obtain verifiable parental consent
9
with respect to any such safeguard or parental
10
tool.
11
(B) REASONABLE
EFFORT.—A covered
12
platform shall be deemed to have satisfied the
13
requirement described in subparagraph (A) if
14
the provider of the covered platform is in com-
15
pliance with the requirements of the Children’s
16
Online Privacy Protection Act of 1998 (15
17
U.S.C. 6501 et seq.) to use reasonable efforts
18
(taking into consideration commercially avail-
19
able technology) to provide a parent with the
20
information required by paragraph (1)(B) and
21
to obtain the verifiable parental consent de-
22
scribed in subparagraph (A) of this paragraph.
23
(b) CONSOLIDATED NOTICES.—For purposes of this
24
section, a provider of a covered platform may consolidate
25
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the process for providing information and obtaining
1
verifiable parental consent required by this section with
2
the obligations of the provider to provide relevant notice
3
and obtain verifiable parental consent under the Chil-
4
dren’s Online Privacy Protection Act of 1998.
5
SEC. 217. ADVERTISING AND MARKETING INFORMATION
6
AND LABELS.
7
A provider of a covered platform shall provide clear,
8
conspicuous, and easy-to-understand labels and informa-
9
tion, which may be provided through a link to another web
10
page or disclosure, to a user of or visitor to the covered
11
platform who the provider knows is a minor on advertise-
12
ments regarding the disclosure of endorsements of prod-
13
ucts, services, or brands made for commercial consider-
14
ation by other users of the covered platform.
15
SEC. 218. ADVERTISING OF ILLEGAL PRODUCTS.
16
A provider of a covered platform may not facilitate
17
the advertising of narcotic drugs, cannabis products, to-
18
bacco products, gambling, or alcohol to a user of or visitor
19
to the covered platform who the provider knows is a minor.
20
SEC. 219. AUDIT; REPORT.
21
(a) AUDIT REQUIRED.—Not later than 18 months
22
after the date of the enactment of this subtitle, and annu-
23
ally thereafter, a provider of a covered platform shall en-
24
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sure that an independent, third-party auditor conducts an
1
independent, third-party audit of the covered platform.
2
(b) AUDIT SPECIFICATIONS.—
3
(1) CRITERIA.—In conducting an audit required
4
by subsection (a), an independent, third-party audi-
5
tor shall do the following:
6
(A) Consider widely accepted or evidence-
7
based approaches, best practices, frameworks,
8
and methods related to any safeguard described
9
in section 214(a)(1) or any parental tool de-
10
scribed in section 214(b)(1).
11
(B) Consider widely accepted or evidence-
12
based approaches, best practices, frameworks,
13
and methods related to identifying, preventing,
14
and mitigating the harms to minors described
15
in section 213(a).
16
(C) Consult with parents (including par-
17
ents with relevant experience), public health
18
and mental health nonprofit organizations,
19
health and development organizations, and ex-
20
perts in freedom of expression about methods to
21
identify, prevent, and mitigate such harms.
22
(2) CONTENTS.—An audit required by sub-
23
section (a) shall include the following:
24
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(A) An assessment of the extent to which
1
the relevant covered platform is likely to be
2
accessed by minors, including with respect to
3
any difference between children and teens.
4
(B) An accounting of the following:
5
(i) The number of users using such
6
covered platform who the provider of such
7
covered platform knows to be minors lo-
8
cated in the United States.
9
(ii) The median and mean amounts of
10
time spent on such covered platform by
11
such users during the year in which such
12
audit is conducted.
13
(iii) A description of the policies,
14
practices, and procedures implemented to
15
address the harms to minors described in
16
section 213(a).
17
(iv) The number of times that any
18
safeguard described in section 214(a)(1)
19
has been exercised during the year in
20
which such audit is conducted.
21
(v) The number of times that any pa-
22
rental tool described in section 214(b)(1)
23
has been exercised during the year in
24
which such audit is conducted.
25
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(vi) The number of reports, cat-
1
egorized by types of harms to a minor, re-
2
ceived by such covered platform through
3
the reporting mechanism described in sec-
4
tion 215(a)(1) during the year in which
5
such audit is conducted.
6
(C) A description of such safeguards for
7
minors and parental tools that are available to
8
minors and parents on such covered platform.
9
(D) A description of how such covered
10
platform handles reports received through such
11
reporting mechanism, including the rate of re-
12
sponse to such a report and the timeliness and
13
substantiveness of any such response.
14
(E) A description of whether, how, and for
15
what purpose such covered platform collects or
16
processes categories of personal information of
17
minors.
18
(F) If the covered platform has a process
19
used to create, implement, or evaluate the im-
20
pact of a design feature of the covered platform
21
used by minors, a description of such process.
22
(3) COOPERATION BY COVERED PLATFORM.—A
23
provider of a covered platform shall facilitate an
24
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•HR 7757 IH
audit of the covered platform required by subsection
1
(a) by doing the following:
2
(A) Providing or otherwise making avail-
3
able to the independent, third-party auditor
4
that conducts such audit any information or
5
material in the possession, custody, or control
6
of such covered platform relevant to such audit.
7
(B) Providing or otherwise making avail-
8
able to such auditor access to any network, sys-
9
tem, or asset relevant to such audit.
10
(C) Disclosing any material fact to such
11
auditor and not misrepresenting any material
12
fact.
13
(c) REPORT TO COMMISSION.—Not later than 30
14
days after the date on which an audit required by sub-
15
section (a) is completed, the provider of the relevant cov-
16
ered platform shall submit to the Commission the results
17
of the audit.
18
(d) PUBLIC REPORT.—Not later than 45 days after
19
the date on which an audit required by subsection (a) is
20
completed, the provider of the relevant covered platform
21
shall issue a public report that—
22
(1) includes the information in clauses (i), (ii),
23
(iv), (v), and (vi) of subsection (b)(2)(B); and
24
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•HR 7757 IH
(2) notwithstanding paragraph (1), may include
1
any other information required by this section.
2
SEC. 220. RULES OF CONSTRUCTION.
3
Nothing in this subtitle may be construed to require
4
the provider of a covered platform to implement an age
5
gating or age verification functionality on the covered plat-
6
form.
7
SEC. 221. RELATIONSHIP TO STATE LAWS.
8
No State, or political subdivision of a State, may pre-
9
scribe, maintain, enforce, or continue in effect any law,
10
rule, regulation, requirement, standard, or other provision
11
having the force and effect of law if such law, rule, regula-
12
tion, requirement, standard, or other provision conflicts
13
with the provisions of this subtitle.
14
Subtitle B—Safe Messaging for
15
Kids
16
SEC. 231. SHORT TITLE.
17
This subtitle may be cited as the ‘‘Safe Messaging
18
for Kids Act’’ or the ‘‘SMK Act’’.
