July 13, 2026
Received; read twice and referred to the Committee on Commerce, Science, and Transportation
To protect children and teens online, empower parents and strengthen families, and for other purposes.
Section 1. Short title; table of contents
(a) Short title
This Act may be cited as the Kids Internet and Digital Safety Act
or the KIDS Act
.
(b) Table of contents
The table of contents for this Act is as follows:
Sec. 2. Definitions
In this Act:
(1) Agency
The term agency has the meaning given that term in section 551 of title 5, United States Code.
(2) Algorithm
The term algorithm means any computational process, model, or other automated means of processing to rank, order, promote, recommend, amplify, or similarly alter the delivery or display of information (including any text, image, audio, or video post and any page, group, account, channel, or affiliation).
(3) Artificial intelligence
The term artificial intelligence has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(4) Chatbot
The term chatbot means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.
(5) Commission
The term Commission means the Federal Trade Commission.
(6) Design feature
The term design feature—
(A)
means any feature or component of a covered platform that encourages an increase in or increases the frequency of use or time spent by a user who is a minor with respect to such covered platform; and
(B)
includes—
(i)
infinite scrolling or auto play;
(ii)
rewards or incentives based on frequency of use or time spent;
(iii)
notifications and push alerts;
(iv)
badges or other visual award symbols based on frequency of use or time spent;
(v)
appearance altering filters; and
(vi)
personalized recommendation systems.
(7) Fully automated system
The term fully automated system means an algorithm the final outputs of which are, once computed, displayed directly to a covered user without review or alteration by a covered online platform.
(8) Minor
Except as otherwise provided, the term minor means an individual under the age of 17 years.
(9) Narcotic drug
The term narcotic drug has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(10) Parent
The term parent, with respect to a minor, means an adult with the legal right to make decisions on behalf of the minor, including any of the following:
(A)
A natural parent.
(B)
An adoptive parent.
(C)
A legal guardian.
(D)
An individual with legal custody over the minor.
(11) Personal information
The term personal information has the meaning given that term in section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501) (as amended by section 602(a)(4) of this Act).
(12) Personalized recommendation system
The term personalized recommendation system—
(A)
means a fully automated system used to suggest, promote, or rank content, including other users, hashtags, and posts, based on the personal information of a user; and
(B)
does not include a fully automated system that suggests, promotes, or ranks content based solely on the language, city or town, or age of a user.
(13) Sexual exploitation and abuse
The term sexual exploitation and abuse means any of the following:
(A)
Any offense, including coercion and enticement, described in section 2422 of title 18, United States Code.
(B)
Child pornography (as defined in section 2256 of title 18, United States Code).
(C)
Trafficking for the production of images (as described in section 2251 of title 18, United States Code).
(D)
Any offense described in section 1591 of title 18, United States Code.
(14) State
The term State means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe.
(15) Verifiable consent
The term verifiable consent has the meaning given that term in section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501) (as amended by section 602(a)(5) of this Act).
Title I Shielding Minors from Obscenity
Sec. 101. Short title
This title may be cited as the Shielding Children’s Retinas from Egregious Exposure on the Net Act
or the SCREEN Act
.
Sec. 102. Definitions
In this title:
(1) Covered platform
The term covered platform means a website or other online platform—
(A)
that is accessible by the public;
(B)
with respect to which more than one-third of the material made available thereon is sexual material harmful to minors; and
(C)
with respect to which the provider of such platform knowingly makes available the sexual material harmful to minors described in subparagraph (B).
(2) Minor
The terms minor has the meaning given that term in section 2256 of title 18, United States Code.
(3) Sexual act; sexual contact
The terms sexual act and sexual contact have the meanings given those terms in section 2246 of title 18, United States Code.
(4) Sexual material harmful to minors
The term sexual material harmful to minors means a picture, image, graphic image file, film, videotape, or other visual depiction that—
(A)
(i)
taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion;
(ii)
depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and
(iii)
taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors; or
(B)
is child pornography.
(5) Technology verification measure
The term technology verification measure means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor.
(6) Technology verification measure data
The term technology verification measure data means data that—
(A)
is collected or processed for the purpose of fulfilling a request by an individual to access a covered platform or material on a covered platform; and
(B)
is collected or processed for the purpose of utilizing or providing a technology verification measure pursuant to this title.
Sec. 103. Technology verification measures
(a) Covered platform requirements
Beginning on the date that is 1 year after the date of the enactment of this Act, a provider of a covered platform shall—
(1)
adopt and utilize commercially available technology verification measures with respect to the covered platform of such provider to identify minors; and
(2)
prevent such minors from accessing any sexual material harmful to minors on the covered platform.
(b) Additional requirements for compliance
In order to comply with subsection (a), a provider of a covered platform (or a third party contracted by a provider of a covered platform with respect to such covered platform) shall, with respect to a covered platform of the provider, carry out the following:
(1)
Use a technology verification measure in order to verify the age of a user.
(2)
Provide that a user confirming that the user is not a minor is not sufficient to verify age.
(3)
Provide clear and conspicuous notice containing information on the technology verification measures and other policies and procedures related to the technology verification measure data used to comply with this title.
(4)
Take reasonable measures to address circumvention of technology verification measures.
(5)
Not transfer, disclose, or retain any technology verification measure data beyond what is strictly necessary to use a technology verification measure pursuant to this title.
(6)
Not collect or use technology verification measure data for any purpose beyond what is strictly necessary to utilize a technology verification measure pursuant to this title.
(c) Use of third parties
(1) In general
A provider of a covered platform may contract with a third party to use technology verification measures for purposes of complying with subsection (a).
(2) Obligations; liability
A provider of a covered platform who contracts with a third party as described in paragraph (1) is not relieved from any obligation or liability under this title.
(d) Choice of verification measures
A provider of a covered platform may choose the specific technology verification measures to utilize for purposes of complying with subsection (a), if such measures satisfy subsection (b).
(e) Technology verification measure data security
A provider of a covered platform (or a third party contracted by a provider of a covered platform with respect to such covered platform) shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and availability of technology verification measure data collected with respect to the covered platform of such provider (including by a third party contracted by such covered provider with respect to such covered platform) and protect such technology verification measure data against unauthorized access.
(f) Rule of construction
Nothing in this section may be construed to require the submission of government-issued identification of any individual to a covered platform or a third party contracted by a provider of a covered platform to use a technology verification measure.
Sec. 104. Consultation requirements
In carrying out this title, the Commission shall consult with the following individuals, including with respect to the applicable standards and metrics for making a determination on whether a user of a covered platform is or is not a minor:
(1)
Individuals with experience in computer science and software engineering.
(2)
Individuals with experience in—
(A)
advocating for online child safety; or
(B)
providing services to minors who have been victimized by online child exploitation.
(3)
Individuals with experience in consumer protection and online privacy.
(4)
Individuals who supply technology verification measure products or have expertise in technology verification measures.
(5)
Individuals with experience in data security and cryptography.
Sec. 105. GAO report
Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes the following:
(1)
An analysis of the effectiveness of the technology verification measures required by section 103.
(2)
An analysis of the rate of compliance with such section by providers of covered platforms and third parties contracted by such providers with respect to such covered platforms.
(3)
An analysis of the data privacy and security measures used by covered platforms with respect to age verification processes.
(4)
An analysis of the expression, speech, behavioral, economic, psychological, and societal effects of the technology verification measures required by section 103.
(5)
Recommendations, if any, to the Commission on improving the enforcement of this title.
Title II Online Platforms
Sec. 201. Definitions
In this title:
(1) Covered platform
The term covered platform means a platform that is a website, software, application, or electronic service connected to the internet that meets the following requirements:
(A)
Is publicly available for use by consumers.
(B)
Enables the creation of a username or user identifier—
(i)
that is searchable on the platform by other users through a function made available by the platform; and
(ii)
that can be followed by or is similarly accessible to other users of the platform.
(C)
As the primary purpose of the platform, facilitates the sharing and access to user-generated content through text, images, video, audio, or any other interactive medium.
(D)
Uses a design feature to promote user engagement on the platform.
(E)
Uses the personal information of the user to advertise, market, or make content recommendations.
(2) User
The term user, with respect to a covered platform, means an individual who registers an account or creates a profile on the covered platform.
Subtitle A Kids Online Safety
Sec. 211. Short title
This subtitle may be cited as the Kids Online Safety Act
.
Sec. 212. Definitions
In this subtitle:
(1) Child
The term child means an individual who is under the age of 13.
(2) Compulsive usage
The term compulsive usage means a persistent and repetitive use of a covered platform that substantially limits 1 or more major life activities of an individual (as described in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
(3) Direct messaging feature
(A) In general
The term direct messaging feature means a function of a covered platform that enables a user to send a message, image, video, audio, or other communication directly to another user or a specific group of users of the covered platform.
(B) Exclusion
The term direct messaging feature does not include a function of a covered platform that enables a user to post content on the covered platform to—
(i)
a public or semi-public profile; or
(ii)
a feed accessible to a broader group of users.
(4) Ephemeral messaging feature
(A) In general
The term ephemeral messaging feature means a function of a covered platform that permanently deletes or renders inaccessible a message, image, video, audio, or other communication sent between users of the covered platform (such that neither the sender nor any recipient of such communication, nor the covered platform, may readily retrieve or review the communication in the original form through the covered platform)—
(i)
after a predetermined period;
(ii)
once viewed by such a recipient; or
(iii)
upon exiting the specific chat or messaging interface.
