,i  #aagth ,,congress  #ast ,session    
,h4 ,r4 #edci  ,,in ,,the ,,house ,,of  
,,representatives  ,september #cj1      
#bjba,ms4 ,castor of ,florida 7for      
herself1 ,ms4 ,clarke of ,new ,york1    
,ms4 ,wexton1 and ,mrs4 ,trahan7        
introduced the following bill2 which was
 referred to the ,committee on ,energy  
and ,commerce  ,a ,,bill  ,to keep      
children safe and protect their         
interests on the internet1 and for other
 purposes4  #a4 ,short title ,this ,act 
may be cited as the ,kids ,internet     
,design and ,safety ,act or the ,,kids  
,act4  #b4 ,findings ,congress finds the
 following3 7#a7 ,children increasingly 
consume digital entertainment on the    
internet and are uniquely susceptible to
 manipulation online1 given their lack  
of important neurological and           
psychological capabilities which are    
developed later in adulthood4  7#b7     
,today's digital media environment1     
which is constantly evolving and now    
includes high-tech experiences1 such as 

augmented reality and virtual reality1  
is largely designed in non-transparent  
ways to ensure children interact with   
content that reflect the interests and  
goals of content producers1 online      
platforms1 and marketers4  7#c7         
,artificial intelligence1 machine       
learning1 and other complex systems are 
used to make continuous decisions about 
how online content for children can be  
personalized to increase engagement4    
7#d7 ,online companies gather1 analyze1 
and use data for behavioral marketing   
directed at children4  7#e7 ,companies  
employ sophisticated strategies1        
including neuromarketing1 to affect     
consumer behavior and manipulate online 
users' decision making4  7#f7 ,branded  
content in various forms of multimedia1 
including native advertising and        
influencer marketing1 exposes children  
to marketing that is inherently         
manipulative or purposely disguised as  
entertainment or other information4  #c4
 ,definitions  7a7 ,in general ,in this 

,act3 7#a7 ,algorithmic process ,the    
term algorithmic process means a        
computational process1 including one    
derived from machine learning or other  
artificial intelligence techniques1 that
 processes personal information or other
 data for the purpose of determining the
 order or manner that a set of          
information is provided to a user of an 
online platform1 including the provision
 of commercial content1 the display of  
social media posts1 or any other method 
of automated decision making1 content   
selection1 content recommendation1 or   
content amplification4  7#b7 ,commission
 ,the term ,commission means the        
,federal ,trade ,commission4  7#c7      
,constructive knowledge  7,a7 ,in       
general ,the term constructive knowledge
 means1 for purposes of section #d1 with
 respect to knowledge that a user of an 
online platform is a covered user1      
knowledge that is imputed to the        
operator of the online platform if-- 7i7
 the operator directly or indirectly    

collects1 uses1 profiles1 buys1 sells1  
classifies1 or analyzes 7using an       
algorithmic process or other form of    
data analytics7 data about the user to  
estimate1 identify1 or classify the age1
 age range1 or proxy thereof2  7ii7 the 
operator has or receives data or        
reporting related to the age of the user
 on the online platform under the       
self-regulatory guidelines described in 
section #acjd of the ,children's ,online
 ,privacy ,protection ,act of #aiih 7#ae
 ,u4,s4,c4 #fejc7 that documents risks  
and controls1 including the existence of
 operator-controlled data analytics and 
content analytics capabilities and      
functions or outputs2  7iii7 the        
operator has or receives complaints from
 parents or other third parties about   
the age of the user1 whether through the
 operator's complaint mechanism1 by     
email1 or other means conveniently      
accessible by such parents or third     
parties2  7iv7 the operator has or      
receives data or reporting or           

information from the operator's internal
 communications1 including documentation
 about its advertising practices1 such  
as an advertisement insertion order1 or 
other promotional material to marketers1
 that indicates that data is being      
collected from the user because the user
 is within a particular age range2 or   
7v7 the operator knows that-- 7,i7 a    
provider of content on the platform     
communicates to an advertising network  
that the content is intended for users  
of a particular age range or likely to  
appeal to users of a particular age     
range1 whether directly or indirectly2  
and  7,,ii7 the user is shown that      
content4  7,b7 ,additional factors ,the 
,commission may issue guidance or       
promulgate rules in accordance with     
section #eec of title #e1 ,united       
,states ,code1 that indicate factors1 in
 addition to those described in         
subparagraph 7,a71 that should be       
considered to be constructive knowledge 
for purposes of this ,act4  7#d7        