19
SEC. 232. DEFINITIONS.
20
In this subtitle:
21
(1) APP.—The term ‘‘app’’ means a software
22
application that may be run or directed by a user on
23
a computer, mobile device, or any other general pur-
24
pose computing device.
25
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(2) APP STORE.—The term ‘‘app store’’ means
1
a publicly available software application that distrib-
2
utes and facilitates the download onto a mobile de-
3
vice of an app from a third-party developer by a user
4
of a computer, mobile device, or any other general
5
purpose computing device.
6
(3) COVERED USER.—The term ‘‘covered user’’
7
means a user of a covered platform if the provider
8
of such covered platform knows that such user is a
9
minor.
10
(4) DIRECT MESSAGING FEATURE.—
11
(A) IN GENERAL.—The term ‘‘direct mes-
12
saging feature’’ means a function of a covered
13
platform that enables a user to send a message,
14
image, video, audio, or other communication di-
15
rectly to another user or a specific group of
16
users of the covered platform.
17
(B) EXCLUSION.—The term ‘‘direct mes-
18
saging feature’’ does not include a function of
19
a covered platform that enables a user to post
20
content on the covered platform to—
21
(i) a public or semi-public profile; or
22
(ii) a feed accessible to a broader
23
group of users.
24
(5) EPHEMERAL MESSAGING FEATURE.—
25
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(A) IN GENERAL.—The term ‘‘ephemeral
1
messaging feature’’ means a function of a cov-
2
ered platform that permanently deletes or ren-
3
ders inaccessible a message, image, video,
4
audio, or other communication sent between
5
users of the covered platform (such that neither
6
the sender nor any recipient of such commu-
7
nication may readily retrieve or review the com-
8
munication in the original form through the
9
covered platform)—
10
(i) after a predetermined period;
11
(ii) once viewed by such a recipient; or
12
(iii) upon exiting the specific chat or
13
messaging interface.
14
(B) EXCEPTIONS.—The term ‘‘ephemeral
15
messaging feature’’ does not include—
16
(i) a function of a covered platform
17
that allows a user of the covered platform
18
to manually delete a message, image,
19
video, audio, or other communication sent
20
by such user after the transmission of the
21
communication (if such deletion does not
22
automatically occur for each recipient of
23
the communication or by the default design
24
of such function); or
25
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•HR 7757 IH
(ii) standard data volatility in transit
1
or temporary caching not designed to make
2
such a communication permanently inac-
3
cessible after viewing or a short, predeter-
4
mined time.
5
(6) MOBILE
DEVICE.—The term ‘‘mobile de-
6
vice’’ means a phone or general-purpose tablet that
7
provides cellular or wireless connectivity, is capable
8
of connecting to the internet, and is capable of run-
9
ning an app.
10
(7)
PARENTAL
DIRECT
MESSAGING
CON-
11
TROLS.—The term ‘‘parental direct messaging con-
12
trols’’ means a set of tools or settings that a pro-
13
vider of a covered platform provides to a parent of
14
a covered user of the covered platform that allows
15
the parent to manage the use of a direct messaging
16
feature by such covered user.
17
(8) TEEN
COVERED
USER.—The term ‘‘teen
18
covered user’’ means a covered user who has at-
19
tained the age of 13.
20
(9) UNAPPROVED CONTACT.—The term ‘‘unap-
21
proved contact’’, with respect to a covered user for
22
whom parental direct messaging controls have been
23
activated, means a user of a covered platform with
24
respect to whom the teen covered user may not use
25
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a direct messaging feature unless a parent of such
1
teen covered user has provided verifiable parental
2
consent under this subtitle.
3
(10) VERIFIABLE
PARENTAL
CONSENT.—The
4
term ‘‘verifiable parental consent’’—
5
(A) has the meaning given that term in
6
section 2 of this Act; and
7
(B) includes ongoing mechanisms for par-
8
ents to activate and manage parental direct
9
messaging controls provided under this subtitle.
10
SEC. 233. PROHIBITION ON EPHEMERAL MESSAGING FEA-
11
TURES FOR MINORS.
12
A provider of a covered platform may not offer, pro-
13
vide, or enable any ephemeral messaging feature of such
14
covered platform to any covered user of the covered plat-
15
form.
16
SEC. 234. PROHIBITION ON DIRECT MESSAGING FEATURES
17
FOR CHILDREN.
18
A provider of a covered platform may not offer, pro-
19
vide, or enable any direct messaging feature of such cov-
20
ered platform to any covered user of the covered platform
21
under the age of 13 years.
22
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SEC. 235. PARENTAL CONTROLS FOR DIRECT MESSAGING
1
FEATURES FOR TEENS.
2
(a) REQUIREMENT.—A provider of a covered plat-
3
form that offers, provides, or enables any direct messaging
4
feature of such covered platform to any teen covered user
5
of the covered platform shall provide easily accessible and
6
usable parental direct messaging controls to a parent of
7
such teen covered user that the parent may activate and
8
manage by providing verifiable parental consent.
9
(b) ACCESSIBILITY; USABILITY; AWARENESS.—The
10
parental direct messaging controls described in subsection
11
(a) shall meet the following requirements:
12
(1) Be clearly and conspicuously accessible to a
13
parent of a teen covered user through—
14
(A) the settings of a profile of the teen
15
covered user; and
16
(B) any parental portal or interface offered
17
by the covered platform.
18
(2) Be designed to be user-friendly with clear
19
explanations of the manner in which the parental di-
20
rect messaging controls operate.
21
(c) FUNCTIONALITY OF CONTROLS.—As a default
22
setting on a covered platform, the parental direct mes-
23
saging controls described in subsection (a) shall allow a
24
parent of a teen covered user of the covered platform to
25
do the following (unless the parent adjusts the default set-
26
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ting with respect to any of the following by providing
1
verifiable parental consent):
2
(1) Receive a timely notification that—
3
(A) alerts the parent about a request from
4
an unapproved contact who seeks to use a di-
5
rect messaging feature of the covered platform
6
with respect to the teen covered user; and
7
(B) allows the parent to approve or deny
8
the request before the unapproved contact and
9
the teen covered user engage in any direct mes-
10
saging through any such direct messaging fea-
11
ture.
12
(2) View and manage a list of any contacts ap-
13
proved for engaging in direct messaging with the
14
teen covered user through any direct messaging fea-
15
ture of the covered platform.
16
(3) Be informed if the teen covered user
17
changes the age listed on a profile of the teen cov-
18
ered user on the covered platform (if any such
19
change affects the applicability of such parental di-
20
rect messaging controls).
21
(4) Disable any direct messaging feature of any
22
such profile.
23
(5) Prevent any specific user, any specific group
24
of users, or other users in general, from initiating or
25
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continuing to engage in direct messaging with the
1
teen covered user through any direct messaging fea-
2
ture of the covered platform.