(B) Exceptions
The term ephemeral messaging feature does not include—
(i)
a function of a covered platform that allows a user of the covered platform to manually delete a message, image, video, audio, or other communication sent by such user after the transmission of the communication;
(ii)
standard data volatility in transit or temporary caching for necessary functional and performance reasons;
(iii)
the implementation of a time limited data retention schedule based on industry best practices as part of the explicit security policies of a covered platform or as needed to comply with applicable law or regulation; or
(iv)
a standard process by which a user may request deletion of an account on a covered platform to include user content.
(5) Geolocation information
The term geolocation information means information sufficient to identify a street name and name of a city or town.
(6) Know; knows
The term know or knows means to know or should have known.
(7) Messaging controls
The term messaging controls means a set of tools or settings that a provider of a covered platform provides to a user of the covered platform that allows the user to manage the use of a direct messaging feature or an ephemeral messaging feature by such user.
(8) Teen
The term teen means an individual who has attained the age of 13 years and is under the age of 17 years.
(9) Unapproved contact
The term unapproved contact means a user of a covered platform with respect to whom another user of the covered platform has not initiated a direct message conversation.
Sec. 213. Addressing harms to minors
(a) In general
A provider of a covered platform shall establish, implement, maintain, and enforce reasonable policies, practices, and procedures that address the following harms to minors:
(1)
Threats of physical violence so severe, pervasive, or objectively offensive that such threats impact a major life activity of a minor.
(2)
Sexual exploitation and abuse.
(3)
Distribution, sale, or use of narcotic drugs, tobacco products, cannabis products, gambling, or alcohol.
(4)
Any financial harm caused by deceptive practices.
(b) Considerations
The policies, practices, and procedures required by subsection (a) shall be appropriate to the size and complexity of the covered platform.
(c) Rules of construction
Nothing in subsection (a) may be construed to—
(1)
require a provider of a covered platform to prevent or preclude any minor from—
(A)
deliberately and independently searching for, or specifically requesting, content; or
(B)
accessing resources and information regarding the prevention or mitigation of the harms described in subsection (a); or
(2)
impose a duty of care on a provider of a covered platform.
Sec. 214. Safeguards for minors, parental tools, and teen messaging controls
(a) Safeguards for minors
(1) Safeguards
A provider of a covered platform shall provide a user of or visitor to the covered platform who the provider knows is a minor with readily accessible and easy-to-use safeguards to do each of the following, as applicable:
(A)
Limit the ability of other users to communicate with such user or visitor, including through direct messages or ephemeral messages.
(B)
Prevent the profile or personal information of such user or visitor from being recommended or suggested to another user or visitor who the provider knows is not a minor.
(C)
Prevent other users or visitors from seeing the current online or offline status of such user.
(D)
Limit design features that encourage compulsive usage of the covered platform by such user or visitor.
(E)
Restrict the sharing of geolocation information of such user or visitor to a third party that is not a processor and provide notice to such user or visitor and the parent of such user or visitor that geolocation information is collected.
(F)
Control any personalized recommendation system on such covered platform, including with respect to the ability for such user or visitor to have—
(i)
a prominently displayed option to opt out of any such personalized recommendation system, and
(ii)
a prominently displayed option to limit types or categories of recommendations from any such personalized recommendation system.
(2) Option
A covered platform shall provide a user that the covered platform knows is a minor with a readily accessible and easy-to-use option to limit the amount of time spent by such user on the covered platform.
(3) Default safeguard settings for minors
A provider of a covered platform shall ensure that, in the case of a user of or visitor to the covered platform who the provider knows is a minor, the default setting of any safeguard described in paragraph (1) is the option available on the covered platform that provides the most protective level of control with respect to privacy and safety for such user or visitor.
(b) Parental tools
(1) Tools
A provider of a covered platform shall provide readily accessible and easy-to-use parental tools that meet the requirements described in paragraph (2) for a parent of a user of the covered platform who the provider knows is a minor.
(2) Requirements
The parental tools described in paragraph (1) shall allow a parent of a user of the covered platform who the provider knows is a minor to do any of the following:
(A)
View the privacy and account settings of such user, including the teen messaging controls described in subsection (c)(2).
(B)
In the case of a user that the covered platform knows is a child, manage, change, and control the privacy and account settings of such user.
(C)
The ability to restrict purchases and financial transactions by such user, if applicable.
(D)
The ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by such user, if such time restrictions do not amount to full exclusion of access of such user to the covered platform.
(E)
Receive a notification when such user receives a request from another user who seeks to initiate direct messaging or ephemeral messaging with such user for the first time.
(F)
In the case of a user that the covered platform knows is a child, disable any ephemeral messaging features or direct messaging features.
(3) Notice to parents of minors
A provider of a covered platform shall provide clear and conspicuous notice to a parent of a user of the covered platform who the provider knows is a minor about the availability of the parental tools described in paragraph (1).
(4) Notice to minors
A provider of a covered platform shall provide clear and conspicuous notice to a user of the covered platform who the provider knows is a minor when any parental tool described in paragraph (1) is in effect and any setting or control that has been applied.
(5) Default tools for children
A provider of a covered platform shall ensure that, in the case of a user of or visitor to the covered platform who the provider knows is a child, the default setting for any parental tool described in paragraph (1) is the option available on the covered platform that provides the most protective level of control with respect to privacy and safety for such user or visitor.
(6) Application to existing accounts
If, before the effective date of this subtitle, a provider of a covered platform provides a parent of a user of the covered platform who the provider knows is a child with notice and the ability to enable a parental tool described in paragraph (1) in a manner that would otherwise comply with this subsection and the parent opts out of enabling any such parental tool, the covered platform is not required to enable any such parental tool with respect to such user by default on or after such effective date.
(c) Additional messaging controls for teens
(1) In general
A provider of a covered platform that offers, provides, or enables any direct messaging feature or ephemeral messaging feature of such covered platform to any user of the covered platform who the provider knows is a teen shall provide easily accessible and usable messaging controls described in paragraph (2) to such user that the user may activate and manage.
(2) Teen messaging controls
The teen messaging controls described in this paragraph shall allow a user of the covered platform to do any of the following:
(A)
Receive a timely notification that—
(i)
alerts the user about a request from an unapproved contact who seeks to use a direct messaging feature or an ephemeral messaging feature of the covered platform with respect to the user; and
(ii)
allows the user to approve or deny the request before the unapproved contact and the user engage in any direct messaging or ephemeral messaging through any such direct messaging feature or ephemeral messaging feature.
(B)
View and manage a list of any contacts approved for engaging in direct messaging or ephemeral messaging with the user through any direct messaging feature or any ephemeral messaging feature of the covered platform.
(C)
Disable any direct messaging feature or ephemeral messaging feature.
(D)
Prevent any specific user, any specific group of users, or other user in general from initiating or continuing to engage in direct messaging or ephemeral messaging with the user through any direct messaging feature or any ephemeral messaging feature of the covered platform.
(E)
Enable the user to set a profile of the user on the covered platform as hidden.
(d) Rules of application
(1) Accessibility
With respect to any safeguard described in subsection (a)(1), any parental tool described in subsection (b)(1), and any teen messaging control described in subsection (c)(2), a provider of a covered platform shall provide each of the following:
(A)
Information and control options in a clear and conspicuous manner that takes into consideration the differing ages, capacities, and developmental needs of a user of the covered platform who the provider knows is a minor most likely to access the covered platform and does not encourage such a user or a parent of such a user to weaken or disable any such safeguard, parental tool, or teen messaging control.
(B)
Readily accessible and easy-to-use controls to enable or disable any such safeguard, parental tool, or teen messaging control, as appropriate.
(C)
Information and control options in the same language, form, and manner as the provider provides the product or service used by such a user or a parent of such a user.
(2) Timing considerations; application of changes to offline devices or accounts
If the device of a user or user account does not have access to the internet at the time of a change to a parental tool described in subsection (b)(1), the provider of the relevant covered platform shall apply changes the next time the device or user is connected to the internet.
(3) Prohibition
A provider of a covered platform may not knowingly use a user interface with the purpose or substantial effect of obscuring, subverting, or impairing the use by a user of the covered platform who the provider knows is a minor or a parent of such a user of any safeguard described in subsection (a)(1), any parental tool described in subsection (b)(1), or any teen messaging control described in subsection (c)(2).
(e) Rules of construction
Nothing in this section may be construed to do any of the following:
(1)
Prevent a provider of a covered platform from taking reasonable measures to block, detect, or prevent the distribution of unlawful, obscene, or other harmful material to minors or any other harms to minors described in section 213(a).
(2)
Prevent a provider of a covered platform from entering into an agreement with a third party with a primary or exclusive function of—
(A)
providing—
(i)
any safeguard described in subsection (a)(1);
(ii)
any parental tool described in subsection (b)(1); or
(iii)
any teen messaging control described in subsection (c)(2); or
(B)
otherwise assisting with meeting the requirements described in subsections (a), (b), and (c).
(3)
Prevent a parent or user from authorizing a third party described in paragraph (2) to implement—
(A)
any safeguard described in subsection (a)(1);
(B)
any parental tool described in subsection (b)(1); or
(C)
any teen messaging control described in subsection (c)(2).
Sec. 215. Reporting mechanism
(a) Reporting tools
A provider of a covered platform shall provide each of the following:
(1)
A readily accessible and easy-to-use means for a user of or visitor to the covered platform to submit a report to the covered platform of any harm to a minor related to the use of the covered platform.
(2)
An electronic point of contact specific to matters involving harms to a minor.
(3)
Confirmation of the receipt of any such report and, within the applicable time period described in subsection (b), a substantive response to the user or visitor who submitted the report.
