,,ii ,calendar ,no4 #ffj #aagth ,,congress #b;d ,session ,s4 #cffc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #af1 #bjbb,mr4 ,blumenthal 7for himself1 ,mrs4 ,blackburn1 ,mr4 ,markey1 ,mrs4 ,capito1 ,mr4 ,lujn1 ,mr4 ,cassidy1 ,ms4 ,baldwin1 ,ms4 ,ernst1 ,ms4 ,klobuchar1 ,mr4 ,daines1 ,mr4 ,peters1 ,mr4 ,rubio1 ,mr4 ,hickenlooper1 and ,mr4 ,sullivan7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,december #ae1 #bjbb,reported by ,ms4 ,cantwell1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to protect the safety of children on the internet4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,kids ,online ,safety ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,duty of care4,sec4 #d4 ,safeguards for minors4,sec4 #e4 ,disclosure4,sec4 #f4 ,transparency4,sec4 #g4 ,independent research4,sec4 #h4 ,market research4,sec4 #i4 ,age verification study and report4,sec4 #aj4 ,enforcement4,sec4 #aa4 ,kids ,online ,safety ,council4,sec4 #ab4 ,authorization of appropriations4,sec4 #ac4 ,effective date4,sec4 #ad4 ,severability4 #b4 ,definitions ,in this ,act3 7#a7 ,algorithmic recommendation system ,the term algorithmic recommendation system means a fully or partially automated system used to suggest1 promote1 or rank information4 7#b7 ,covered platform ,the term covered platform means a commercial software application or electronic service that connects to the internet and that is used1 or is reasonably likely to be used1 by a minor4 7#c7 ,minor ,the term minor means an individual who is age #af or younger4 7#d7 ,parent ,the term parent includes a legal guardian or an individual with legal custody over a child4 7#e7 ,personal data ,the term personal data means information that identifies or is linked or reasonably linkable to an individual1 household1 or consumer device4 #c4 ,duty of care 7a7 ,best interests ,a covered platform has a duty to act in the best interests of a minor that uses the platform's products or services4 7b7 ,prevention of harm to minors ,in acting in the best interests of minors1 a covered platform has a duty to prevent and mitigate the heightened risks of physical1 emotional1 developmental1 or material harms to minors posed by materials on1 or engagement with1 the platform1 including-- 7#a7 promotion of self-harm1 suicide1 eating disorders1 substance abuse1 and other matters that pose a risk to physical and mental health of a minor2 7#b7 patterns of use that indicate or encourage addiction-like behaviors2 7#c7 physical harm1 online bullying1 and harassment of a minor2 7#d7 sexual exploitation1 including enticement1 grooming1 sex trafficking1 and sexual abuse of minors and trafficking of online child sexual abuse material2 7#e7 promotion and marketing of products or services that are unlawful for minors1 such as illegal drugs1 tobacco1 gambling1 or alcohol2 and 7#f7 predatory1 unfair1 or deceptive marketing practices4 #d4 ,safeguards for minors 7a7 ,safeguards for minors 7#a7 ,in general ,a covered platform shall provide a minor1 or a parent acting on a minor's behalf1 with readily accessible and easy-to-use safeguards to control their experience and personal data on the covered platform1 including settings to-- 7,a7 limit the ability of other individuals to contact or find a minor1 in particular adults with no relationship to the minor2 7,b7 prevent other individuals from viewing the minor's personal data collected by or shared on the covered platform1 in particular restricting public access to personal data2 7,c7 limit features that increase1 sustain1 or extend use of the covered platform by a minor1 such as automatic playing of media1 rewards for time spent on the platform1 and notifications2 7,d7 opt out of algorithmic recommendation systems that use a minor's personal data2 7,e7 delete the minor's account and request removal of personal data2 7,f7 restrict the sharing of the geolocation of a minor and to provide notice regarding the tracking of a minor's geolocation2 and 7,g7 limit time spent by a minor on the covered platform4 7#b7 ,default safeguard settings for minors ,a covered platform shall provide that1 in the case of a user that the platform knows or reasonably believes to be a minor1 the default setting for any safeguard described under paragraph 7#a7 shall be the strongest option available4 7#c7 ,accessibility for minors ,with respect to safeguards described under paragraph 7#a71 a covered platform shall provide information and control options in a manner that is age appropriate and does not encourage minors to weaken or turn off safeguards4 7b7 ,parental tools 7#a7 ,parental tools ,a covered platform shall provide readily accessible and easy-to-use parental tools for parents to appropriately supervise the use of the covered platform by a minor4 7#b7 ,requirements ,the parental tools provided by a covered platform shall include-- 7,a7 the ability to control privacy and account settings1 including the safeguards established under subsection 7a77#a72 7,b7 the ability to restrict purchases and financial transactions by a minor2 7,c7 the ability to track total time spent on the platform2 7,d7 a clear and conspicuous mechanism for parents to opt out of or turn off any default parental tools put in place by the covered platform2 and 7,e7 access to other information regarding a minor's use of a covered platform and control options necessary to a parent's ability to address the harms described in section #c7;b74 7#c7 ,notice to minors ,a covered platform shall provide clear and conspicuous notice to a minor when parental tools are in effect4 7#d7 ,default parental tools ,a covered platform shall provide