3
(6) Enable the teen covered user to set a profile
4
of the teen covered user on the covered platform as
5
hidden on any search such that—
6
(A) other users are prevented from search-
7
ing for and finding such profile;
8
(B) other users are prevented from seeing
9
the current online or offline status of the teen
10
covered user; and
11
(C) other users are prevented from initi-
12
ating or continuing to engage in direct mes-
13
saging with the teen covered user through any
14
direct messaging feature of the covered plat-
15
form.
16
(d) NO DEGRADATION
OF OTHER FEATURES
OR
17
SERVICES.—A provider of a covered platform may not de-
18
grade the functionality or availability of any other feature
19
or service of the covered platform for a teen covered user
20
of the covered platform based on the activation or manage-
21
ment of parental direct messaging controls by a parent
22
of the teen covered user under this section (except as nec-
23
essary to implement any such parental direct messaging
24
controls).
25
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(e) NO CIRCUMVENTION.—A provider of a covered
1
platform shall take reasonable measures to prevent a teen
2
covered user of the covered platform from easily circum-
3
venting parental direct messaging controls activated and
4
managed by a parent of the teen covered user under this
5
section.
6
SEC. 236. RULE OF CONSTRUCTION ON ENCRYPTION.
7
No requirement under this subtitle to restrict any
8
feature for a covered user or to provide parental direct
9
messaging controls for a direct messaging feature of a cov-
10
ered platform may be construed to override any protection
11
for an encrypted communication described in this subtitle
12
and a provider of a covered platform shall adhere to any
13
such requirement, to the maximum extent technically fea-
14
sible, through means that do not compromise the integrity
15
of strong encryption offered to any user of the covered
16
platform.
17
SEC. 237. RELATIONSHIP TO STATE LAW.
18
(a) IN GENERAL.—No State, or political subdivision
19
of a State, may prescribe, maintain, enforce, or continue
20
in effect any law, rule, regulation, requirement, standard,
21
or other provision having the force and effect of law to
22
the extent that such law, rule, regulation, requirement,
23
standard, or other provision—
24
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(1) directly prohibits ephemeral or direct mes-
1
saging on a covered platform for users under 13; or
2
(2) regulates parental direct messaging controls
3
on covered platforms for teen covered users.
4
(b) RULE
OF CONSTRUCTION.—Nothing in sub-
5
section (a) may be construed to preempt the applicability
6
of any of the following:
7
(1) Any law of a State with respect to trespass,
8
contract, tort, or product liability.
9
(2) Any statutory law that creates a remedy or
10
penalty for criminal conduct.
11
(3) Any law of general applicability of a State
12
with respect to consumer protection.
13
SEC. 238. EFFECTIVE DATE.
14
(a) IN GENERAL.—Except as provided in subsection
15
(b), this subtitle shall take effect on the date that is 180
16
days after the date of the enactment of this Act.
17
(b) EXCEPTION.—The effective date described in sub-
18
section (a) does not apply with respect to section 235.
19
Subtitle C—Stop Profiling Youth
20
and Kids
21
SEC. 241. SHORT TITLE.
22
This subtitle may be cited as the ‘‘Stop Profiling
23
Youth and Kids Act’’ or the ‘‘SPY Kids Act’’.
24
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SEC. 242. USER DEFINED.
1
In this subtitle, the term ‘‘user’’, with respect to a
2
covered platform, means an individual who registers an
3
account or creates a profile on the covered platform.
4
SEC. 243. MARKET RESEARCH.
5
(a) PROHIBITION
OF RESEARCH
ON MINORS.—A
6
provider of a covered platform may not, in the case of a
7
user or visitor of the covered platform who the provider
8
knows is a minor, conduct market or product-focused re-
9
search on such user or visitor unless any such research
10
is—
11
(1) used solely to improve the privacy, security,
12
transparency, or safety of the covered platform, in-
13
cluding with respect to a design feature or any safe-
14
guard, setting, or tool offered to such user or visitor
15
or a parent of such user or visitor; or
16
(2) necessary for compliance with a Federal or
17
State law.
18
(b) RULE OF CONSTRUCTION.—Nothing in this sub-
19
title may be construed to limit the processing of personal
20
information solely for measuring or reporting advertising
21
or content performance, reach, or frequency, including
22
through an independent measurement.
23
SEC. 244. RELATIONSHIP TO STATE LAWS.
24
(a) IN GENERAL.—No State, or political subdivision
25
of a State, may prescribe, maintain, enforce, or continue
26
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in effect any law, rule, regulation, requirement, standard,
1
or other provision having the force and effect of law to
2
the extent that such law, rule, regulation, requirement,
3
standard, or other provision regulates the ability of a cov-
4
ered platform to conduct market or product-focused re-
5
search on a minor.
6
(b) RULE
OF CONSTRUCTION.—Nothing in sub-
7
section (a) may be construed to preempt the applicability
8
of any of the following:
9
(1) Any law of a State with respect to trespass,
10
contract, tort, or product liability.
11
(2) Any statutory law that creates a remedy or
12
penalty for criminal conduct.
13
(3) Any law of general applicability of a State
14
with respect to consumer protection.
15
SEC. 245. EFFECTIVE DATE.
16
This subtitle shall take effect on the date that is 90
17
days after the date of the enactment of this Act.
18
TITLE III—SOCIAL GAMING
19
PLATFORMS
20
SEC. 301. SHORT TITLE.
21
This title may be cited as the ‘‘Safer Guarding of
22
Adolescents from Malicious Interactions on Network
23
Games Act’’ or the ‘‘Safer GAMING Act’’.
24
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SEC. 302. DEFINITIONS.
1
(a) DEFINITIONS.—In this title:
2
(1) COVERED
COMMUNICATION
TOOL.—The
3
term ‘‘covered communication tool’’ means a capa-
4
bility available to a user of an interactive online
5
video game that allows for the exchange of verbal,
6
written, or visual messages between such user and
7
any other user of such interactive online video game.
8
(2) COVERED USER.—The term ‘‘covered user’’
9
means a user of an interactive online video game if
10
the online video game provider of such interactive
11
online video game knows that such user is a minor.
12
(3) INTERACTIVE ONLINE VIDEO GAME.—The
13
term ‘‘interactive online video game’’ means a video
14
game that—
15
(A) connects to the internet; and
16
(B) allows a user of such video game to
17
communicate with other users of such video
18
game.
19
(4) ONLINE VIDEO GAME PROVIDER.—The term
20
‘‘online video game provider’’ means a person en-
21
gaged in the business of providing directly to a con-
22
sumer over the internet or other online means a dig-
23
ital storefront, console network, mobile or cloud
24
gaming platform, or similar means of digital dis-
25
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tribution that offers access to an interactive online
1
video game for use by the consumer.