(b) Timing
A covered platform shall establish an internal process to receive and substantively respond to a report submitted under subsection (a)(1) in a reasonable and timely manner, but in no case later than—
(1)
10 days after the date on which the report is received; or
(2)
if the report involves an imminent threat to the safety of a minor, the date that is as prompt as needed to address the reported threat to safety.
Sec. 216. Disclosure
(a) Notice
(1) Registration or purchase
Before any registration or purchase on a covered platform by a user of or visitor to the covered platform who the provider knows is a minor, the provider shall provide clear, conspicuous, and easy-to-understand notice with respect to each of the following:
(A)
The policies and practices of the covered platform with respect to safeguards for minors.
(B)
Information about how to access any safeguard described in section 214(a)(1), any parental tool described in section 214(b)(1), and any teen messaging control described in section 214(c)(2).
(2) Notification
(A) Notice and acknowledgment
In the case of a user of or visitor to a covered platform who the provider of the covered platform knows is a minor, the provider shall provide information about any safeguard described in section 214(a)(1) and any parental tool described in section 214(b)(1) to a parent of such user or visitor.
(B) Reasonable effort
A covered platform shall be deemed to have satisfied the requirement described in subparagraph (A) if the provider of the covered platform is in compliance with the requirements of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) to use reasonable efforts (taking into consideration commercially available technology) to provide a parent with the information required by paragraph (1)(B).
(b) Consolidated notices
For purposes of this section, a provider of a covered platform may consolidate the process for providing information required by this section with the obligations of the provider to provide relevant notice and obtain verifiable consent under the Children’s Online Privacy Protection Act of 1998.
Sec. 217. Advertising and marketing information and labels
A provider of a covered platform shall provide clear, conspicuous, and easy-to-understand labels and information, which may be provided through a link to another web page or disclosure, to a user of or visitor to the covered platform who the provider knows is a minor on advertisements regarding the disclosure of endorsements of products, services, or brands made for commercial consideration by other users of the covered platform.
Sec. 218. Advertising of illegal products to minors
A provider of a covered platform may not facilitate the advertising of narcotic drugs, cannabis products, tobacco products, gambling, or alcohol to a user of or visitor to the covered platform who the provider knows is a minor.
Sec. 219. Audit; report
(a) Audit required
Not later than 18 months after the date of the enactment of this subtitle, and annually thereafter, a provider of a covered platform shall ensure that an independent, third-party auditor conducts an independent, third-party audit of the covered platform.
(b) Audit specifications
(1) Criteria
In conducting an audit required by subsection (a), an independent, third-party auditor shall do the following:
(A)
Consider widely accepted or evidence-based approaches, best practices, frameworks, and methods related to any safeguard described in section 214(a)(1), any parental tool described in section 214(b)(1), and any teen messaging control described in section 214(c)(2).
(B)
Consider widely accepted or evidence-based approaches, best practices, frameworks, and methods related to identifying, preventing, and mitigating the harms to minors described in section 213(a).
(C)
Consult with parents (including parents with relevant experience), public health and mental health nonprofit organizations, health and development organizations, and experts in freedom of expression about methods to identify, prevent, and mitigate such harms.
(2) Contents
An audit required by subsection (a) shall include the following:
(A)
An assessment of the extent to which the relevant covered platform is likely to be accessed by minors, including with respect to any difference between children and teens.
(B)
An accounting of the following:
(i)
The number of users using such covered platform who the provider of such covered platform knows to be minors located in the United States.
(ii)
The median and mean amounts of time spent on such covered platform by such users during the year in which such audit is conducted.
(iii)
A description of the policies, practices, and procedures implemented to address the harms to minors described in section 213(a).
(iv)
The number of times that any safeguard described in section 214(a)(1) has been exercised during the year in which such audit is conducted.
(v)
The number of times that any parental tool described in section 214(b)(1) has been exercised during the year in which such audit is conducted.
(vi)
The number of times that any teen messaging control described in section 214(c)(2) has been exercised during the year in which such audit is conducted.
(vii)
The number of reports, categorized by types of harms to a minor, received by such covered platform through the reporting mechanism described in section 215(a)(1) during the year in which such audit is conducted.
(C)
A description of such safeguards for minors and parental tools that are available to minors and parents on such covered platform.
(D)
A description of how such covered platform handles reports received through such reporting mechanism, including the rate of response to such a report and the timeliness and substantiveness of any such response.
(E)
A description of whether, how, and for what purpose such covered platform collects or processes categories of personal information of minors.
(F)
If the covered platform has a process used to create, implement, or evaluate the impact of a design feature of the covered platform used by minors, a description of such process.
(3) Cooperation by covered platform
A provider of a covered platform shall facilitate an audit of the covered platform required by subsection (a) by doing the following:
(A)
Providing or otherwise making available to the independent, third-party auditor that conducts such audit any information or material in the possession, custody, or control of such covered platform relevant to such audit.
(B)
Providing or otherwise making available to such auditor access to any network, system, or asset relevant to such audit.
(C)
Disclosing any material fact to such auditor and not misrepresenting any material fact.
(c) Report to Commission
Not later than 30 days after the date on which an audit required by subsection (a) is completed, the provider of the relevant covered platform shall submit to the Commission the results of the audit.
(d) Public report
Not later than 45 days after the date on which an audit required by subsection (a) is completed, the provider of the relevant covered platform shall issue a public report that—
(1)
includes the information required by clauses (i), (ii), (iv), (v), and (vi) of subsection (b)(2)(B); and
(2)
notwithstanding paragraph (1), may include any other information required by this section.
Sec. 220. Rule of construction on age verification
Nothing in this subtitle may be construed to require the provider of a covered platform to implement an age gating or age verification functionality on the covered platform.
Sec. 221. Rule of construction on encryption
No requirement under this subtitle to restrict any feature for a user of a covered platform or to provide messaging controls for a direct messaging feature or ephemeral messaging feature of a covered platform may be construed to override any protection for an encrypted communication described in this subtitle and a provider of a covered platform shall adhere to any such requirement, to the maximum extent technically feasible, through means that do not compromise the integrity of strong encryption offered to any user of the covered platform.
Subtitle B Stop Profiling Youth and Kids
Sec. 231. Short title
This subtitle may be cited as the Stop Profiling Youth and Kids Act
or the SPY Kids Act
.
Sec. 232. Know; knows defined
The term know or knows means to have actual knowledge or to have acted in willful disregard.
Sec. 233. Market research
(a) Prohibition of research on minors
A provider of a covered platform may not, in the case of a user or visitor of the covered platform who the provider knows is a minor, conduct market or product-focused research on such user or visitor unless any such research is—
(1)
used solely to improve the privacy, security, transparency, or safety of the covered platform, including with respect to a design feature or any safeguard, setting, or tool offered to such user or visitor or a parent of such user or visitor; or
(2)
necessary for compliance with a Federal or State law.
(b) Rule of construction
Nothing in this subtitle may be construed to limit the processing of personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including through an independent measurement.
Sec. 234. Effective date
This subtitle shall take effect on the date that is 90 days after the date of the enactment of this Act.
Title III Social Gaming Platforms
Sec. 301. Short title
This title may be cited as the Safer Guarding of Adolescents from Malicious Interactions on Network Games Act
or the Safer GAMING Act
.
Sec. 302. Definitions
(a) Definitions
In this title:
(1) Covered communication tool
The term covered communication tool means a capability available to a user of an interactive online video game that allows for the exchange of verbal, written, or visual messages between such user and any other user of such interactive online video game.
(2) Covered user
The term covered user means a user of an interactive online video game if the online video game provider of such interactive online video game knows that such user is a minor.
(3) Interactive online video game
The term interactive online video game means a video game that—
(A)
connects to the internet; and
(B)
allows a user of such video game to communicate with other users of such video game.
(4) Know; knows
The term know or knows means know or should have known.
(5) Minor
The term minor means an individual under the age of 17 years.
(6) Online video game provider
The term online video game provider means a person engaged in the business of providing directly to a consumer over the internet or other online means a digital storefront, console network, mobile or cloud gaming platform, or similar means of digital distribution that offers access to an interactive online video game for use by the consumer.
(7) Video game
The term video game means a software program that—
(A)
receives and stores data or instructions generated by the user of such software program; and
(B)
processes such data or instructions to create an interactive game for such user to play on a computer, gaming system, console, mobile device, or other technological means.
Sec. 303. Safeguards requirements for online video game providers
(a) Communication safeguards
An online video game provider shall provide safeguards to a parent of a covered user of an interactive online video game of such online video game provider that allow the parent to limit communication between such covered user and any other user of such interactive online video game.
(b) Features
(1) In general
An online video game provider shall ensure that the safeguards required by subsection (a) meet the following requirements:
(A)
Be accessible and easy to use.
(B)
Be enabled by default on an account of a covered user of the interactive online video game of such online video game provider.
(C)
Be set to the most protective level of control by default on any such account.
(2) Protective level of control
For purposes of paragraph (1)(C), the term most protective level of control means the relevant safeguards—
(A)
are set to the most restrictive setting by default; and
(B)
may be set to a less restrictive setting only by a parent of a covered user.
(3) Other safeguards required
An online video game provider shall provide to a covered user and a parent of a covered user of an interactive online video game of the online video game provider readily accessible and easy-to-use safeguards to do the following:
(A)
Prevent a profile of such covered user or personal information connected to such covered user from being recommended or suggested to any other user of such interactive online video game who is not a minor.
(B)
Restrict purchases and financial transactions by such covered user.