,covered user ,the term covered user    
means an individual under the age of    
#af4  7#e7 ,directed to children ,the   
term directed to children means the     
targeting of covered users by an online 
platform or portion of an online        
platform1 as demonstrated by1 with      
respect to such platform or portion of a
 platform-- 7,a7 its subject matter2    
7,b7 its visual content2  7,c7 the use  
of animated characters or child-oriented
 activities for children and related    
incentives2  7,d7 music or other audio  
content2  7,e7 the age of models used2  
7,f7 the presence of-- 7i7 child        
celebrities2 or  7ii7 celebrities who   
appeal to covered users2  7,g7 the      
language used2  7,h7 advertising content
 used on1 or used to advertise1 such    
platform2 or  7,i7 reliable empirical   
evidence relating to-- 7i7 the          
composition of the audience of such     
platform2 and  7ii7 the intended        
audience of such platform4  7#f7        
,host-selling ,the term host-selling    

refers to commercial video content that 
features the same characters or         
individuals as in the adjacent          
noncommercial content4  7#g7 ,influencer
 marketing ,the term influencer         
marketing means a tactic by which a     
company compensates individuals who are 
deemed to have the potential to review1 
promote1 or sell a product or service   
online to an intended target audience4  
7#h7 ,online platform ,the term online  
platform means any public-facing        
website1 online service1 online         
application1 or mobile application which
 is operated for commercial purposes4   
7#i7 ,operator ,the term operator means 
any person who1 for commercial purposes1
 in interstate or foreign commerce1     
operates or provides an online platform4
  7#aj7 ,person ,the term person means  
any individual1 partnership1            
corporation1 trust1 estate1 cooperative1
 association1 or other entity4  #d4     
,regulation of acts and practices on    
child-directed platforms  7a7           

,prohibition on certain interface       
elements  7#a7 ,in general  7,a7        
,prohibition ,it is unlawful for an     
operator to operate or provide-- 7i7 an 
online platform or a portion of an      
online platform directed to children    
that incorporates an interface element  
described in subparagraph 7,b72 and     
7ii7 any online platform that employs an
 interface element described in         
subparagraph 7,b7 with respect to a user
 if the operator has actual or          
constructive knowledge that the user is 
a covered user4  7,b7 ,interface        
elements described ,the interface       
elements described in this subparagraph 
are the following3 7i7 ,any auto-play   
setting that1 without input from the    
covered user1 commences additional video
 content directly following the video   
content initially selected by the user4 
7ii7 ,messages or alerts that encourage 
a covered user who is not actively using
 the platform to engage with the        
platform4  7iii7 ,displaying the        

quantity of positive engagement or      
feedback that a covered user has        
received from other users4  7iv7 ,any   
interface element or setting that       
unfairly encourages a covered user1 due 
to their age or inexperience1 to share  
personal information1 submit content1 or
 spend more time engaging with the      
platform4  7v7 ,any interface element   
that provides a covered user with badges
 or other visual award symbols based on 
elevated levels of engagement with the  
platform4  7vi7 ,any interface element  
that maximizes a covered user's spending
 on the platform1 unfairly encourages a 
covered user to spend money on the      
platform1 facilitates a financial       
transaction by a covered user on the    
platform without notification to the    
covered user's parent1 or facilitates a 
financial transaction by a covered user 
on the platform that is not in the      
interest of the covered user4  7#b7     
,rulemaking ,not later than #a year     
after the date of enactment of this ,act