that1 in the case of a user that the platform knows or reasonably believes to be a minor1 parental tools shall be enabled by default4 7c7 ,reporting mechanism 7#a7 ,parental reports ,a covered platform shall provide minors and parents with-- 7,a7 a readily accessible and easy-to-use means to submit reports of harms to a minor1 including harms described in section #c7;b72 7,b7 an electronic point of contact specific to matters involving harms to a minor2 and 7,c7 confirmation of the receipt of such a report and a means to track a submitted report4 7#b7 ,timing ,a covered platform shall establish an internal process to receive and respond to reports in a reasonable and timely manner4 7d7 ,illegal content ,a covered platform shall not facilitate the advertising of products or services to minors that are illegal to sell to minors based on applicable ,state or ,federal law4 #e4 ,disclosure 7a7 ,notice 7#a7 ,registration ,prior to registration1 use1 or purchase of a covered platform by a minor1 the platform shall provide clear1 accessible1 and easy-to-understand-- 7,a7 notice of the policies and practices of the covered platform with respect to personal data and safeguards for minors2 7,b7 information about how to access the safeguards and parental tools required under section #d2 and 7,c7 notice about whether the covered platform1 including any algorithmic recommendation systems used by the platform1 pose any heightened risks of harm to a minor1 including harms described in section #c7;b74 7#b7 ,parental notification ,for a minor1 or an individual that a covered platform reasonably believes is a minor1 a covered platform shall additionally provide the notice1 information1 and statement described in paragraph 7#a7 to a parent of the minor4 7#c7 ,acknowledgment ,after providing the notice1 information1 and statement described in paragraph 7#a71 but prior to initial use of the covered platform1 the covered platform shall obtain acknowledgment from a minor1 or a parent of the minor1 of the receipt of information related to the heightened risks of harm to minors referenced in the statement in paragraph 7#a77;,c74 7b7 ,algorithmic recommendation system ,a covered platform that uses an algorithmic recommendation system shall set out in its terms and conditions1 in a clear1 accessible1 and easy-to-understand manner-- 7#a7 an overview of how algorithmic recommendation systems are used by the covered platform to provide information to users of the platform who are minors1 including how such systems use personal data belonging to minors2 and 7#b7 options for minors or their parents to modify the results of the algorithmic recommendation system1 including the right to opt out or down-rank types or categories of recommendations4 7c7 ,advertising and marketing ,a covered platform that facilitates advertising aimed at minors shall provide clear1 accessible1 and easy-to-understand information and labels regarding-- 7#a7 the name of the product1 service1 or brand and the subject matter of an advertisement or marketing material2 7#b7 why the minor is being targeted for a particular advertisement or marketing material if the covered platform engages in targeted advertising1 including meaningful information about how the personal data of the minor was used to target the advertisement or marketing material2 and 7#c7 whether particular media displayed to a user is an advertisement or marketing material1 including disclosure of endorsements of products1 services1 or brands made for commercial consideration by other users of the platform4 7d7 ,resources for parents and minors ,a covered platform shall provide to minors and parents clear1 accessible1 easy-to-understand1 and comprehensive information in a prominent location regarding-- 7#a7 its policies and practices with respect to personal data and safeguards for minors2 and 7#b7 how to access the safeguards and parental tools required under section #d4 #f4 ,transparency 7a7 ,audit of systemic risks to minors 7#a7 ,in general ,not less frequently than once a year1 a covered platform shall issue a public report identifying the foreseeable risks of harm to minors based on an independent1 third-party audit conducted through reasonable inspection of the covered platform and describe the prevention and mitigation measures taken to address such risks4 7#b7 ,content 7,a7 ,transparency ,the public reports required of a covered platform under this section shall include-- 7i7 an assessment of whether the covered platform is reasonably likely to be accessed by minors2 7ii7 a description of the commercial interests of the covered platform in use by minors2 7iii7 an accounting of the number of individuals using the covered platform reasonably believed to be minors in the ,united ,states1 disaggregated by the age ranges of #j-e1 #f-i1 #aj-ab1 and #ac-af2 7iv7 an accounting of the time spent by the median and average minor in the ,united ,states on a daily1 weekly1 and monthly basis1 disaggregated by the age ranges of #j-e1 #f-i1 #aj-ab1 and #ac-af2 7v7 an accounting1 disaggregated by category of harm1 of-- 7,i7 the total number of reports of the dissemination of illegal or harmful content involving minors2 and 7,,ii7 the prevalence of content that is illegal or harmful to minors2 and 7vi7 a description of any material breaches of parental tools or assurances regarding minors1 unexpected use of the personal data of minors1 and other matters regarding non-compliance4 7,b7 ,systemic risks assessment ,the public reports required of a covered platform under this section shall include-- 7i7 an audit of the known and emerging risks to