(C)
Limit the amount of time spent by such covered user on such interactive online video game.
(c) Device controls
Nothing in this section may be construed to prohibit an online video game provider from making available to the parent of a covered user of an interactive online video game of the online video game provider a single user interface that permits such parent to do the following:
(1)
Set the level or scope of any covered communication tool with respect to multiple other users or categories of users or set the level or scope of multiple covered communication tools.
(2)
Control the safeguards required by this section.
(d) Notice to covered users
An online video game provider shall provide clear and conspicuous notice to a covered user of an interactive online video game of the online video game provider when the safeguards required by this section are in effect that describes the settings or safeguards that have been applied.
Title IV Artificial Intelligence Chatbots
Sec. 401. Short title
This title may be cited as the Safeguarding Adolescents From Exploitative BOTs Act
or the SAFE BOTs Act
.
Sec. 402. Definitions
In this title:
(1) Chatbot provider
(A) In general
The term chatbot provider means a person engaged in the business of providing a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means.
(B) Limitation
A person that provides a website, mobile application, or other online service that includes a chat function incidental to the primary purpose of such website, application, or service may not be treated as a chatbot provider solely on the basis of such incidental chat function.
(2) Covered user
The term covered user means a user of a chatbot if the provider of such chatbot knows that such user is a minor.
(3) Know; knows
The term know or knows means know or should have known.
Sec. 403. Certain statements prohibited
A chatbot provider may not provide to a covered user a chatbot that states to the covered user that the chatbot is a licensed professional (unless such statement is true).
Sec. 404. Disclosure required
(a) In general
A chatbot provider shall clearly and conspicuously disclose to each covered user of a chatbot of such chat provider a disclosure of the following:
(1)
The chatbot is an artificial intelligence system and not a natural person.
(2)
Resources for contacting a suicide and crisis intervention hotline.
(b) Timing
(1) AI system disclosure
A disclosure required by subsection (a)(1) shall be made—
(A)
at the initiation of the first interaction of a covered user with a chatbot; and
(B)
at any point at which, during an interaction between a covered user and a chatbot, the covered user prompts the chatbot about whether the chatbot is an artificial intelligence system.
(2) Crisis resources disclosure
A disclosure required by subsection (a)(2) shall be made at any point at which, during an interaction between a covered user and a chatbot, the covered user prompts the chatbot about suicide or suicidal ideation.
(c) Use of plain language
Any disclosure required by subsection (a) shall be made in a manner that is clear and age-appropriate using plain language such that the disclosure is reasonably understandable by a minor.
Sec. 405. Policies required
A chatbot provider shall establish, implement, and maintain reasonable policies, practices, and procedures—
(1)
to ensure that a chatbot of the chatbot provider advises a covered user of the chatbot to take a break from the chatbot at the point at which a continuous and uninterrupted interaction of such covered user with such chatbot has lasted for 3 hours; and
(2)
to address, with respect to covered users—
(A)
sexual exploitation and abuse;
(B)
the promotion of gambling that is restricted from or prohibited for minors by law; and
(C)
the promotion of the distribution, sale, or use of narcotic drugs, tobacco products, or alcohol that are restricted from or prohibited for minors by law.
Sec. 406. Rule of construction
Nothing in this title may be construed to require a chatbot provider to prevent or preclude any covered user of a chatbot of the chatbot provider from accessing resources and information regarding the prevention or mitigation of the harms described in section 405(2).
Title V Research, Education, and Best Practices for Protecting Minors Online
Subtitle A Research
Sec. 501. Definitions
In this subtitle:
(1) Fentanyl
The term fentanyl includes any fentanyl analogue and fentanyl-related substance.
(2) Fentanyl-related substance
The term fentanyl-related substance has the meaning given that term in subsection (e) of schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
(3) Relevant congressional committees
The term relevant congressional committees means—
(A)
the Committee on Energy and Commerce of the House of Representatives; and
(B)
the Committee on Commerce, Science, and Transportation of the Senate.
(4) Social media platform
The term social media platform—
(A)
means a public-facing website, internet application, or mobile internet application, including a social network or video sharing service—
(i)
that serves the public; and
(ii)
that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and
(B)
does not include—
(i)
a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation); or
(ii)
electronic mail.
Sec. 502. Exemption
Subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act
) does not apply to this subtitle.
Part 1 Safe Social Media Act
Sec. 511. Short title
This part may be cited as the Safe Social Media Act
.
Sec. 512. Report by Commission on social media use by minors
The Commission, in coordination with the Secretary of Health and Human Services (acting through the Assistant Secretary for Mental Health and Substance Use), shall do the following:
(1)
Conduct a study on social media platform use by minors, including with respect to the following:
(A)
What personal information is collected by social media platforms with respect to minors.
(B)
How such personal information is used by the algorithms of the social media platforms.
(C)
How such personal information is used with respect to targeted advertising.
(D)
How often minors use social media platforms daily.
(E)
Differences in use of social media platforms related to the age ranges of minors.
(F)
Mental health effects on minors linked to the use of social media platforms.
(G)
Potential harmful effects and benefits for minors from extended social media platform use.
(2)
Not later than 3 years after the date of the enactment of this Act, submit to the relevant congressional committees a report on the findings of the study conducted under paragraph (1), including any recommended policy changes based on such findings.
Part 2 No Fentanyl on Social Media Act
Sec. 513. Short title
This part may be cited as the No Fentanyl on Social Media Act
.
Sec. 514. Report on the ability of minors to access fentanyl through social media platforms
(a) Report required
Not later than 1 year after the date of the enactment of this Act, the Commission, in coordination with the Secretary of Health and Human Services (acting through the Commissioner of Food and Drugs), shall submit to the relevant congressional committees and publish on a website of the Commission a report on the ability of minors to access fentanyl, including through pressed pills, through social media platforms and that includes the following:
(1)
The prevalence and ability for minors to access fentanyl from drug sellers on social media platforms.
(2)
The impact of such prevalence and access on minors, including with respect to health risks and risks to physical safety.
(3)
How drug sellers use social media platforms to market, sell, deliver, distribute, dispense, and engage in other transactions related to the provision of fentanyl to minors.
(4)
How design features and other characteristics of social media platforms affect the ability of minors to access fentanyl.
(5)
Other measures taken by law enforcement, the medical community, and others to address the issues described in paragraphs (1) through (4).
(6)
Practices, policies, and other measures taken by social media platforms to address the ability of drug sellers to use social media platforms and the effectiveness of such practices, policies, and measures.
(7)
Recommendations for Congress to eliminate the prevalence and ability for minors to access fentanyl through social media platforms.
(b) Consultation required
In developing the report required by subsection (a), the Commission shall consult with any relevant agencies and stakeholders, including parents, social media platforms, law enforcement, medical professionals, and other relevant experts.
(c) Redaction permitted
In publishing the report required by subsection (a), the Commission, in consultation with the Attorney General, may redact any information relating to paragraph (3) or (5) of such subsection that may compromise any law enforcement tactic, strategy, or technique.
Part 3 Assessing Safety Tools for Parents and Minors Act
Sec. 515. Short title
This part may be cited as the Assessing Safety Tools for Parents and Minors Act
.
Sec. 516. Industry review and report
(a) Review
Not later than 6 months after the date of the enactment of this Act, the Commission, in consultation with industry, parents, individuals with expertise in communications technologies, parental controls, privacy, and mental health, and any other appropriate entities as determined by the Commission, shall—
(1)
initiate a review of industry efforts to promote online safety for minors through education, parental and child safety tools, age-appropriate labels for content, privacy and other safety settings, and any other relevant technologies or initiatives; and
(2)
examine the effectiveness of industry efforts identified under paragraph (1) to mitigate online harms for minors and provide recommendations for industry, Congress, and agencies to improve online safety for minors.
(b) Submission of report
Not later than 3 years after the date of the enactment of this Act, the Commission shall submit to the relevant congressional committees a report with any findings and recommendations resulting from the review and examination required by subsection (a).
Part 4 Study on chatbots and mental health of minors
Sec. 517. Study required
The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall conduct a 4-year longitudinal study to evaluate the risks and benefits of chatbots with respect to the mental health of minors, including with respect to loneliness, anxiety, social skill building, social isolation, depression, self-harm, and suicidal ideation.
Sec. 518. Consultation
In conducting the study required by section 517, the Secretary, acting through the Director, shall consult with the following:
(1)
The Director of the National Institute of Mental Health.
(2)
Pediatric mental health experts.
(3)
Technologists.
(4)
Ethicists.
(5)
Educators.
Sec. 519. Report
Not later than 4 years after the date of the enactment of this Act, the Secretary, acting through the Director, shall submit to the relevant congressional committees and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of the study required by section 517 and any related recommendations.
Subtitle B Education
Part 1 Promoting a Safe Internet for Minors Act
Sec. 521. Short title
This part may be cited as the Promoting a Safe Internet for Minors Act
.
Sec. 522. Online safety education for minors
(a) Amendment
Subtitle A of the Protecting Children in the 21st Century Act (15 U.S.C. 6551 et seq.) is amended—
(1)
by striking sections 211 through 214 and 216 and inserting the following:
211. Public awareness and educational campaign
Not later than 180 days after the date of the enactment of this section, the Commission, in partnership with the heads of other relevant agencies, State and local governments, nonprofit organizations, schools, industry, law enforcement, medical professionals, and other appropriate entities, shall carry out a program throughout the United States to promote the safe use of the internet by minors that includes the following:
(1)
The identification, promotion, and encouragement of best practices for educators, online platforms, minors, and parents and guardians to protect minors online.