 and not less frequently than every #e  
years thereafter1 the ,commission shall 
promulgate regulations under section    
#eec of title #e1 ,united ,states ,code1
 that establish any additions or        
exceptions to the prohibitions under    
paragraph 7#a74 ,the ,commission may    
only establish such an exception on the 
basis that the exception is necessary to
 provide essential functionality for an 
online platform and is consistent with  
the best interests of covered users4    
7b7 ,prohibition on amplification of    
certain content2 user reporting         
mechanism  7#a7 ,in general ,it shall be
 unlawful for an operator to operate or 
provide-- 7,a7 an online platform or    
portion of an online platform directed  
to children that employs an algorithmic 
process described in paragraph 7#b7 on  
the platform2  7,b7 any online platform 
that employs an algorithmic process     
described in paragraph 7#b7 with respect
 to a user of the platform if the       
operator of the platform has actual or  

constructive knowledge that the user is 
a covered user2 and  7,c7 an online     
platform that does not include a        
mechanism for users or other third      
parties to report suspected violations  
of any requirement of this paragraph4   
7#b7 ,algorithmic process described ,an 
algorithmic process described in this   
paragraph is an algorithmic process that
 amplifies1 promotes1 or encourages     
covered users' consumption of videos and
 other forms of content that-- 7,a7 are 
of a non-educational nature 7as         
determined by the ,commission72 and     
7,b7 involve-- 7i7 sexual material2     
7ii7 promotion of physical or emotional 
violence or activities that can         
reasonably be assumed to result in      
physical or emotional harm1 including   
self-harm1 use of weapons1 and bullying2
  7iii7 activities that are unlawful for
 covered users to engage in or the      
promotion of such activities2 or  7iv7  
wholly commercial content that is not   
reasonably recognizable as such to a    

covered user4  7c7 ,prohibition on      
certain advertising methods  7#a7 ,in   
general ,it shall be unlawful for an    
online operator to operate or provide-- 
7,a7 an online platform or portion of an
 online platform directed to children   
that employs an algorithmic process to  
present any of the content described in 
paragraph 7#b7 to users of the platform2
 and  7,b7 any online platform that     
employs an algorithmic process to       
present any of the content described in 
paragraph 7#b7 to a covered user if the 
operator of the platform has actual or  
constructive knowledge that the user is 
a covered user4  7#b7 ,content described
 ,the content described in this         
paragraph is the following3 7,a7        
,content that includes host-selling4    
7,b7 ,program-length advertisements4    
7,c7 ,influencer marketing4  7,d7       
,online advertising or material with    
considerable commercial content         
involving alcohol1 nicotine1 or tobacco4
  7,e7 ,online advertising or material  

with considerable commercial content    
with any imbedded interactive elements  
that take advantage of covered users'   
inexperience or credulity in            
noncommercial child-directed content4   
7,f7 ,content that includes product     
placement4  7#c7 ,program-length        
advertisement ,for purposes of this     
subsection1 the term program-length     
advertisement shall be defined by the   
,commission through regulation or other 
public guidance4  7d7 ,prohibition on   
use of personal information ,it shall be
 unlawful for an online platform to use 
age verification information collected  
from a covered user for any commercial  
purpose if-- 7#a7 the online platform is
 directed to children2 or  7#b7 the     
operator of the online platform has     
constructive knowledge that the user is 
a covered user4  7e7 ,requirement ,to   
distinguish commercial content from     
noncommercial content ,the ,commission  
shall promulgate regulations in         
accordance with section #eec of title   

#e1 ,united ,states ,code1 to require   
any online platform or portion of an    
online platform that is directed to     
children1 or with respect to which the  
operator of the platform or portion of  
the platform has constructive knowledge 
that covered users use the platform or  
portion of the platform1 to incorporate 
online visual elements or other         
indicators that distinguish commercial  
content from noncommercial content4  7f7
 ,rulemaking ,the ,commission shall     
promulgate1 in accordance with section  
#eec of title #e1 ,united ,states ,code1
 such rules as may be necessary to carry
 out this section4  7g7 ,effective date 
,the requirements of this section shall 
apply to online platforms beginning on  
the date that is #a year after the date 
of enactment of this ,act4  #e4 ,online 
content labeling  7a7 ,content labeling 
system report ,not later than the date  
that is #a year after the date of       
enactment of this ,act1 the ,commission 
shall submit to ,congress a report--    