2
(5) VIDEO
GAME.—The term ‘‘video game’’
3
means a software program that—
4
(A) receives and stores data or instructions
5
generated by the user of such software pro-
6
gram; and
7
(B) processes such data or instructions to
8
create an interactive game for such user to play
9
on a computer, gaming system, console, mobile
10
device, or other technological means.
11
SEC.
303.
SAFEGUARDS
REQUIREMENTS
FOR
ONLINE
12
VIDEO GAME PROVIDERS.
13
(a) COMMUNICATION SAFEGUARDS.—An online video
14
game provider shall provide safeguards to a parent of a
15
covered user of an interactive online video game of such
16
online video game provider that allow the parent to limit
17
communication between such covered user and any other
18
user of such interactive online video game.
19
(b) FEATURES.—
20
(1) IN GENERAL.—An online video game pro-
21
vider shall ensure that the safeguards required by
22
subsection (a) meet the following requirements:
23
(A) Be accessible and easy to use.
24
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(B) Be enabled by default on an account
1
of a covered user of the interactive online video
2
game of such online video game provider.
3
(C) Be set to the most protective level of
4
control by default on any such account.
5
(2) PROTECTIVE
LEVEL
OF
CONTROL.—For
6
purposes of paragraph (1)(C), the most protective
7
level of control means the relevant safeguards—
8
(A) are set to the most restrictive setting
9
by default; and
10
(B) may be set to a less restrictive setting
11
only by a parent of a covered user.
12
(3) OTHER SAFEGUARDS REQUIRED.—An on-
13
line video game provider shall provide to a covered
14
user and a parent of a covered user of an interactive
15
online video game of the online video game provider
16
readily accessible and easy-to-use safeguards to do
17
the following:
18
(A) Prevent a profile of such covered user
19
or personal information connected to such cov-
20
ered user from being recommended or sug-
21
gested to any other user of such interactive on-
22
line video game who is not a minor.
23
(B) Restrict purchases and financial trans-
24
actions by such covered user.
25
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(C) Limit the amount of time spent by
1
such covered user on such interactive online
2
video game.
3
(c) DEVICE CONTROLS.—Nothing in this section may
4
be construed to prohibit an online video game provider
5
from making available to the parent of a covered user of
6
an interactive online video game of the online video game
7
provider a single user interface that permits such parent
8
to do the following:
9
(1) Set the level or scope of any covered com-
10
munication tool with respect to multiple other users
11
or categories of users or set the level or scope of
12
multiple covered communication tools.
13
(2) Control the safeguards required by this sec-
14
tion.
15
(d) NOTICE TO COVERED USERS.—An online video
16
game provider shall provide clear and conspicuous notice
17
to a covered user of an interactive online video game of
18
the online video game provider when the safeguards re-
19
quired by this section are in effect that describes the set-
20
tings or safeguards that have been applied.
21
SEC. 304. RELATIONSHIP TO STATE LAWS.
22
(a) IN GENERAL.—No State, or political subdivision
23
of a State, may prescribe, maintain, enforce, or continue
24
in effect any law, rule, regulation, requirement, standard,
25
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•HR 7757 IH
or other provision having the force and effect of law to
1
the extent that such law, rule, regulation, requirement,
2
standard, or other provision regulates the provision of a
3
covered communication tool or other safeguard by an on-
4
line video game provider under this Act.
5
(b) RULE
OF CONSTRUCTION.—Nothing in sub-
6
section (a) may be construed to preempt the applicability
7
of any of the following:
8
(1) Any law of a State with respect to trespass,
9
contract, tort, or product liability.
10
(2) Any statutory law that creates a remedy or
11
penalty for criminal conduct.
12
(3) Any law of general applicability of a State
13
with respect to consumer protection.
14
TITLE IV—ARTIFICIAL
15
INTELLIGENCE CHATBOTS
16
SEC. 401. SHORT TITLE.
17
This title may be cited as the ‘‘Safeguarding Adoles-
18
cents From Exploitative BOTs Act’’ or the ‘‘SAFE BOTs
19
Act’’.
20
SEC. 402. DEFINITIONS.
21
In this title:
22
(1) CHATBOT PROVIDER.—
23
(A) IN GENERAL.—The term ‘‘chatbot pro-
24
vider’’ means a person engaged in the business
25
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of providing a chatbot directly to a consumer
1
for the use of the consumer, including through
2
a website, mobile application, or other online
3
means.
4
(B) LIMITATION.—A person that provides
5
a website, mobile application, or other online
6
service that includes a chat function incidental
7
to the primary purpose of such website, applica-
8
tion, or service may not be treated as a chatbot
9
provider solely on the basis of such incidental
10
chat function.
11
(2) COVERED USER.—The term ‘‘covered user’’
12
means a user of a chatbot if the provider of such
13
chatbot knows that such user is a minor.
14
SEC. 403. CERTAIN STATEMENTS PROHIBITED.
15
A chatbot provider may not provide to a covered user
16
of a relevant chatbot that states to the covered user that
17
the chatbot is a licensed professional (unless such state-
18
ment is true).
19
SEC. 404. DISCLOSURE REQUIRED.
20
(a) IN GENERAL.—A chatbot provider shall clearly
21
and conspicuously disclose to each covered user of a
22
chatbot of such chat provider a disclosure of the following:
23
(1) The chatbot is an artificial intelligence sys-
24
tem and not a natural person.
25
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(2) Resources for contacting a suicide and crisis
1
intervention hotline.
2
(b) TIMING.—
3
(1) AI SYSTEM DISCLOSURE.—A disclosure re-
4
quired by subsection (a)(1) shall be made—
5
(A) at the initiation of the first interaction
6
of a covered user with a chatbot; and
7
(B) at any point at which, during an inter-
8
action between a covered user and a chatbot,
9
the covered user prompts the chatbot about
10
whether the chatbot is an artificial intelligence
11
system.
12
(2) CRISIS RESOURCES DISCLOSURE.—A disclo-
13
sure required by subsection (a)(2) shall be made at
14
any point at which, during an interaction between a
15
covered user and a chatbot, the covered user
16
prompts the chatbot about suicide or suicidal idea-
17
tion.
18
(c) USE OF PLAIN LANGUAGE.—Any disclosure re-
19
quired by subsection (a) shall be made in a manner that
20
is clear and age-appropriate using plain language such
21
that the disclosure is reasonably understandable by a
22
minor.
23
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SEC. 405. POLICIES REQUIRED.
1
A chatbot provider shall establish, implement, and
2
maintain reasonable policies, practices, and procedures—
3
(1) to ensure that a chatbot of the chatbot pro-
4
vider advises a covered user of the chatbot to take
5
a break from the chatbot at the point at which a
6
continuous and uninterrupted interaction of such
7
covered user with such chatbot has lasted for 3
8
hours; and
9
(2) to address, with respect to covered users—
10
(A) any access to sexual material harmful
11
to minors;
12
(B) the promotion of gambling that is re-
13
stricted from or prohibited for minors by law;
14
and
15
(C) the promotion of the distribution, sale,
16
or use of narcotic drugs, tobacco products, or
17
alcohol that are restricted from or prohibited
18
for minors by law.