(2)
The establishment and implementation of an outreach and education campaign throughout the United States that promotes online safety for minors.
(3)
The facilitation of access to, and the exchange of, information regarding online safety for minors to promote up-to-date knowledge regarding harms and risks negatively impacting or benefits positively impacting minors online.
(4)
The facilitation of access to publicly accessible online safety education and public awareness efforts by other relevant agencies, State and local governments, nonprofit organizations, schools, industry, and other appropriate entities.
212. Annual report
Not later than 1 year after the date of the enactment of this section, and annually thereafter for 10 years, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the program carried out under section 211.
213. Definitions
In this subtitle:
(1) Agency
The term agency has the meaning given that term in section 551 of title 5, United States Code.
(2) Commission
The term Commission means the Federal Trade Commission.
(3) Minor
The term minor means an individual under the age of 17.
(4) Nonprofit organization
The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.
(5) Online safety
The term online safety includes issues regarding the use of the internet in a manner that promotes safe online activity for minors through the following:
(A)
Protecting minors from cybercrimes, access to narcotics, tobacco products, gambling, alcohol, and other adult content.
(B)
Preventing compulsive behavior online and other adverse impacts on the physical and mental health of minors.
(C)
Facilitating the effective use of safeguards, parental controls, and other tools to empower parents, guardians, and minors to protect minors online.
(6) State
The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe.; and
(2)
by redesignating section 215 as section 214.
(b) Technical and conforming amendment
The table of contents of the Protecting Children in the 21st Century Act (15 U.S.C. 6551 et seq.) is amended by striking the items related to sections 211 through 216 and inserting the following:
Part 2 AI Warnings And Resources for Education (AWARE) Act
Sec. 523. Short title
This part may be cited as the AI Warnings And Resources for Education Act
or the AWARE Act
.
Sec. 524. Safe chatbot use for minors
(a) Educational resources
Not later than 1 year after the date of the enactment of this Act, the Commission, in consultation with relevant agencies, shall develop and make available to the public educational resources for parents, educators, and minors with respect to the safe and responsible use of chatbots by minors.
(b) Contents
The educational resources developed and made available under subsection (a) shall include resources on the following:
(1)
The risks and benefits of chatbot use.
(2)
Privacy and data collection practices.
(3)
Best practices for parents supporting the safe use of chatbots by minors.
(c) Youville
The Commission, in a manner appropriate for minors, shall model the educational resources developed and made available under subsection (a) on the Youville program of the Commission.
Subtitle C Partnerships and Best Practices
Sec. 525. Short title
This subtitle may be cited as the Kids Internet Safety Partnership Act
.
Sec. 526. Kids Internet Safety Partnership
(a) Establishment
Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish the Kids Internet Safety Partnership.
(b) Director
The Secretary shall appoint a Director to be the head of the Partnership.
(c) Duties
The duties of the Partnership shall be the following:
(1)
Coordinate with relevant agencies (including the Commission) and stakeholders to identify the following:
(A)
The risks for minors with respect to the use of websites, online services, online applications, and mobile applications.
(B)
The benefits for minors with respect to the use of websites, online services, online applications, and mobile applications.
(C)
Widely accepted or evidence-based best practices, taking into account minors of different ages, to—
(i)
address the risks identified under subparagraph (A); and
(ii)
preserve and enhance the benefits identified under subparagraph (B).
(2)
Not later than 1 year after the date on which the Partnership is established, and every 2 years thereafter, publish on a publicly available website a report that details—
(A)
the identifications made under paragraph (1); and
(B)
the efficacy and adoption by websites, online services, online applications, and mobile applications of—
(i)
safeguards for minors; and
(ii)
parental tools.
(3)
Not later than 2 years after the date on which the Partnership is established, publish on a publicly available website a playbook for providers and developers of websites, online services, online applications, and mobile applications to facilitate the implementation of widely accepted or evidence-based best practices that account for minors of different ages and address the risks identified under paragraph (1)(A) and preserve and enhance the benefits identified under paragraph (1)(B), including best practices with respect to the following:
(A)
Age verification, assurance, and estimation techniques.
(B)
Design features.
(C)
Parental tools.
(D)
Default privacy and account settings.
(E)
Reporting systems and tools.
(F)
Third-party safety software services.
(G)
Limitations and opt-outs related to personalized recommendation systems and chatbots.
(d) Stakeholders
In coordinating with stakeholders as required by subsection (c)(1), the Partnership shall coordinate with the following:
(1)
Academic experts with specific expertise with respect to the prevention of risks for minors online.
(2)
Researchers with specific expertise with respect to social media.
(3)
Parents and minors with demonstrated experience with respect to the safety of minors online.
(4)
Educators with demonstrated experience with respect to the safety of minors online.
(5)
Online platforms.
(6)
Experts in academia and civil society with specific expertise with respect to constitutional law, privacy, free expression, access to information, and civil liberties.
(7)
State attorneys general (or designees thereof who work in State or local government).
(e) Sunset
The Partnership shall terminate on the date that is 5 years after the date on which the Partnership is established.
(f) Definitions
In this section:
(1) Parental tool
The term parental tool—
(A)
means a tool that—
(i)
the provider of a website, online service, online application, or mobile application provides to a parent of a user who such provider knows is a minor; and
(ii)
the parent uses to support such user with respect to the use of the website, service, or application; and
(B)
includes a tool that allows a parent of a user who the provider of such a website, service, or application knows is a minor to—
(i)
view or change the privacy and account settings of such user;
(ii)
grant or withdraw verifiable consent;
(iii)
restrict the purchases and financial transactions of such user;
(iv)
view metrics of the total time spent on such website, service, or application by such user;
(v)
restrict time spent on such website, service, or application by such user;
(vi)
report illegal or harmful conduct on such website, service, or application with respect to which such user may be a victim; and
(vii)
limit or opt-out of personalized recommendation systems or chatbots.
(2) Partnership
The term Partnership means the Kids Internet Safety Partnership established under subsection (a).
(3) Secretary
The term Secretary means the Secretary of Commerce.
Title VI Kids Privacy Protections
Subtitle A COPPA 2.0
Sec. 601. Short title
This subtitle may be cited as the Children and Teens’ Online Privacy Protection Act
.
Sec. 602. Online collection, use, disclosure, and deletion of personal information of children and teens
(a) Definitions
Section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended—
(1)
by amending paragraph (1) to read as follows:
(1) Child
The term child means an individual under the age of 14.;
(2)
by amending paragraph (2) to read as follows:
(2) Operator
The term operator—
(A)
means any person—
(i)
who, for commercial purposes in interstate or foreign commerce, operates or provides a website on the internet, an online service, an online application, or a mobile application; and
(ii)
who—
(I)
collects or maintains, either directly or through a service provider, personal information from or about the users of that website, service, or application;
(II)
allows another person to collect personal information directly from users of that website, service, or application (in which case, the operator is deemed to have collected the information); or
(III)
allows users of that website, service, or application to publicly disclose personal information (in which case, the operator is deemed to have collected the information); and
(B)
does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45).;
(3)
in paragraph (4)—
(A)
by amending subparagraph (A) to read as follows:
(A)
the release of personal information collected from a child or teen by an operator for any purpose, except where the personal information is provided to a person other than an operator who—
(i)
provides support for the internal operations of the website, online service, online application, or mobile application of the operator, excluding any activity relating to individual-specific advertising to children or teens; and
(ii)
does not disclose or use that personal information for any other purpose; and; and
(B)
in subparagraph (B)—
(i)
by inserting or teen
after child
each place the term appears;
(ii)
by striking website or online service
and inserting website, online service, online application, or mobile application
; and
(iii)
by striking actual knowledge
and inserting knowledge
;
(4)
by amending paragraph (8) to read as follows:
(8) Personal information
(A) In general
The term personal information means individually identifiable information about an individual collected online, including—
(i)
a first and last name;
(ii)
a home or other physical address, including a street name and a name of a city or town;
(iii)
an e-mail address;
(iv)
a telephone number;
(v)
a Social Security number;
(vi)
any other identifier that the Commission determines permits the physical or online contacting of a specific individual;
(vii)
a persistent identifier that can be used to recognize a specific child or teen over time and across different websites, online services, online applications, or mobile applications, that—
(I)
includes—
(aa)
a customer number held in a cookie;
(bb)
an Internet Protocol (IP) address;
(cc)
a processor or device serial number; and
(dd)
a unique device identifier; and
(II)
excludes an identifier that is used by an operator solely for providing support for the internal operations of the website, online service, online application, or mobile application;
(viii)
a photograph, video, or audio file that contains the image or voice of a specific child or teen;
(ix)
geolocation information;
(x)
information generated from the measurement or technological processing of an the biological, physical, or physiological characteristics of an individual that is used to identify an individual, including—
(I)
fingerprints;
(II)
voice prints;
(III)
iris or retina imagery scans;
(IV)
facial templates;
(V)
deoxyribonucleic acid (DNA) information; and
(VI)
gait; and
(xi)
information linked or reasonably linkable to a child or teen or a parent of a child or teen (including any unique identifier) that an operator collects online from the child or teen and combines with an identifier described in this subparagraph.
(B) Exclusion
The term personal information does not include an audio file that contains the voice of a child or teen if the operator—
(i)
does not request information via voice that would otherwise be considered personal information under this paragraph;
(ii)
provides clear notice of its collection and use of the audio file and its deletion policy in its privacy policy;
(iii)
only uses the voice contained in the audio file as a replacement for written words to perform a task or otherwise engage with a website, online service, online application, or mobile application, including by performing a search and fulfilling a verbal instruction or request;
(iv)
only maintains the audio file during the period necessary to complete the relevant task or engagement;
(v)
does not make any other use of the audio file during such period; and
(vi)
deletes the audio file at the end of such period.