7#a7 containing recommendations for a   
labeling system to allow covered users  
and parents to identify noncommercial1  
educational1 and enriching content for  
covered users online2 and  7#b7         
addressing considerations regarding how 
such labeling system should-- 7,a7      
analyze content based on evidence-based 
criteria2  7,b7 employ an               
easy-to-understand visual cue for       
parents to identify content described in
 paragraph 7#a72  7,c7 receive regular  
review to determine its effectiveness2  
and  7,d7 include a mechanism for users 
to report to the ,commission complaints 
of mislabeled content and for the       
,commission to remedy such instances of 
mislabeled content4  7b7 ,consultation  
,the report described in subsection 7a7 
shall be developed by the ,commission in
 consultation with an advisory board1 to
 be created and convened by the         
,commission1 which is comprised of      
experts in child development1 child     
health1 education1 and media4  #f4      

,transparency and auditing  7a7         
,transparency ,the ,commission shall    
promulgate regulations in accordance    
with section #eec of title #e1 ,united  
,states ,code1 requiring an operator of 
an online platform which is directed to 
children to publish and maintain a      
publicly accessible digital record of   
the viewable or playable content of each
 such platform4 ,such regulations shall 
require the operator to ensure that such
 record does not include personal       
information 7as defined in section #acjb
 of the ,children's ,online ,privacy    
,protection ,act of #aiih 7#ae ,u4,s4,c4
 #feja77 or1 as appropriate1            
user-generated content4  7b7 ,annual    
platform audits ,the regulations        
promulgated pursuant to subsection 7a7  
shall include the establishment of an   
annual audit process1 to be conducted by
 the ,commission during the #e-year     
period subsequent to the date of        
enactment of this ,act1 for each of the 
#be online platforms directed to        

children with the highest total number  
of covered users1 to evaluate the level 
of compliance by each such platform with
 the requirements under this ,act4  7c7 
,report ,the ,commission shall submit   
annual reports to ,congress based on the
 audits described in subsection 7b7     
that-- 7#a7 describe the level of       
compliance by the platforms described in
 such subsection with the requirements  
under this ,act2 and  7#b7 provide      
recommendations for such legislation and
 administrative actions as the          
,commission determines appropriate based
 on the audit findings4  #g4 ,grant     
program  7a7 ,establishment  7#a7 ,in   
general ,the ,secretary of ,commerce 7in
 this section referred to as the        
,secretary7 shall make grants to        
eligible persons to foster the creation 
and promotion of advertisement-free and 
educational online content 7such as     
videos and applications7 for covered    
users4  7#b7 ,eligible person ,for      
purposes of this section1 the term      

eligible person means a person that has 
submitted an application1 as approved by
 the ,secretary pursuant to the         
eligibility requirements developed under
 subsection 7b71 for the creation and   
promotion of advertisement-free and     
educational online content for covered  
users4  7b7 ,advisory council ,the      
,secretary shall establish and convene  
an ,advisory ,council on ,children's    
,online ,content1 which shall be-- 7#a7 
comprised of experts in education1 child
 development1 psychology1 online media1 
and other related disciplines2 and  7#b7
 tasked with developing evidence-based  
criteria for grant eligibility and grant
 distribution4  7c7 ,authorization of   
appropriations  7#a7 ,in general ,to    
carry out this section1 there is        
authorized to be appropriated-- 7,a7 for
 fiscal year #bjba1 #d1jjj1jjj2  7,b7   
for fiscal year #bjbb1 #h1jjj1jjj2  7,c7
 for fiscal year #bjbc1 #aj1jjj1jjj2 and
  7,d7 for fiscal year #bjbd1           
#ab1jjj1jjj4  7#b7 ,availability of     

funds ,any amount appropriated under    
this subsection for any fiscal year     
shall remain available for the purposes 
of carrying out any application approved
 during such fiscal year for an         
additional period of #a year after the  
end of such fiscal year4  #h4 ,federal  
,trade ,commission study ,not later than
 #a year after the date of enactment of 
this ,act1 the ,commission shall conduct
 and publish a study1 using any         
compulsory processes available to the   
,commission as necessary1 relying on    
public data and information if available
 and sufficient1 and incorporating      
public comment1 on harms resulting from 
interface elements and advertising      
methods on online platforms that are    
directed to children 7and best practices
 for avoiding such harms71 including the
 following3 7#a7 ,the use of algorithmic
 processes and any other automated      
systems used for non-commercial content 
recommendation or amplification on      
platforms that are directed to covered  