minors posed by the covered platform1 including the harms described in section #c7;b72 7ii7 an assessment of how algorithmic recommendation systems and targeted advertising systems can contribute to harms to minors2 7iii7 a description of whether and how the covered platform uses system design features to increase1 sustain1 or extend use of a product or service by a minor1 such as automatic playing of media1 rewards for time spent1 and notifications2 7iv7 a description of whether1 how1 and for what purpose the platform collects or processes geolocation1 contact information1 health data1 or other categories of personal data of heightened concern regarding minors1 as determined by the ,commission2 7v7 an evaluation of the efficacy and any issues in delivering safeguards to minors under section #d2 and 7vi7 an evaluation of any other relevant matters of public concern over risks to minors4 7,c7 ,mitigation ,the public reports required of a covered platform under this section shall include-- 7i7 a description of the safeguards and parental tools available to minors and parents on the covered platform2 7ii7 a description of interventions by the covered platform when it had or has reason to believe that harm could occur to minors2 7iii7 a description of the prevention and mitigation measures intended to be taken in response to the known and emerging risks identified in its audit of system risks1 including steps taken to-- 7,i7 adapt or remove system design features that expose minors to risks2 7,,ii7 set safeguards to their most safe settings by default2 7,,iii7 prevent the presence of illegal and illicit content on the covered platform2 and 7,,iv7 adapt algorithmic recommendation system to prioritize the best interests of users who are minors2 7iv7 a description of internal processes for handling reports and automated detection mechanisms for harms to minors1 including the rate1 timeliness1 and effectiveness of responses under the requirement of section #d7;c72 7v7 the status of implementing prevention and mitigation measures identified in prior assessments2 and 7vi7 a description of the additional measures to be taken by the covered platform to address the circumvention of safeguards and parental tools4 7#c7 ,reasonable inspection ,in conducting an inspection of the systemic risks of harm to minors1 a covered platform shall-- 7,a7 take into consideration the function of algorithmic recommendation systems2 7,b7 consult parents1 experts1 and civil society with respect to the prevention of harms to minors2 7,c7 conduct research based on experiences of minors that use the covered platform1 including harms reported under section #d7;c72 7,d7 take account of research1 including research regarding system design features1 marketing1 or product integrity1 industry best practices1 or outside research2 and 7,e7 consider indicia or inferences of age of users1 in addition to any self-declared information about the age of individuals4 7#d7 ,privacy safeguards ,in issuing the public reports required under this section1 a covered platform shall take steps to safeguard the privacy of its users1 including ensuring that data is presented in a de-anonymized1 aggregated format4 #g4 ,independent research 7a7 ,definitions ,in this section3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,eligible researcher ,the term eligible researcher means an individual or group of individuals affiliated with or employed by-- 7,a7 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 or 7,b7 a nonprofit organization1 including any organization described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,program ,the term ,program means the program established under subsection 7b77#a74 7#d7 ,public interest research ,the term public interest research means the scientific or historical analysis of information that is performed for the primary purpose of advancing a broadly recognized public interest4 7#e7 ,qualified researcher ,the term qualified researcher means an eligible researcher who is approved by the ,assistant ,secretary to conduct public interest research regarding harms to minors under the ,program4 7b7 ,access to data on harms to minors 7#a7 ,establishment ,the ,assistant ,secretary shall establish a program under which an eligible researcher may apply for1 and a covered platform shall provide1 access to data assets from the covered platform for the sole purpose of conducting public interest research regarding harms to the safety and well-being of minors1 including matters described in section #c7;b74 7#b7 ,application requirements ,in order to be approved to access data assets from a covered platform1 an eligible researcher shall1 in the application submitted under paragraph 7#a7-- 7,a7 conduct the research for noncommercial purposes2 7,b7 demonstrate a proven record of expertise on the proposed research topic and related research methodologies2 and 7,c7 commit to fulfill1 and demonstrate a capacity to fulfill1 the specific data security and confidentiality requirements corresponding to the application4 7#c7 ,duties and rights of covered platforms 7,a7 ,access to data assets 7i7 ,in general ,if the ,assistant ,secretary approves an application under paragraph 7#a7 with respect to a covered platform1 the covered platform shall1 in a timely manner1 provide the qualified researcher with access to data assets necessary to conduct public interest research described in that paragraph4 7ii7 ,form of access ,a covered platform shall provide to a qualified researcher access to data assets under clause 7i7 through online databases1 application programming interfaces1 and