19
SEC. 406. RULE OF CONSTRUCTION.
20
Nothing in this title may be construed to require a
21
chatbot provider to prevent or preclude any covered user
22
of a chatbot of the chatbot provider from accessing re-
23
sources and information regarding the prevention or miti-
24
gation of the harms described in section 405(2).
25
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SEC. 407. RELATIONSHIP TO STATE LAWS.
1
(a) IN GENERAL.—No State, or political subdivision
2
of a State, may prescribe, maintain, enforce, or continue
3
in effect any law, rule, regulation, requirement, standard,
4
or other provision having the force and effect of law, if
5
such law, rule, regulation, requirement, standard, or other
6
provision conflicts with this Act.
7
(b) RULE
OF CONSTRUCTION.—Nothing in sub-
8
section (a) may be construed to preempt the applicability
9
of any of the following:
10
(1) Any law of a State with respect to trespass,
11
contract, tort, or product liability.
12
(2) Any statutory law that creates a remedy or
13
penalty for criminal conduct.
14
(3) Any law of general applicability of a State
15
with respect to consumer protection.
16
TITLE
V—RESEARCH,
EDU-
17
CATION,
AND
BEST
PRAC-
18
TICES FOR PROTECTING MI-
19
NORS ONLINE
20
Subtitle A—Research
21
SEC. 501. DEFINITIONS.
22
In this subtitle:
23
(1) FENTANYL.—The term ‘‘fentanyl’’ includes
24
any fentanyl analogue and fentanyl-related sub-
25
stance.
26
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(2)
FENTANYL-RELATED
SUBSTANCE.—The
1
term ‘‘fentanyl-related substance’’ has the meaning
2
given that term in subsection (e) of schedule I of
3
section 202(c) of the Controlled Substances Act (21
4
U.S.C. 812(c)).
5
(3)
RELEVANT
CONGRESSIONAL
COMMIT-
6
TEES.—The term ‘‘relevant congressional commit-
7
tees’’ means the Committee on Energy and Com-
8
merce of the House of Representatives and the Com-
9
mittee on Commerce, Science, and Transportation of
10
the Senate.
11
(4) SOCIAL MEDIA PLATFORM.—The term ‘‘so-
12
cial media platform’’—
13
(A) means a public-facing website, internet
14
application, or mobile internet application, in-
15
cluding a social network or video sharing serv-
16
ice—
17
(i) that serves the public; and
18
(ii) that primarily provides a forum
19
for user-generated content, including mes-
20
sages, videos, images, games, and audio
21
files; and
22
(B) does not include—
23
(i) a provider of broadband internet
24
access service (as described in section
25
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8.1(b) of title 47, Code of Federal Regula-
1
tions, or any successor regulation); or
2
(ii) electronic mail.
3
PART 1—SAFE SOCIAL MEDIA ACT
4
SEC. 511. SHORT TITLE.
5
This part may be cited as the ‘‘Safe Social Media
6
Act’’.
7
SEC. 512. REPORT BY COMMISSION ON SOCIAL MEDIA USE
8
BY MINORS.
9
(a) IN GENERAL.—The Commission, in coordination
10
with the Secretary of Health and Human Services (acting
11
through the Assistant Secretary for Mental Health and
12
Substance Use), shall—
13
(1) conduct a study on social media platform
14
use by minors, including with respect to—
15
(A) what personal information is collected
16
by social media platforms with respect to mi-
17
nors;
18
(B) how such personal information is used
19
by the algorithms of the social media platforms;
20
(C) how such personal information is used
21
with respect to targeted advertising;
22
(D) how often minors use social media
23
platforms daily;
24
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(E) differences in use of social media plat-
1
forms related to the age ranges of minors;
2
(F) mental health effects on minors linked
3
to the use of social media platforms; and
4
(G) potential harmful effects and benefits
5
for minors from extended social media platform
6
use; and
7
(2) not later than 3 years after the date of the
8
enactment of this Act, submit to Congress a report
9
on the findings of the study conducted under para-
10
graph (1), including any recommended policy
11
changes based on such findings.
12
(b) EXEMPTION.—Subchapter I of chapter 35 of title
13
44, United States Code (commonly known as the ‘‘Paper-
14
work Reduction Act’’) does not apply to this section.
15
PART 2—NO FENTANYL ON SOCIAL MEDIA ACT
16
SEC. 513. SHORT TITLE.
17
This part may be cited as the ‘‘No Fentanyl on Social
18
Media Act’’.
19
SEC. 514. REPORT ON THE ABILITY OF MINORS TO ACCESS
20
FENTANYL THROUGH SOCIAL MEDIA PLAT-
21
FORMS.
22
(a) REPORT REQUIRED.—Not later than 1 year after
23
the date of the enactment of this Act, the Commission,
24
in coordination with the Secretary of Health and Human
25
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Services, acting through the Commissioner of Food and
1
Drugs and the Administrator of the Drug Enforcement
2
Administration, shall submit to the relevant congressional
3
committees and publish on the website of the Commission
4
a report on the ability of minors to access fentanyl, includ-
5
ing through pressed pills, on social media platforms and
6
that includes the following:
7
(1) The prevalence and ability for minors to ac-
8
cess fentanyl from drug sellers on social media plat-
9
forms.
10
(2) The impact of such prevalence and access
11
on minors, including with respect to health risks and
12
risks to physical safety.
13
(3) How drug sellers use social media platforms
14
to market, sell, deliver, distribute, dispense, and en-
15
gage in other transactions related to the provision of
16
fentanyl to minors.
17
(4) How design features and other characteris-
18
tics of social media platforms affect the ability of
19
minors to access fentanyl.
20
(5) Other measures taken by law enforcement,
21
the medical community, and others to address the
22
issues described in paragraphs (1) through (4).
23
(6) Practices, policies, and other measures
24
taken by social media platforms to address the abil-
25
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ity of drug sellers to use social media platforms and
1
the effectiveness of such practices, policies, and
2
measures.
3
(7) Recommendations for Congress to eliminate
4
the prevalence and ability for minors to access
5
fentanyl on social media platforms.
6
(b) CONSULTATION REQUIRED.—In developing the
7
report required by subsection (a), the Commission shall
8
consult with stakeholders, including parents, social media
9
platforms, law enforcement, medical professionals, and
10
other relevant experts.
11
(c) REDACTION PERMITTED.—In publishing the re-
12
port required by subsection (a), the Commission, in con-
13
sultation with the Attorney General, may redact any infor-
14
mation relating to paragraphs (3) and (5) of such sub-
15
section that may compromise any law enforcement tactic,
16
strategy, or technique.