users4  7#b7 ,the effect of algorithmic 
processes and any other automated       
systems used for non-commercial content 
recommendation or amplification on      
platforms that are directed to covered  
users4  #i4 ,administration and         
enforcement  7a7 ,in general ,this ,act 
shall be enforced by the ,commission    
under the ,federal ,trade ,commission   
,act 7#ae ,u4,s4,c4 #da et seq474  7b7  
,actions by ,commission  7#a7 ,in       
general ,the ,commission shall prevent  
any person from violating this ,act or  
any regulation promulgated by the       
,commission under this ,act in the same 
manner1 by the same means1 and with the 
same jurisdiction1 powers1 and duties1  
as though all applicable terms and      
provisions of the ,federal ,trade       
,commission ,act 7#ae ,u4,s4,c4 #da et  
seq47 were incorporated into and made a 
part of this ,act4  7#b7 ,penalties and 
privileges ,any person that violates    
this ,act or any regulation promulgated 
under this ,act shall be subject to the 

penalties and entitled to the privileges
 and immunities provided in the ,federal
 ,trade ,commission ,act in the same    
manner1 by the same means1 and with the 
same jurisdiction1 power1 and duties1 as
 though all applicable terms and        
provisions of the ,federal ,trade       
,commission ,act were incorporated into 
and made a part of this ,act4  7c7      
,civil penalty ,a violation of this     
,act1 or a regulation promulgated under 
this ,act1 shall be treated as a        
violation of a rule defining an unfair  
or deceptive act or practice prescribed 
under section #ah7;a77#a77;,b7 of the   
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #eg;a7a77#a77;,b774  7d7      
,enforcement by ,states  7#a7 ,in       
general ,if the attorney general of a   
,state has reason to believe that an    
interest of the residents of the ,state 
has been or is being threatened or      
adversely affected by a violation of    
this ,act or a regulation promulgated   
under this ,act1 the attorney general of

 the ,state may1 as parens patriae1     
bring a civil action on behalf of the   
residents of the ,state in an           
appropriate district court of the       
,united ,states to obtain appropriate   
relief4  7#b7 ,rights of commission     
7,a7 ,notice to commission  7i7 ,in     
general ,except as provided in clause   
7iii71 the attorney general of a ,state1
 before initiating a civil action under 
paragraph 7#a71 shall provide written   
notification to the ,commission that the
 attorney general intends to bring such 
civil action4  7ii7 ,contents ,the      
notification required under clause 7i7  
shall include a copy of the complaint to
 be filed to initiate the civil action4 
7iii7 ,exception ,if it is not feasible 
for the attorney general of a ,state to 
provide the notification required under 
clause 7i7 before initiating a civil    
action under paragraph 7#a71 the        
attorney general shall notify the       
,commission immediately upon instituting
 the civil action4  7,b7 ,intervention  

by commission ,the ,commission may-- 7i7
 intervene in any civil action brought  
by the attorney general of a ,state     
under paragraph 7#a72 and  7ii7 upon    
intervening-- 7,i7 be heard on all      
matters arising in the civil action2 and
  7,,ii7 file petitions for appeal of a 
decision in the civil action4  7#c7     
,investigatory powers ,nothing in this  
subsection may be construed to prevent  
the attorney general of a ,state from   
exercising the powers conferred on the  
attorney general by the laws of the     
,state to conduct investigations1 to    
administer oaths or affirmations1 or to 
compel the attendance of witnesses or   
the production of documentary or other  
evidence4  7e7 ,effect on other laws    
7#a7 ,authority of the ,commission      
,nothing contained in this ,act shall be
 construed to limit the authority of the
 ,commission under any other provisions 
of law4  7#b7 ,relation to ,state law   
,nothing in this ,act may be construed  
to preempt any provision of ,state law  

that provides greater protection to     
consumers than is provided in this ,act4