data files as appropriate for the qualified researcher to undertake public interest research4 7,b7 ,nondisclosure agreement ,a covered platform may require1 as a condition of access to the data assets of the covered platform1 that a qualified researcher enter into a nondisclosure agreement regarding the release of data assets1 provided that-- 7i7 the agreement does not restrict the publication of the qualified researcher's findings2 and 7ii7 the terms of the agreement allow the qualified researcher to provide the original agreement or a copy of the agreement to the ,assistant ,secretary4 7,c7 ,appeal ,a covered platform may appeal the granting of an application under paragraph 7#a7 on the grounds that1 and the ,assistant ,secretary shall grant such appeal if-- 7i7 the covered platform does not have access to the requested data assets2 or 7ii7 providing access to the data assets will lead to significant vulnerabilities in the security of the covered platform's service4 7#d7 ,processes1 procedures1 and standards ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall establish-- 7,a7 7i7 a process by which an eligible researcher may submit an application described in paragraph 7#a72 and 7ii7 an appeals process for eligible researchers to appeal adverse decisions on applications described in paragraph 7#a7 7including a decision to grant an appeal under paragraph 7#c77;,c772 7,b7 procedures for implementation of the ,program1 including methods for-- 7i7 participation by covered platforms2 and 7ii7 verification by the ,assistant ,secretary of the credentials of eligible researchers2 7,c7 standards for privacy1 security1 and confidentiality required to participate in the ,program2 and 7,d7 standards for transparency regarding the operation and administration of the ,program4 7#e7 ,duty of confidentiality ,to protect user privacy1 a qualified researcher shall have a duty of confidentiality with respect to data assets provided by a covered platform1 which may be defined by the ,assistant ,secretary4 7#f7 ,federal agencies ,nothing in this subsection shall be construed to authorize a ,federal agency to seek access to the data of a covered platform through the ,program4 7c7 ,safe harbor for independent collection ,with respect to public interest research conducted regarding harms to minors1 including matters described in section #c7;b71 no cause of action related to terms of service violations undertaken while collecting data assets in the course of such research shall lie or be maintained in any court against the researcher conducting the research4 7d7 ,rulemaking ,the ,assistant ,secretary1 in consultation with the ,secretary of ,commerce and the ,director of the ,national ,institute of ,standards and ,technology1 shall promulgate rules in accordance with section #eec of title #e1 ,united ,states ,code1 as necessary to implement this section4 #h4 ,market research 7a7 ,market research by covered platforms ,the ,federal ,trade ,commission1 in coordination with the ,secretary of ,commerce1 shall establish guidelines for covered platforms seeking to conduct market- and product-focused research on minors or individuals it reasonably believes to be minors4 ,such guidelines shall include-- 7#a7 a standard consent form that provides minors and their parents a clear and easy-to-understand explanation of the scope and purpose of the research to be conducted1 and provides an opportunity for informed consent2 and 7#b7 recommendations for research practices for studies that may include minors1 disaggregated by the age ranges of #j-e1 #f-i1 #aj-ab1 #ac-ae1 and #af-ag4 7b7 ,guidelines ,the ,federal ,trade ,commission shall promulgate such guidelines not later than #ah months after the date of enactment of this ,act4 ,in doing so1 they shall seek input from members of the public and the representatives of the ,kids ,online ,safety ,council established under section #aa4 #i4 ,age verification study and report 7a7 ,study ,the ,director of the ,national ,institute of ,standards and ,technology1 in coordination with the ,federal ,communications ,commission1 ,federal ,trade ,commission1 and the ,secretary of ,commerce1 shall conduct a study evaluating the most technologically feasible options for developing systems to verify age at the device or operating system level4 7b7 ,contents ,such study shall consider-- 7#a7 the benefits of creating a device or operating system level age verification system2 7#b7 what information may need to be collected to create this type of age verification system2 7#c7 the accuracy of such systems and their impact or steps to improve accessibility1 including for individuals with disabilities2 7#d7 how such a system or systems could verify age while mitigating risks to user privacy and data security and safeguarding minors' personal data2 and 7#e7 the technical feasibility1 including the need for potential hardware and software changes1 including for devices currently in commerce and owned by consumers4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the agencies described in subsection 7a7 shall submit a report containing the results of the study conducted under such subsection to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 #aj4 ,enforcement 7a7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair and deceptive acts or practices ,a violation of this ,act or a regulation promulgated under this ,act by any person 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 7#b7 ,powers of the ,commission 7,a7 ,in general ,except as provided in subparagraph 7,b7 and subsection 7b71 the ,federal ,trade ,commission 7referred to in this