17
PART 3—ASSESSING SAFETY TOOLS FOR
18
PARENTS AND MINORS ACT
19
SEC. 515. SHORT TITLE.
20
This part may be cited as the ‘‘Assessing Safety
21
Tools for Parents and Minors Act’’.
22
SEC. 516. INDUSTRY REVIEW AND REPORT.
23
(a) REVIEW.—Not later than 6 months after the date
24
of the enactment of this Act, the Commission, in consulta-
25
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tion with industry, parents, individuals with expertise in
1
communications technologies, parental controls, privacy,
2
and mental health, and any other appropriate entities as
3
determined by the Commission, shall—
4
(1) initiate a review of industry efforts to pro-
5
mote online safety for minors through education, pa-
6
rental and child safety tools, age-appropriate labels
7
for content, privacy and other safety settings, or
8
other relevant technologies or initiatives; and
9
(2) examine the effectiveness of industry efforts
10
identified under paragraph (1) to mitigate online
11
harms for minors and provide recommendations for
12
industry, Congress, and agencies to improve online
13
safety for minors.
14
(b) SUBMISSION OF REPORT.—Not later than 3 years
15
after the date of the enactment of this Act, the Commis-
16
sion shall submit to the Committee on Commerce, Science,
17
and Transportation of the Senate and the Committee on
18
Energy and Commerce of the House of Representatives
19
a report with the findings and recommendations resulting
20
from the review described in subsection (a).
21
(c) EXEMPTION.—Subchapter I of chapter 35 of title
22
44, United States Code (commonly known as the ‘‘Paper-
23
work Reduction Act’’) does not apply to this section.
24
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PART 4—STUDY ON CHATBOTS AND MENTAL
1
HEALTH OF MINORS
2
SEC. 517. STUDY REQUIRED.
3
The Secretary of Health and Human Services, acting
4
through the Director of the National Institutes of Health,
5
shall conduct a 4-year longitudinal study to evaluate the
6
risks and benefits of chatbots with respect to the mental
7
health of minors, including with respect to loneliness, anx-
8
iety, social skill building, social isolation, depression, self-
9
harm, and suicidal ideation.
10
SEC. 518. CONSULTATION.
11
In conducting the study required by section 517, the
12
Secretary, acting through the Director, shall consult with
13
the following:
14
(1) The Director of the National Institute of
15
Mental Health.
16
(2) Pediatric mental health experts.
17
(3) Technologists.
18
(4) Ethicists.
19
(5) Educators.
20
SEC. 519. REPORT.
21
Not later than 4 years after the date of the enact-
22
ment of this Act, the Secretary, acting through the Direc-
23
tor, shall submit to the Committee on Energy and Com-
24
merce of the House of Representatives and the Commit-
25
tees on Commerce, Science, and Transportation and
26
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Health, Education, Labor, and Pensions of the Senate a
1
report on the results of the study required by section 517
2
and any related recommendations.
3
Subtitle B—Education
4
PART 1—PROMOTING A SAFE INTERNET FOR
5
MINORS ACT
6
SEC. 521. SHORT TITLE.
7
This part may be cited as the ‘‘Promoting a Safe
8
Internet for Minors Act’’.
9
SEC. 522. ONLINE SAFETY FOR MINORS.
10
(a) AMENDMENT.—Subtitle A of the Protecting Chil-
11
dren in the 21st Century Act (15 U.S.C. 6551 et seq.)
12
is amended by striking sections 211 through 214 and 216
13
and inserting the following:
14
‘‘SEC. 211. PUBLIC AWARENESS AND EDUCATIONAL CAM-
15
PAIGN.
16
‘‘Not later than 180 days after the date of the enact-
17
ment of this section, the Commission, in partnership with
18
the heads of other relevant agencies, State and local gov-
19
ernments, nonprofit organizations, schools, industry, law
20
enforcement, medical professionals, and other appropriate
21
entities, shall carry out a program throughout the United
22
States to promote the safe use of the internet by minors,
23
that includes the following:
24
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‘‘(1) The identification, promotion, and encour-
1
agement of best practices for educators, online plat-
2
forms, minors, and parents and guardians to protect
3
minors online.
4
‘‘(2) The establishment and implementation of
5
an outreach and education campaign throughout the
6
United States that promotes online safety for mi-
7
nors.
8
‘‘(3) The facilitation of access to, and the ex-
9
change of, information regarding online safety for
10
minors to promote up-to-date knowledge regarding
11
harms and risks negatively impacting or benefits
12
positively impacting minors online.
13
‘‘(4) The facilitation of access to publicly acces-
14
sible online safety education and public awareness
15
efforts by other relevant agencies, State and local
16
governments, nonprofit organizations, schools, indus-
17
try, and other appropriate entities.
18
‘‘SEC. 212. ANNUAL REPORT.
19
‘‘Not later than 1 year after the date of the enact-
20
ment of this section, and annually thereafter for 10 years,
21
the Commission shall submit to the Committee on Com-
22
merce, Science, and Transportation of the Senate and the
23
Committee on Energy and Commerce of the House of
24
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Representatives a report that describes the activities car-
1
ried out under section 211.
2
‘‘SEC. 213. DEFINITIONS.
3
‘‘In this subtitle:
4
‘‘(1) AGENCY.—The term ‘agency’ has the
5
meaning given that term in section 551 of title 5,
6
United States Code.
7
‘‘(2) COMMISSION.—The term ‘Commission’
8
means the Federal Trade Commission.
9
‘‘(3) MINOR.—The term ‘minor’ means an indi-
10
vidual under the age of 17.
11
‘‘(4) NONPROFIT
ORGANIZATION.—The term
12
‘nonprofit organization’ means an organization that
13
is described in section 501(c)(3) of the Internal Rev-
14
enue Code of 1986 and exempt from taxation under
15
section 501(a) of such Code.
16
‘‘(5) ONLINE SAFETY.—The term ‘online safety’
17
includes issues regarding the use of the internet in
18
a manner that promotes safe online activity for mi-
19
nors through the following:
20
‘‘(A) Protecting minors from cybercrimes,
21
access to narcotics, tobacco products, gambling,
22
alcohol, and other adult content.
23
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‘‘(B) Preventing compulsive behavior on-
1
line and other adverse impacts on the physical
2
and mental health of minors.
3
‘‘(C) Facilitating the effective use of safe-
4
guards, parental controls, and other tools to
5
empower parents, guardians, and minors to pro-
6
tect minors online.
7
‘‘(6) STATE.—The term ‘State’ means each of
8
the several States, the District of Columbia, each
9
commonwealth, territory, or possession of the United
10
States, and each federally recognized Indian Tribe.’’.