(C) Support for the internal operations of a website, online service, online application, or mobile application
(i) In general
For purposes of subparagraph (A)(vii), the term support for the internal operations of a website, online service, online application, or mobile application means the activities necessary to such website, service, or application to—
(I)
maintain or analyze functioning;
(II)
perform network communications;
(III)
authenticate users;
(IV)
personalize content;
(V)
serve contextual advertising to users (if any persistent identifier is only used as necessary for technical purposes to serve the contextual advertisement or cap the frequency of contextual advertising;
(VI)
protect the security or integrity of the user, website, online service, online application, or mobile application;
(VII)
ensure legal or regulatory compliance, or
(VIII)
fulfill a request of a child or teen under subparagraph (A), (B), or (C) of section 1303(b)(2).
(ii) Condition
Except as specifically permitted under clause (i), information collected through the activities described in clause (i) may not be used or disclosed to contact a specific individual (including through individual-specific advertising to children or teens), to amass a profile on a specific individual, in connection with processes that encourage or prompt use of a website or online service, or for any other purpose.;
(5)
by amending paragraph (9) to read as follows:
(9) Verifiable consent
The term verifiable consent means any reasonable effort (taking into consideration available technology) by an operator, including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child (in the case of a child) or a teen (in the case of a teen)—
(A)
receives direct notice of the collection, use, maintenance, and disclosure practices of the operator with respect to personal information; and
(B)
before the personal information of the child or teen is collected, freely and unambiguously authorizes—
(i)
the collection, use, maintenance, and disclosure, as applicable, of the personal information; and
(ii)
any subsequent use of the personal information.;
(6)
in paragraph (10)—
(A)
in the heading, by striking Website or online service directed to children
and inserting Website, online service, online application, or mobile application directed to children
;
(B)
in subparagraph (A)—
(i)
in the matter preceding clause (i), by striking website or online service directed to children
and inserting website, online service, online application, or mobile application directed to children
;
(ii)
in clause (i), by striking commercial website or online service
and inserting website, online service, online application, or mobile application
; and
(iii)
in clause (ii), by striking commercial website or online service
and inserting website, online service, online application, or mobile application
;
(C)
in subparagraph (B), by striking commercial website or online service
each place the term appears and inserting website, online service, online application, or mobile application
; and
(D)
by adding at the end the following new subparagraph:
(C) Rule of construction
In considering whether a website, online service, online application, or mobile application, or portion thereof, is directed to children, the Commission shall apply a totality of circumstances test and will also consider competent and reliable empirical evidence regarding audience composition and evidence regarding the intended audience of the website, online service, online application, or mobile application.; and
(7)
by adding at the end the following:
(13) Connected device
The term connected device means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device.
(14) Online application
The term online application—
(A)
means an internet-connected software program; and
(B)
includes a service or application offered via a connected device.
(15) Mobile application
The term mobile application—
(A)
means a software program that runs on the operating system of—
(i)
a cellular telephone;
(ii)
a tablet computer; or
(iii)
a similar portable computing device that transmits data over a wireless connection; and
(B)
includes a service or application offered via a connected device.
(16) Geolocation information
The term geolocation information means information sufficient to identify a street name and name of a city or town.
(17) Teen
The term teen means an individual who has attained the age of 14 and is under the age of 18.
(18) Individual-specific advertising to children or teens
(A) In general
The term individual-specific advertising to children or teens means advertising or any other effort to market a product or service that is directed to a specific child or teen or a connected device that is linked or reasonably linkable to a child or teen based on—
(i)
personal information of—
(I)
the child or teen; or
(II)
a group of children or teens who are similar in sex, age, household income level, race, or ethnicity to the specific child or teen to whom the product or service is marketed;
(ii)
profiling of such child or teen or group of children or teens; or
(iii)
a unique identifier of such connected device.
(B) Exclusions
The term individual-specific advertising to children or teens shall not include—
(i)
advertising or marketing to an individual or to a device of an individual in response to a specific request by the individual for information or feedback, such as a search query by a child or teen;
(ii)
contextual advertising, including if an advertisement is displayed based on the content of the website, online service, online application, mobile application, or connected device on which the advertisement appears and does not vary based on personal information of an individual who views the advertisement;
(iii)
processing personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including independent measurement; or
(iv)
advertising or marketing directed to a connected device used by both adult and child or teen members of a household, if such advertising or marketing is directed to a profile of an adult user.
(C) Rule of construction
Nothing in subparagraph (A) shall be construed to prohibit an operator with actual knowledge or an operator who should have known that a user is under the age of 18 from delivering advertising or marketing that is age-appropriate and intended for a child or teen audience, if the operator does not use any personal information other than whether the user is under the age of 18.
(19) Educational agency or institution
The term educational agency or institution means—
(A)
a State educational agency or a local educational agency (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); or
(B)
an institutional day or residential school, including a public school (including a charter school) or a private school, that provides elementary or secondary education, as determined under State law.
(20) Knowledge
The term knowledge means the operator has actual knowledge or should have known that a user is a child or teen.
(b) Online collection, use, disclosure, and deletion of personal information of children and teens
Section 1303 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended—
(1)
by striking the heading and inserting the following: Online collection, use, disclosure, and deletion of personal information of children and teens.
;
(2)
in subsection (a)—
(A)
by amending paragraph (1) to read as follows:
(1) In general
It is unlawful for an operator of a website, online service, online application, or mobile application directed to children or for any operator of a website, online service, online application, or mobile application with actual knowledge or any operator of a website, online service, online application, or mobile application who should have known that a user is a child or teen to do any of the following:
(A)
Collect personal information from a child or teen in a manner that violates the regulations promulgated under subsection (b).
(B)
Collect, use, disclose to third parties, or maintain personal information of a child or teen for purposes of individual-specific advertising to children or teens (or to allow another person to collect, use, disclose, or maintain such information for such purpose);
(C)
Otherwise collect the personal information of a child or teen, except if the collection of the personal information is—
(i)
consistent with the context of a particular transaction or service or the relationship of the child or teen with the operator, including any collection necessary to fulfill a transaction or provide a product or service requested by the child or teen; or
(ii)
authorized or required by Federal law (including a regulation promulgated under subsection (b)) or State law.
(D)
Store or transfer the personal information of a child or teen outside of the United States, unless the operator provides direct notice to a parent of the child (in the case of a child) or to the teen (in the case of a teen) of such storage or transfer.
(E)
Retain the personal information of a child or teen for longer than is reasonably necessary to fulfill a transaction or provide a service requested by the child or teen, except as authorized or required by Federal or State law.; and
(B)
in paragraph (2)—
(i)
in the heading, by striking parent
and inserting parent or teen
;
(ii)
by striking Notwithstanding paragraph (1)
and inserting Notwithstanding paragraph (1)(A)
;
(iii)
by striking of such a website or online service
; and
(iv)
by striking subsection (b)(1)(B)(iii) to the parent of a child
and inserting subsection (b)(1)(B)(iv) to a parent of a child or under subsection (b)(1)(C)(iv) to a teen
;
(3)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in subparagraph (A)—
(I)
in the matter preceding clause (i), by striking the operator of any website
and all that follows through from a child
and inserting an operator of a website, online service, online application, or mobile application directed to children or for any operator of a website, online service, online application, or mobile application with actual knowledge or any operator of a website, online service, online application, or mobile application who should have known that a user is a child or teen
;
(II)
in clause (i)—
(aa)
by striking notice on the website
and inserting clear and conspicuous notice on the website, service, or application
;
(bb)
by inserting or teens
after children
;
(cc)
by striking , and the operator’s disclosure practices
and inserting , the disclosure practices of the operator
; and
(dd)
by striking ; and
and inserting , the rights and opportunities available to a parent of a child or teen under subparagraphs (B) and (C), and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or teens (except as permitted by the regulations promulgated under this subsection);
;
(III)
in clause (ii)—
(aa)
by striking parental
;
(bb)
by inserting or teens
after children
;
(cc)
by striking the semicolon at the end and inserting ; and
; and
(IV)
by inserting after clause (ii) the following new clause:
(iii)
to obtain verifiable consent from a parent of a child (in the case of a child) or from a teen (in the case of a teen) before using or disclosing personal information of the child or teen for any purpose that is a material change from the original purposes and disclosure practices specified to the parent of the child or the teen under clause (i);;
(ii)
in subparagraph (B)—
(I)
in the matter preceding clause (i), by striking that website or online service
and inserting the operator
;
(II)
in clause (i), by striking that operator
and inserting the operator, the method by which the operator obtains the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information
;
(III)
in clause (ii)—
(aa)
by inserting to delete personal information collected from the child or content or information submitted by the child to a website, online service, online application, or mobile application and
after the opportunity at any time
; and
(bb)
by striking ; and
and inserting a semicolon;
(IV)
by redesignating clause (iii) as clause (iv) and inserting after clause (ii) the following new clause:
(iii)
the opportunity to challenge the accuracy of the personal information and, if the parent of the child establishes the inaccuracy of the personal information, to have the inaccurate personal information corrected;; and
(V)
in clause (iv), as so redesignated, by inserting , if such information is available to the operator at the time the parent makes the request
before the semicolon;
(iii)
by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;
(iv)