section as the ,commission7 shall enforce this ,act and any regulation promulgated under this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties 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 ,application to common carriers and nonprofit organizations ,notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b71 #df7 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act and the regulations promulgated under this ,act1 in the manner provided under this subsection1 with respect to-- 7i7 common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and all ,acts amendatory thereof and supplementary thereto2 and 7ii7 organizations not organized to carry on business for their own profit or that of their members4 7,c7 ,privileges and immunities ,any person that violates this ,act or a regulation promulgated under this ,act shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,regulations ,the ,commission may promulgate regulations under section #eec of title #e1 ,united ,states ,code1 to carry out sections #d1 #e1 and #f of this ,act4 7#d7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7b7 ,enforcement by ,state attorneys general 7#a7 ,in general 7,a7 ,civil actions ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of that ,state has been or is threatened or adversely affected by the engagement of any person in a practice that violates this ,act or a regulation promulgated under this ,act1 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in a district court of the ,united ,states or a ,state court of appropriate jurisdiction to-- 7i7 enjoin that practice2 7ii7 enforce compliance with this ,act or such regulation2 7iii7 on behalf of residents of the ,state1 obtain damages1 statutory damages1 restitution1 or other compensation1 each of which shall be distributed in accordance with ,state law2 or 7iv7 obtain such other relief as the court may consider to be appropriate4 7,b7 ,notice 7i7 ,in general ,before filing an action under subparagraph 7,a71 the attorney general of the ,state involved shall provide to the ,commission-- 7,i7 written notice of that action2 and 7,,ii7 a copy of the complaint for that action4 7ii7 ,exemption 7,i7 ,in general ,clause 7i7 shall not apply with respect to the filing of an action by an attorney general of a ,state under this paragraph if the attorney general of the ,state determines that it is not feasible to provide the notice described in that clause before the filing of the action4 7,,ii7 ,notification ,in an action described in subclause 7,i71 the attorney general of a ,state shall provide notice and a copy of the complaint to the ,commission at the same time as the attorney general files the action4 7#b7 ,intervention 7,a7 ,in general ,on receiving notice under paragraph 7#a77;,b71 the ,commission shall have the right to intervene in the action that is the subject of the notice4 7,b7 ,effect of intervention ,if the ,commission intervenes in an action under paragraph 7#a71 it shall have the right-- 7i7 to be heard with respect to any matter that arises in that action2 and 7ii7 to file a petition for appeal4 7#c7 ,construction ,for purposes of bringing any civil action under paragraph 7#a71 nothing in this ,act shall be construed to prevent an attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of that ,state to-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary and other evidence4 7#d7 ,actions by the commission ,in any case in which an action is instituted by or on behalf of the ,commission for violation of this ,act or a regulation promulgated under this ,act1 no ,state may1 during the pendency of that action1 institute an action under paragraph 7#a7 against any defendant named in the complaint in the action instituted by or on behalf of the ,commission for that violation4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 a ,state court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a7 in a district court of the ,united ,states1 process may be served wherever defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 #aa4 ,kids ,online ,safety ,council 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,commerce shall establish and convene the ,kids ,online ,safety ,council for the purpose of providing advice on the implementation of this ,act4 7b7 ,participation ,the ,kids ,online ,safety ,council shall include participation from-- 7#a7 parents1 academic experts1 health professionals1 and members of civil society with respect to the prevention of harms to minors2 7#b7 youth representation2 7#c7 representatives of covered platforms2 7#d7 representatives of the ,national ,telecommunications and ,information ,administration1 the ,national ,institute of ,standards and ,technology1 the ,federal ,trade ,commission1 and the ,department of ,justice2 and 7#e7 ,state attorneys general or their representatives4 #ab4 ,authorization of appropriations ,there are authorized to be appropriated to the ,federal ,trade ,commission such sums as may be necessary to carry out this ,act4 #ac4 ,effective date ,except as otherwise provided in this ,act1 this ,act shall take effect on the date that is #ah months after the date of enactment of this ,act4 #ad4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 is determined to be unenforceable or invalid1 the remaining provisions of this ,act and the amendments made by this ,act shall not be affected4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,kids ,online ,safety ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,duty of care4,sec4 #d4 ,safeguards for minors4,sec4 #e4 ,disclosure4,sec4 #f4 ,transparency4,sec4 #g4 ,independent