11
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
12
The table of contents for subtitle A of the Protecting Chil-
13
dren in the 21st Century Act (15 U.S.C. 6551 et seq.)
14
is amended—
15
(1) by striking the items related to sections 211
16
through 214 and 216; and
17
(2) inserting before section 215 the following:
18
‘‘Sec. 211. Public awareness and educational campaign.
‘‘Sec. 212. Annual report.
‘‘Sec. 213. Definitions.’’.
PART 2—AI WARNINGS AND RESOURCES FOR
19
EDUCATION (AWARE) ACT
20
SEC. 523. SHORT TITLE.
21
This part may be cited as the ‘‘AI Warnings And Re-
22
sources for Education Act’’ or the ‘‘AWARE Act’’.
23
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SEC. 524. CHATBOTS AND MINORS.
1
(a) EDUCATIONAL RESOURCES.—Not later than 1
2
year after the date of the enactment of this Act, the Com-
3
mission, in consultation with relevant agencies, shall de-
4
velop and make available to the public educational re-
5
sources for parents, educators, and minors with respect
6
to the safe and responsible use of chatbots by minors.
7
(b) CONTENTS.—The educational resources devel-
8
oped and made available under subsection (a) shall include
9
resources on—
10
(1) the risks and benefits of chatbot use;
11
(2) privacy and data collection practices; and
12
(3) best practices for parents supporting the
13
safe use of chatbots by minors.
14
(c) YOUVILLE.—The Commission shall, in a manner
15
appropriate for minors, model the educational resources
16
developed and made available under subsection (a) on the
17
Youville program of the Commission.
18
Subtitle C—Partnerships and Best
19
Practices
20
SEC. 525. SHORT TITLE.
21
This subtitle may be cited as the ‘‘Kids Internet Safe-
22
ty Partnership Act’’.
23
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SEC. 526. KIDS INTERNET SAFETY PARTNERSHIP.
1
(a) ESTABLISHMENT.—Not later than 1 year after
2
the date of the enactment of this Act, the Secretary shall
3
establish the Kids Internet Safety Partnership.
4
(b) DIRECTOR.—The Secretary shall appoint a Direc-
5
tor to be the head of the Partnership.
6
(c) DUTIES.—The duties of the Partnership shall be
7
the following:
8
(1) Coordinate with relevant agencies, including
9
the Commission, and stakeholders to identify—
10
(A) the risks for minors with respect to the
11
use of websites, online services, online applica-
12
tions, and mobile applications;
13
(B) the benefits for minors with respect to
14
the use of websites, online services, online appli-
15
cations, and mobile applications; and
16
(C) widely accepted or evidence-based best
17
practices that account for minors of different
18
ages and—
19
(i) address the risks identified under
20
subparagraph (A); and
21
(ii) preserve and enhance the benefits
22
identified under subparagraph (B).
23
(2) Not later than 1 year after the date on
24
which the Partnership is established, and every 2
25
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•HR 7757 IH
years thereafter, publish on a publicly available
1
website a report that details—
2
(A) the identifications made under para-
3
graph (1); and
4
(B) the efficacy and adoption by websites,
5
online services, online applications, and mobile
6
applications of—
7
(i) safeguards for minors; and
8
(ii) parental tools.
9
(3) Not later than 2 years after the date on
10
which the Partnership is established, publish on a
11
publicly available website a playbook for providers
12
and developers of websites, online services, online
13
applications, and mobile applications to facilitate the
14
implementation of widely accepted or evidence-based
15
best practices that account for minors of different
16
ages and address the risks identified under para-
17
graph (1)(A) and preserve and enhance the benefits
18
identified under paragraph (1)(B), including best
19
practices with respect to—
20
(A) age verification, assurance, and esti-
21
mation techniques;
22
(B) design features;
23
(C) parental tools;
24
(D) default privacy and account settings;
25
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(E) reporting systems and tools;
1
(F) third-party safety software services;
2
and
3
(G) limitations and opt-outs related to per-
4
sonalized
recommendation
systems
and
5
chatbots.
6
(d) STAKEHOLDERS.—In coordinating with stake-
7
holders under subsection (c)(1), the Partnership shall co-
8
ordinate with the following:
9
(1) Academic experts with specific expertise
10
with respect to the prevention of risks for minors on-
11
line.
12
(2) Researchers with specific expertise with re-
13
spect to social media.
14
(3) Parents and minors with demonstrated ex-
15
perience with respect to the safety of minors online.
16
(4) Educators with demonstrated experience
17
with respect to the safety of minors online.
18
(5) Online platforms.
19
(6) Experts in academia and civil society with
20
specific expertise with respect to constitutional law,
21
privacy, free expression, access to information, and
22
civil liberties.
23
(7) State attorneys general (or designees there-
24
of who work in State or local government).
25
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(e) SUNSET.—The Partnership shall terminate on the
1
date that is 5 years after the date on which the Partner-
2
ship is established.
3
(f) DEFINITIONS.—In this section:
4
(1) PARENTAL
TOOL.—The term ‘‘parental
5
tool’’—
6
(A) means a tool that—
7
(i) a website, online service, online ap-
8
plication, or mobile application provides to
9
a parent of a user who the service or appli-
10
cation knows is a minor; and
11
(ii) the parent uses to support such
12
user with respect to the use of the website,
13
service, or application; and
14
(B) includes a tool that allows a parent of
15
a user who the website, service, or application
16
knows is a minor to—
17
(i) view or change the privacy and ac-
18
count settings of such user;
19
(ii) grant or withdraw verifiable pa-
20
rental consent;
21
(iii) restrict the purchases and finan-
22
cial transactions of such user;
23
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(iv) view metrics of the total time
1
spent on such website, service, or applica-
2
tion by such user;
3
(v) restrict time spent on such
4
website, service, or application by such
5
user;
6
(vi) report illegal or harmful conduct
7
on such website, service, or application
8
with respect to which such user may be a
9
victim; and
10
(vii) limit or opt-out of personalized
11
recommendation systems or chatbots.
12
(2) PARTNERSHIP.—The term ‘‘Partnership’’
13
means the Kids Internet Safety Partnership estab-
14
lished under subsection (a).
15
(3) SECRETARY.—The term ‘‘Secretary’’ means
16
the Secretary of Commerce.
17
TITLE VI—GENERAL
18
PROVISIONS
19
SEC. 601. ENFORCEMENT.
20
(a) ENFORCEMENT BY COMMISSION.—
21
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
22
TICES.—A violation of this Act shall be treated as
23
a violation of a regulation under section 18(a)(1)(B)
24
of the Federal Trade Commission Act (15 U.S.C.
25
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57a(a)(1)(B)) regarding unfair or deceptive acts or
1
practices.