by inserting after subparagraph (B) the following new subparagraph:
(C)
require the operator to provide, upon the request of a teen who has provided personal information to the operator, upon proper identification of the teen—
(i)
a description of the specific types of personal information collected from the teen by the operator, the method by which the operator obtained the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information;
(ii)
the opportunity at any time to delete personal information collected from the teen or content or information submitted by the teen to a website, online service, online application, or mobile application and to refuse to permit the further use or maintenance in retrievable form, or online collection, of personal information from the teen by the operator;
(iii)
the opportunity to challenge the accuracy of the personal information and, if the teen establishes the inaccuracy of the personal information, to have the inaccurate personal information corrected; and
(iv)
a means that is reasonable under the circumstances for the teen to obtain any personal information collected from the teen, if such information is available to the operator at the time the teen makes the request;;
(v)
in subparagraph (D), as so redesignated—
(I)
by striking a child’s participation
and inserting the participation of a child or teen
; and
(II)
by inserting or teen
after the child
; and
(vi)
by amending subparagraph (E), as so redesignated, to read as follows:
(E)
require the operator—
(i)
to establish, implement, and maintain reasonable security practices to protect the confidentiality, integrity, and accessibility of personal information of children or teens collected by the operator; and
(ii)
to protect such personal information against unauthorized access.;
(B)
in paragraph (2)—
(i)
in the matter preceding subparagraph (A), by striking verifiable parental consent
and inserting verifiable consent
;
(ii)
in subparagraph (A)—
(I)
by inserting or teen
after collected from a child
;
(II)
by inserting or teen
after request from the child
; and
(III)
by inserting or teen or to contact another child or teen
after to recontact the child
;
(iii)
in subparagraph (B)—
(I)
by striking parent or child
and inserting parent or teen
; and
(II)
by striking parental consent
each place the term appears and inserting verifiable consent
;
(iv)
in subparagraph (C)—
(I)
in the matter preceding clause (i), by inserting or teen
after child
each place the term appears;
(II)
in clause (i)—
(aa)
by inserting or teen
after child
each place the term appears; and
(bb)
by inserting or teen, as applicable,
after parent
each place the term appears; and
(III)
in clause (ii)—
(aa)
by striking without notice to the parent
and inserting without notice to the parent or teen, as applicable,
; and
(bb)
by inserting or teen
after child
each place the term appears; and
(v)
in subparagraph (D)—
(I)
in the matter preceding clause (i), by inserting or teen
after child
each place the term appears;
(II)
in clause (ii), by inserting or teen
after child
; and
(III)
in the flush text following clause (iii)—
(aa)
by inserting or teen, as applicable,
after parent
each place the term appears; and
(bb)
by inserting or teen
after child
;
(C)
by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following new paragraph:
(3) Application to operators acting under agreements with educational agencies or institutions
The regulations may provide that verifiable consent under paragraph (1)(A)(ii) is not required for an operator that acts under a written agreement with an educational agency or institution that, at a minimum, requires the—
(A)
operator to—
(i)
limit the collection, use, and disclosure by the operator of the personal information from a child or teen to solely educational purposes and for no other commercial purposes;
(ii)
provide the educational agency or institution with a notice of the specific types of personal information the operator will collect from the child or teen, the method by which the operator will obtain the personal information, and the purposes for which the operator will collect, use, disclose, and retain the personal information;
(iii)
provide to the educational agency or institution a link regarding the disclosure practices of the operator described in subsection (b)(1)(A)(i); and
(iv)
provide the educational agency or institution, upon request, with a means to review the personal information collected from a child or teen, to prevent further use or maintenance or future collection of personal information from a child or teen, and to delete personal information collected from a child or teen or content or information submitted by a child or teen to website, online service, online application, or mobile application of the operator;
(B)
representative of the educational agency or institution to acknowledge and agree that the representative has authority to authorize the collection, use, and disclosure of personal information from children or teens on behalf of the educational agency or institution, along with such authorization, the name of the representative, and the title of the representative at the educational agency or institution; and
(C)
educational agency or institution to—
(i)
provide on a website of the educational agency or institution a notice that identifies the operator with which the educational agency or institution has entered into a written agreement under this subsection and provides the link described in subparagraph (A)(iii);
(ii)
upon request, provide the notice described in subparagraph (A)(ii) to a parent (in the case of a child) or a parent or teen (in the case of a teen); and
(iii)
upon the request of such a parent or teen, request the operator provide a means to review the personal information of such a child or teen and provide the parent or teen a means to review the personal information.;
(D)
by amending paragraph (4), as so redesignated, to read as follows:
(4) Termination of service
The regulations shall permit the operator of a website, online service, online application, or mobile application to terminate service provided to a child for whom a parent has refused or a teen who has refused (under the regulations promulgated under paragraphs (1)(B)(ii) and (1)(C)(ii), respectively) to permit the operator any further use or maintenance, in retrievable form or future online collection, of personal information from the child or teen.; and
(E)
by adding at the end the following new paragraphs:
(5) Continuation of service
The regulations shall prohibit an operator from discontinuing service provided to a child or teen on the basis of a request by a parent of the child or by the teen (under the regulations promulgated under subparagraph (B) or (C) of paragraph (1), respectively) to delete personal information collected from the child or teen, to the extent that the operator is capable of providing such service without such personal information.
(6) Rule of construction
A request to delete or correct personal information of a child or teen (under the regulations promulgated under subparagraph (B) or (C) of paragraph (1), respectively) may not be construed to do any of the following:
(A)
Limit the authority of a law enforcement agency to obtain any content or information from an operator pursuant to a lawfully executed warrant or an order of a court of competent jurisdiction.
(B)
Require an operator or third party to delete or correct information that—
(i)
any other provision of Federal or State law requires the operator or third party to maintain; or
(ii)
was submitted to the website, online service, online application, or mobile application of the operator by any person other than the user who is attempting to erase or otherwise eliminate the content or information, including content or information submitted by the user that was republished or resubmitted by another person.
(C)
Prohibit an operator from doing any of the following:
(i)
Retaining a record of the deletion request and the minimum information necessary for the purposes of ensuring compliance with a request made pursuant to subparagraph (B) or (C) of paragraph (1).
(ii)
Preventing, detecting, protecting against, or responding to any security incident, identity theft, or fraud, or reporting a person responsible for any such action.
(iii)
Protecting the integrity or security of a website, online service, online application or mobile application.
(iv)
Ensuring that any such personal information remains deleted.
(7) Common verifiable consent mechanism
(A) In general
(i) Feasibility of mechanism
The Commission, with notice and public comment, shall assess the feasibility of allowing operators the option to use a common verifiable consent mechanism that fully meets the requirements of this title.
(ii) Requirements
The feasibility assessment required by clause (i) shall consider whether a single operator could use a common verifiable consent mechanism to obtain the verifiable consent required by this title from a parent of a child or from a teen on behalf of multiple listed operators that provide a joint or related service.
(B) Report
Not later than 1 year after the date of the enactment of this paragraph, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report with the findings of the feasibility assessment required by subparagraph (A)(i).
(C) Regulations
If the Commission finds that the use of a common verifiable consent mechanism is feasible and would meet the requirements of this title, the Commission shall issue regulations to permit the use of a common verifiable consent mechanism in accordance with the findings outlined in such report.; and
(4)
in subsection (c), by striking a regulation prescribed under subsection (a)
and inserting subparagraph (B), (C), (D), or (E) of subsection (a)(1) or of a regulation promulgated under subsection (b)
.
(c) Safe harbors
Section 1304 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6503) is amended—
(1)
in subsection (b)(1), by inserting and teens
after children
; and
(2)
by adding at the end the following:
(d) Publication
(1) In general
Except as provided in paragraph (2), the Commission shall publish on the internet website of the Commission any report or documentation required by regulation to be submitted to the Commission to carry out this title.
(2) Restrictions on publication
Notwithstanding the publication requirement described in paragraph (1), the restrictions described in sections 6(f) and section 21 of the Federal Trade Commission Act (15 U.S.C. 46(f); 57b–2) applicable to the disclosure of information obtained by the Commission shall apply in the same manner to any publication under paragraph (1).
(d) Actions by States
Section 1305 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6504) is amended—
(1)
in subsection (a)(1)—
(A)
in the matter preceding subparagraph (A), by inserting section 1303(a)(1) or
before any regulation
; and
(B)
in subparagraph (B), by inserting section 1303(a)(1) or
before the regulation
; and
(2)
in subsection (d)—
(A)
by inserting section 1303(a)(1) or
before any regulation
; and
(B)
by inserting section 1303(a)(1) or
before that regulation
.
(e) Administration and applicability of Act
Section 1306 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6505) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1), by striking , in the case of
and all that follows through the Board of Directors of the Federal Deposit Insurance Corporation;
and inserting the following: by the appropriate Federal banking agency with respect to any insured depository institution (as such terms are defined in section 3 of such Act (12 U.S.C. 1813));
; and
(B)
by striking paragraph (2); and
(C)
by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively;
(2)
in subsection (d)—
(A)
by striking a rule of the Commission under section 1303
and inserting section 1303(a)(1) or a regulation promulgated under section 1303(b)
; and
(B)
by striking such rule
and inserting such section or such a regulation
; and
(3)
by adding at the end the following new subsections:
(f) Rule of construction on age verification
Nothing in this title may be construed to require an operator to implement an age gating or age verification functionality on a website, online service, online application, or mobile application of the operator.
(g) Additional requirement
Any regulation promulgated under this title shall include a description and analysis of the impact of proposed and final rules on small entities under chapter 6 of title 5, United States Code (commonly known as the
Regulatory Flexibility Act).