research4,sec4 #h4 ,market research4,sec4 #i4 ,age verification study and report4,sec4 #aj4 ,guidance4,sec4 #aa4 ,enforcement4,sec4 #ab4 ,kids online safety council4,sec4 #ac4 ,effective date4,sec4 #ad4 ,relationship to other laws4,sec4 #ae4 ,severability4 #b4 ,definitions ,in this ,act3 7#a7 ,algorithmic recommendation system ,the term algorithmic recommendation system means a fully or partially automated system used to suggest1 promote1 or rank information4 7#b7 ,child ,the term child means an individual who is age #ab or younger4 7#c7 ,covered platform ,the term covered platform means a social media service1 social network1 video game1 messaging application1 video streaming service1 educational service1 or an online platform that connects to the internet and that is used1 or is reasonably likely to be used1 by a minor4 7#d7 ,mental health disorder ,the term mental health disorder has the meaning given such term in the ,diagnostic and ,statistical ,manual of ,mental ,health ,disorders1 #eth ,edition 7or a successor edition74 7#e7 ,minor ,the term minor means an individual who is age #af or younger4 7#f7 ,online platform ,the term online platform means any public-facing website1 online service1 online application1 or mobile application that primarily provides a community forum for user generated content1 including sharing videos1 images1 games1 audio files1 or other content4 7#g7 ,parent ,the term parent includes a legal guardian or an individual with legal custody over a minor4 7#h7 ,personal data ,the term personal data means information that identifies or is linked or reasonably linkable to an individual1 household1 or consumer device4 7#i7 ,compulsive usage ,the term compulsive usage means any response stimulated by external factors that causes an individual to engage in repetitive behavior reasonably likely to cause psychological distress1 loss of control1 anxiety1 depression1 or harmful stress responses4 #c4 ,duty of care 7a7 ,best interests ,a covered platform shall act in the best interests of a minor that uses the platform's products or services1 as described in subsection 7b74 7b7 ,prevention of harm to minors ,in acting in the best interests of minors1 a covered platform shall take reasonable measures in its design and operation of products and services to prevent and mitigate-- 7#a7 mental health disorders or associated behaviors1 including the promotion or exacerbation of self-harm1 suicide1 eating disorders1 and substance use disorders2 7#b7 patterns of use that indicate or encourage addiction-like behaviors2 7#c7 physical violence1 online bullying1 and harassment of a minor2 7#d7 sexual exploitation1 including enticement1 grooming1 sex trafficking1 and sexual abuse of minors and trafficking of online child sexual abuse material2 7#e7 promotion and marketing of narcotic drugs 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb771 tobacco products1 gambling1 or alcohol2 and 7#f7 predatory1 unfair1 or deceptive marketing practices1 or other financial harms4 #d4 ,safeguards for minors 7a7 ,safeguards for minors 7#a7 ,in general ,a covered platform shall provide a minor with readily-accessible and easy-to-use safeguards to1 as applicable-- 7,a7 limit the ability of other individuals to contact or find a minor1 in particular individuals aged #ag or over with no relationship to the minor2 7,b7 prevent other users1 whether registered or not1 from viewing the minor's personal data collected by or shared on the covered platform1 in particular restricting public access to personal data2 7,c7 limit features that increase1 sustain1 or extend use of the covered platform by a minor1 such as automatic playing of media1 rewards for time spent on the platform1 notifications1 and other features that result in compulsive usage of the covered platform by a minor2 7,d7 control algorithmic recommendation systems that use a minor's personal data1 including the right to-- 7i7 opt out of such algorithmic recommendation systems2 or 7ii7 limit types or categories of recommendations from such systems2 7,e7 delete the minor's account and delete their personal data2 7,f7 restrict the sharing of the geolocation of a minor and provide notice regarding the tracking of a minor's geolocation2 and 7,g7 limit the amount of time spent by a minor on the covered platform4 7#b7 ,default safeguard settings for minors ,a covered platform shall provide that1 in the case of a user that the platform knows or reasonably believes to be a minor1 the default setting for any safeguard described under paragraph 7#a7 shall be the option available on the platform that provides the most protective level of control that is offered by the platform over privacy and safety for that user4 7b7 ,parental tools 7#a7 ,tools ,a covered platform shall provide readily-accessible and easy-to-use tools for parents to supervise the use of the covered platform by a minor4 7#b7 ,requirements ,the tools provided by a covered platform shall include-- 7,a7 the ability to control privacy and account settings1 including the safeguards established under subsection 7a77#a72 7,b7 the ability to restrict purchases and financial transactions by a minor1 where applicable2 7,c7 the ability to track metrics of total time spent on the platform2 and 7,d7 control options that allow parents to address the harms described in section #c7;b74 7#c7 ,notice to minors ,a covered platform shall provide clear and conspicuous notice to a minor when tools described in this subsection are in effect4 7#d7 ,default tools ,a covered platform shall provide that1 in the case of a user that the platform knows or reasonably