2
(2) POWERS
OF
COMMISSION.—The Commis-
3
sion shall enforce this Act in the same manner, by
4
the same means, and with the same jurisdiction,
5
powers, and duties as though all applicable terms
6
and provisions of the Federal Trade Commission Act
7
(15 U.S.C. 41 et seq.) were incorporated into and
8
made a part of this Act, and any person who violates
9
this Act shall be subject to the penalties and entitled
10
to the privileges and immunities provided in the
11
Federal Trade Commission Act.
12
(3) AUTHORITY PRESERVED.—Nothing in this
13
title may be construed to limit the authority of the
14
Commission under any other provision of law.
15
(b) ACTIONS BY STATES.—
16
(1) IN GENERAL.—In any case in which the at-
17
torney general of a State, or an official or agency of
18
a State, has reason to believe that an interest of the
19
residents of such State has been or is threatened or
20
adversely affected by an act or practice in violation
21
of this Act, the State, as parens patriae, may bring
22
a civil action on behalf of the residents of the State
23
in an appropriate district court of the United States
24
to—
25
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(A) enjoin such act or practice;
1
(B) enforce compliance with this Act;
2
(C) obtain damages, restitution, or other
3
compensation on behalf of residents of the
4
State; or
5
(D) obtain such other legal and equitable
6
relief as the court may consider to be appro-
7
priate.
8
(2) NOTICE.—Before filing an action under this
9
subsection, the attorney general, official, or agency
10
of the State involved shall provide to the Commis-
11
sion a written notice of such action and a copy of
12
the complaint for such action. If the attorney gen-
13
eral, official, or agency determines that it is not fea-
14
sible to provide the notice described in this para-
15
graph before the filing of the action, the attorney
16
general, official, or agency shall provide written no-
17
tice of the action and a copy of the complaint to the
18
Commission immediately upon the filing of the ac-
19
tion.
20
(3) AUTHORITY OF COMMISSION.—
21
(A) IN
GENERAL.—On receiving notice
22
under paragraph (2) of an action under this
23
subsection, the Commission shall have the
24
right—
25
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(i) to intervene in the action;
1
(ii) upon so intervening—
2
(I) to be heard on all matters
3
arising therein; and
4
(II) to file petitions for appeal.
5
(B) LIMITATION ON STATE ACTION WHILE
6
FEDERAL ACTION IS PENDING.—If the Commis-
7
sion or the Attorney General of the United
8
States has instituted a civil action for violation
9
of this Act (referred to in this subparagraph as
10
the ‘‘Federal action’’), no State attorney gen-
11
eral, official, or agency may bring an action
12
under this subsection during the pendency of
13
the Federal action against any defendant
14
named in the complaint in the Federal action
15
for any violation of this Act alleged in such
16
complaint.
17
(4) RULE OF CONSTRUCTION.—For purposes of
18
bringing a civil action under this subsection, nothing
19
in this Act may be construed to prevent an attorney
20
general, official, or agency of a State from exercising
21
the powers conferred on the attorney general, offi-
22
cial, or agency by the laws of such State to conduct
23
investigations, administer oaths and affirmations, or
24
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compel the attendance of witnesses or the production
1
of documentary and other evidence.
2
SEC. 602. JUDICIAL REVIEW.
3
(a) RIGHT OF ACTION.—A petition for review that
4
challenges the constitutionality of this Act or the constitu-
5
tionality of any action, finding, or determination under
6
this Act may be filed only in the United States Court of
7
Appeals for the District of Columbia Circuit.
8
(b) EXCLUSIVE JURISDICTION.—The United States
9
Court of Appeals for the District of Columbia Circuit shall
10
have exclusive jurisdiction over any challenge to the con-
11
stitutionality of this Act or the constitutionality of any ac-
12
tion, finding, or determination under this Act.
13
(c) STATUTE OF LIMITATIONS.—A challenge to this
14
Act may only be brought—
15
(1) in the case of a challenge to the constitu-
16
tionality of this Act, not later than 90 days after the
17
date of the enactment of this Act; and
18
(2) in the case of a challenge to the constitu-
19
tionality of any action, finding, or determination
20
under this Act, not later than 60 days after the date
21
of such action, finding, or determination.
22
SEC. 603. RULES OF CONSTRUCTION.
23
Nothing in this Act may be construed to do any of
24
the following:
25
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(1) Allow a governmental entity to enforce this
1
Act based on a viewpoint expressed by or through
2
any speech, expression, or information protected by
3
the First Amendment to the Constitution of the
4
United States.
5
(2) Prevent the taking of reasonable measures
6
to block or filter spam, prevent criminal activity, or
7
protect the security of a platform or service.
8
(3) Require the disclosure of the browsing be-
9
havior, search history, messages, contact list, or
10
other content or metadata of the communications of
11
a minor.
12
(4) Limit or impair the Children’s Online Pri-
13
vacy Protection Act of 1998 (15 U.S.C. 6501 et
14
seq.) or any rule or regulation promulgated under
15
such Act.
16
(5) Expand, limit the scope of, or alter the
17
meaning of section 230 of the Communications Act
18
of 1934 (47 U.S.C. 230).
19
(6) Restrict the ability to—
20
(A) cooperate with a law enforcement
21
agency regarding activity reasonably and in
22
good faith believed to violate a Federal, State,
23
or local law, rule, or regulation;
24
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(B) comply with a lawful civil, criminal, or
1
regulatory inquiry, subpoena, or summons from
2
a Federal, State, local, or other governmental
3
authority;
4
(C) investigate, establish, exercise, respond
5
to, or defend against a legal claim;
6
(D) prevent, detect, or respond to a secu-
7
rity incident, identity theft, fraud, harassment,
8
or any other malicious, deceptive, or illegal ac-
9
tivity; or
10
(E) investigate or report a person respon-
11
sible for an activity described in subparagraph
12
(D).
13
(7) Decrypt or ensure an ability to decrypt an
14
encrypted communication of a user.
15
(8) Preclude the use of any form of encryption,
16
including end-to-end encryption, for any communica-
17
tion of a user.
18
(9) Design, build, or implement any feature,
19
function, software, hardware, or other capability for
20
the purpose of weakening, undermining, circum-
21
venting, or overcoming any security control, includ-
22
ing encryption, that is used to protect the privacy or
23
security of any communication or data of a user.
24
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(10) Require indefinite retention of data of a
1
user.
2
(11) Require the affirmative collection of any
3
personal information with respect to age that is not
4
collected already in the normal course of business.
5
SEC. 604. SEVERABILITY.
6
If any provision of this Act or the application of this
7
Act to any person or circumstance is held to be unconstitu-
8
tional, the remaining provisions of this Act and the appli-
9
cation of this Act to other persons or circumstances shall
10
not be affected.
11
SEC. 605. EFFECTIVE DATE.
12
Except as otherwise provided in this Act, this Act
13
shall take effect on the date that is 1 year after the date
14
of the enactment of this Act.
15
Æ
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