Sec. 603. Study and reports of mobile and online application oversight and enforcement
(a) Oversight report
Not later than 3 years after the date of the enactment of this subtitle, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the processes of platforms that offer mobile and online applications for ensuring that, of those applications that are websites, online services, online applications, or mobile applications directed to children, the applications operate in accordance with—
(1)
this subtitle, the amendments made by this subtitle, and regulations promulgated under this subtitle; and
(2)
any regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices with respect to marketing.
(b) Enforcement report
Not later than 1 year after the date of the enactment of this subtitle, and annually thereafter, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that addresses the following:
(1)
The number of actions brought by the Commission during the reporting year to enforce the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) (referred to in this subsection as the Act
) and the outcome of each such action.
(2)
The total number of investigations or inquiries into potential violations of the Act during the reporting year.
(3)
The total number of open investigations or inquiries into potential violations of the Act as of the date on which the report is submitted.
(4)
The number and nature of complaints received by the Commission relating to an allegation of a violation of the Act during the reporting year.
(5)
Policy or legislative recommendations to strengthen online protections for children and teens.
Sec. 604. GAO study
(a) Study
The Comptroller General of the United States shall conduct a study on the privacy and mental health of teens who use financial technology products that shall do the following:
(1)
Identify the type of financial technology products that teens use.
(2)
Identify the potential risks to the privacy and mental health of teens that may result from the use of such financial technology products.
(3)
Determine whether existing laws are sufficient to address any such risks.
(b) Report
Not later than 1 year after the date of the enactment of this section, the Comptroller General shall submit to Congress a report that details the results of the study conducted under subsection (a) and recommendations for any legislative or administrative action as the Comptroller General determines appropriate.
Sec. 605. Severability
If any provision of this subtitle, or any amendment made by this subtitle, is determined to be unenforceable or invalid, the remaining provisions of and amendments made by this subtitle shall not be affected.
Subtitle B Data Broker Disclosures
Sec. 611. Definitions
In this subtitle:
(1) Covered data broker
(A) In general
The term covered data broker means an entity that, for valuable consideration, sells, licenses, rents, trades, transfers, releases, discloses, provides access to, or otherwise makes available to another entity personal data of an individual the data brokers knows is a minor that the entity did not collect directly from such individual to another entity that is not acting as a service provider.
(B) Exception
The term covered data broker does not include an entity to the extent that the entity does any of the following:
(i)
Transmits personal data of an individual, including any communication of such individual, at the request or direction of such individual.
(ii)
Provides, maintains, or offers a product or service with respect to which personal data, or access to such data, is not the product or service.
(iii)
Reports or publishes news or information that concerns local, national, or international events or other matters of public interest.
(iv)
Acts as a service provider.
(2) Knows
The term knows means to have actual knowledge or willful disregard.
(3) Minor
The term minor means an individual under the age of 18 years.
(4) Personal data
The term personal data has the meaning given the term personal information in section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501) (as amended by section 602(a)(4) of this Act).
(5) Service provider
The term service provider means an entity that—
(A)
collects, processes, or transfers personal data on behalf of and at the direction of—
(i)
the minor to whom such information pertains;
(ii)
a parent of such a minor;
(iii)
a Federal, State, or local government entity; or
(iv)
an entity acting as a covered data broker or another service provider; and
(B)
receives data from or on behalf of an individual or entity described in subparagraph (A).
Sec. 612. Registration requirement
(a) Data broker registration
Not later than 12 months after the date of the enactment of this subtitle, and annually thereafter, a covered data broker shall register with the Commission by paying the registration fee set by the Commission under subsection (c) and by filing a registration statement that includes the following information:
(1)
The legal name of the covered data broker.
(2)
A contact person and the primary physical address, human-monitored email address, human-monitored telephone number, and website address for the covered data broker.
(3)
A description of each category of personal data sold by the covered data broker.
(4)
A statement of whether the covered data broker implements a purchaser credentialing process.
(5)
A description of any incident of unauthorized access to personal data that the covered data broker has reported to a Federal or State governmental entity pursuant to an applicable law, rule, or regulation during the year before the year in which the registration is filed and, if known, the total number of consumers affected by each previously reported incident of such unauthorized access.
(b) Data broker registry
Not later than 18 months after the date of the enactment of this subtitle, the Commission shall establish and maintain on a publicly available website of the Commission a searchable, central registry of covered data brokers registered under subsection (a) that includes—
(1)
a search feature that allows members of the public to search for and identify covered data brokers; and
(2)
for each covered data broker, the information required by paragraphs (1) through (5) of subsection (a).
(c) Annual registration fee
The Commission may charge a covered data broker an annual registration fee of at least $22,500 (as adjusted on January 1 each year by the percentage increase (if any), during the preceding 12-month period, in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics).
Sec. 613. Rule of construction
Compliance with this subtitle shall not relieve a covered data broker of an obligation to register with any State covered data broker registry.
Title VII General Provisions
Sec. 701. Enforcement
(a) Enforcement by Commission
(1) Unfair or deceptive acts or practices
A violation of this Act shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of Commission
The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act, and any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
(3) Authority preserved
Nothing in this title may be construed to limit the authority of the Commission under any other provision of law.
(b) Actions by States
(1) In general
In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to—
(A)
enjoin such act or practice;
(B)
enforce compliance with this Act;
(C)
obtain damages, restitution, or other compensation on behalf of residents of the State; or
(D)
obtain such other legal and equitable relief as the court may consider to be appropriate.
(2) Notice
Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action.
(3) Authority of Commission
(A) In general
On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right—
(i)
to intervene in the action;
(ii)
upon so intervening—
(I)
to be heard on all matters arising therein; and
(II)
to file petitions for appeal.
(B) Limitation on State action while Federal action is pending
If the Commission or the Attorney General of the United States has instituted a civil action for violation of this Act (referred to in this subparagraph as the Federal action
), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of this Act alleged in such complaint.
(4) Rule of construction
For purposes of bringing a civil action under this subsection, nothing in this Act may be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.
Sec. 702. Judicial review
The United States District Court for the District of Columbia shall have exclusive jurisdiction over any challenge to the constitutionality of this Act or the constitutionality of any action, finding, or determination under this Act.
Sec. 703. Rules of construction
Nothing in this Act may be construed to do any of the following:
(1)
Allow a governmental entity to enforce this Act based on a viewpoint expressed by or through any speech, expression, or information protected by the First Amendment to the Constitution of the United States.
(2)
Prevent—
(A)
the taking of reasonable measures to block or filter spam, prevent criminal activity, or protect the security of a platform or service; or
(B)
compliance with the duties and reporting requirements set forth in 18 U.S.C. 2258A.
(3)
Require the disclosure of the browsing behavior, search history, messages, contact list, or other content or metadata of the communications of a minor.
(4)
Limit or impair the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) or any rule or regulation promulgated under such Act.
(5)
Expand, limit the scope of, or alter the meaning of section 230 of the Communications Act of 1934 (47 U.S.C. 230).
(6)
Restrict the ability to do any of the following:
(A)
Cooperate with a law enforcement agency regarding activity reasonably and in good faith believed to violate a Federal, State, or local law, rule, or regulation.
(B)
Comply with a lawful civil, criminal, or regulatory inquiry, subpoena, or summons from a Federal, State, local, or other governmental authority.
(C)
Investigate, establish, exercise, respond to, or defend against a legal claim.
(D)
Prevent, detect, or respond to a security incident, identity theft, fraud, harassment, or any other malicious, deceptive, or illegal activity.
(E)
Investigate or report a person responsible for an activity described in subparagraph (D).
(7)
Decrypt or ensure an ability to decrypt an encrypted communication of a user.
(8)
Preclude the use of any form of encryption, including end-to-end encryption, for any communication of a user.
(9)
Require indefinite retention of data of a user.
(10)
Require the affirmative collection of any personal information with respect to age that is not already collected in the normal course of business.
Sec. 704. Relationship to State laws
(a) In general
The provisions of this Act shall preempt any law, rule, requirement, or regulation of a State, or a political subdivision of a State, only to the extent that such law, rule, requirement, or regulation conflicts with a provision of this Act.
(b) Exception
Notwithstanding subsection (a), nothing in this Act may be construed—
(1)
to preempt any law, rule, requirement, or regulation of a State, or political subdivision of a State, with respect to contract, tort, or product liability; or
(2)
to prohibit a State, or a political subdivision of a State, from enacting or enforcing any law, rule, requirement, or regulation that provides greater protection to minors than the protection provided by the provisions of this Act.
(c) Children’s Online Privacy Protection Act
Section 1303 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended by striking subsection (d) and inserting the following:
(d) Relationship to State law
(1) In general
The provisions of this title shall preempt any law, rule, requirement, or regulation of a State, or a political subdivision of a State, only to the extent that such law, rule, requirement, or regulation conflicts with a provision of this title.
(2) Exception
Notwithstanding paragraph (1), nothing in this title may be construed—
(A)
to preempt any law, rule, requirement, or regulation of a State, or political subdivision of a State, with respect to contract, tort, or product liability; or
(B)
to prohibit a State, or a political subdivision of a State, from enacting or enforcing any law, rule, requirement, or regulation that provides greater protection to minors than the protection provided by the provisions of this title.
Sec. 705. Severability
If any provision of this Act or the application of this Act to any person or circumstance is held to be unconstitutional, the remaining provisions of this Act and the application of this Act to other persons or circumstances shall not be affected.
Sec. 706. Effective date
Except as otherwise provided in this Act, this Act shall take effect on the date that is 1 year after the date of the enactment of this Act.