believes to be a child1 the tools described in this subsection shall be enabled by default4 7c7 ,reporting mechanism 7#a7 ,reports submitted by parents1 minors1 and schools ,a covered platform shall provide-- 7,a7 a readily-accessible and easy-to-use means to submit reports to the covered platform of harms to minors2 7,b7 an electronic point of contact specific to matters involving harms to a minor2 and 7,c7 confirmation of the receipt of such a report and a means to track a submitted report4 7#b7 ,timing ,a covered platform shall establish an internal process to receive and substantively respond to reports in a reasonable and timely manner1 but in no case later than #ad days after the receipt of a report4 7d7 ,advertising of illegal products ,a covered platform shall not facilitate the advertising of narcotic drugs 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb771 tobacco products1 gambling1 or alcohol to minors4 7e7 ,application 7#a7 ,accessibility ,with respect to safeguards and parental controls described under subsections 7a7 and 7b71 a covered platform shall provide-- 7,a7 information and control options in a clear and conspicuous manner that takes into consideration the differing ages1 capacities1 and developmental needs of the minors most likely to access the covered platform and does not encourage minors or parents to weaken or disable safeguards or parental controls2 7,b7 readily-accessible and easy-to-use controls to enable or disable safeguards or parental controls1 as appropriate2 and 7,c7 information and control options in the same language1 form1 and manner as the covered platform provides any product or service used by minors4 7#b7 ,dark patterns prohibition ,for purposes of this section1 it shall be unlawful for any covered platform to design1 modify1 or manipulate a user interface of a covered platform with the purpose or substantial effect of subverting or impairing user autonomy1 decision-making1 or choice in order to weaken or disable safeguards or parental controls4 7#c7 ,rules of construction ,nothing in this section shall be construed to-- 7,a7 prevent a covered platform from-- 7i7 taking reasonable measures to limit algorithmic recommendation systems from distributing unlawful1 obscene1 or harmful material to minors as described in section #c7;b72 or 7ii7 implementing measures to block or filter spam1 prevent criminal activity1 or protect the security of a platform or service2 7,b7 require the disclosure of a minor's browsing behavior1 search history1 messages1 or other content of their communications2 or 7,c7 restrict a covered platform's ability to-- 7i7 cooperate with law enforcement agencies regarding activity that the operator reasonably and in good faith believes may violate ,federal1 ,state1 or local laws1 rules1 or regulations2 7ii7 comply with a civil1 criminal1 or regulatory inquiry or any investigation1 subpoena1 or summons by ,federal1 ,state1 local1 or other government authorities2 or 7iii7 exercise1 respond to1 or defend against legal claims4 #e4 ,disclosure 7a7 ,notice 7#a7 ,registration ,prior to registration1 use1 or purchase of a covered platform by a minor1 the platform shall provide clear1 conspicuous1 and easy-to-understand-- 7,a7 notice of the policies and practices of the covered platform with respect to personal data and safeguards for minors2 7,b7 information about how to access the safeguards and parental tools required under section #d2 and 7,c7 notice about whether the covered platform1 including any algorithmic recommendation systems used by the platform1 pose any heightened risks of harms to minors4 7#b7 ,parental notification ,for a minor1 or an individual that a covered platform reasonably believes is a minor1 a covered platform shall additionally provide the notice1 information1 and statement described in paragraph 7#a7 to a parent of the minor4 7#c7 ,acknowledgment ,after providing the notice1 information1 and statement described in paragraph 7#a71 but prior to initial use of the covered platform1 the covered platform shall take reasonable steps to obtain express affirmative acknowledgment from a parent of the minor of the receipt of information related to the heightened risks of harm to minors referenced in the statement in paragraph 7#a77;,c74 7#d7 ,rulemaking ,the ,commission may issue rules pursuant to section #eec of title #e1 ,united ,states ,code1 to establish standards for covered platforms to comply with this subsection1 including-- 7,a7 a minimum level of information covered platforms must provide pursuant to paragraph 7#a71 where applicable2 and 7,b7 processes for parental notification1 which may include templates or models of short-form notices4 7b7 ,algorithmic recommendation system ,a covered platform that operates algorithmic recommendation systems that use minors' personal data shall set out in its terms and conditions1 in a clear1 conspicuous1 and easy-to-understand manner-- 7#a7 an overview of how those algorithmic recommendation systems are used by the covered platform to provide information to users of the platform who are minors1 including how such systems use the personal data of minors2 and 7#b7 information about options for minors or their parents to control algorithmic recommendation systems that use a minor's personal data 7including by opting out of such systems74 7c7 ,advertising and marketing information and labels 7#a7 ,information and labels ,a covered platform that facilitates advertising aimed at minors shall provide clear1 conspicuous1 and easy-to-understand information and labels on advertisements and marketing material regarding-- 7,a7 the name of the product1 service1 or brand and the subject matter of an advertisement or marketing material2 7,b7 why the minor is being targeted for a particular advertisement or marketing material if the covered platform engages in targeted advertising1 including material information about how the minor's personal data was used to target the advertisement or marketing material2 and 7,c7 whether particular media displayed to a user is an advertisement or marketing material1 including disclosure of endorsements of products1 services1 or brands made for commercial consideration by other users of the platform4 7#b7 ,rulemaking ,the ,commission may issue rules pursuant to section #eec of title #e1 ,united ,states ,code1 to implement this subsection1 specifically establishing the minimum level of information and labels necessary for the disclosures required under paragraph 7#a71 which may include templates or models of short-form notices4 7d7 ,resources for parents and minors ,a covered platform shall provide to minors and parents clear1 conspicuous1 easy-to-understand1 and comprehensive information in a prominent location regarding-- 7#a7 its policies and practices with respect to personal data and safeguards for minors2 and 7#b7 how to access the safeguards and tools required under section #d4 7e7 ,resources in additional languages ,a covered platform shall ensure1 to the extent practicable1 that the disclosures required by this section are made available in the same language1 form1 and manner as the covered platform provides any product or service used by minors4 #f4 ,transparency 7a7 ,in general ,subject to subsection 7b71 not less frequently than once a year1 a covered platform shall issue a public report identifying the reasonably foreseeable risk of harms to minors and describing the prevention and mitigation measures taken to address such risk based on an independent1 third-party audit conducted through reasonable inspection of the covered platform4 7b7 ,scope of application ,the requirements of this section shall not apply to a covered platform if1 for the most recent calendar year1 the platform averaged less than #aj1jjj1jjj active users on a monthly basis in the ,united ,states4 7c7 ,content 7#a7 ,transparency ,the public reports required of a covered platform under this section shall include-- 7,a7 an assessment of the extent to which the platform is likely to be accessed by minors2 7,b7 a description of the commercial interests of the covered platform in use by minors2 7,c7 an accounting of the number of individuals using the covered platform reasonably believed to be minors in the ,united ,states1 disaggregated by the age ranges of #j-e1 #f-i1 #aj-ab1 and #ac-af2 7,d7 an accounting of the median and mean amounts of time spent on the platform by minors in the ,united ,states who have accessed the platform during the reporting year on a daily1 weekly1 and monthly basis1 disaggregated by the age ranges of #j-e1 #f-i1 #aj-ab1 and #ac-af2 7,e7 an accounting of total reports received regarding1 and the prevalence of content related to1 the harms described in section #c7;b71 disaggregated by category of harm2 and 7,f7 a description of any material breaches of parental tools or assurances regarding minors1 representations regarding the use of the personal data of minors1 and other matters regarding non-compliance4 7#b7 ,systemic risks assessment ,the public reports required of a covered platform under this section shall include-- 7,a7 an audit of the reasonably foreseeable risk of harms to minors posed by the covered platform1 including identifying any other physical1 mental1 developmental1 or financial harms in addition to those described in section #c7;b72 7,b7 an assessment of how algorithmic recommendation systems and targeted advertising systems can contribute to harms to minors2 7,c7 a description of whether and how the covered platform uses system design features to increase1 sustain1 or extend use of a product or service by a minor1 such as automatic playing of media1 rewards for time spent1 and notifications2 7,d7 a description of whether1 how1 and for what purpose the platform collects or processes categories of personal data that may cause reasonably foreseeable risk of harms to minors2 7,e7 an evaluation of the efficacy of safeguards for minors under section #d1 and any issues in delivering such safeguards and the associated parental tools2 and 7,f7 an evaluation of any other relevant matters of public concern over risk of harms to minors4 7#c7 ,mitigation ,the public reports required of a covered platform under this section shall include-- 7,a7 a description of the safeguards and parental tools available to minors and parents on the covered platform2 7,b7 a description of interventions by the covered platform when it had or has reason to believe that harms to minors could occur2 7,c7 a description of the prevention and mitigation measures intended to be taken in response to the known and emerging risks identified in its audit of system risks1 including steps taken to-- 7i7 prevent harms to minors1 including adapting or removing system design features2 7ii7 provide the most protective level of control over privacy and safety by default2 and 7iii7 adapt algorithmic recommendation systems to prioritize the best interests of users who are minors1 as described in section #c7;b72 7,d7 a description of internal processes for handling reports and automated detection mechanisms for harms to minors1 including the rate1 timeliness1 and effectiveness of responses under the requirement of section #d7;c72 7,e7 the status of implementing prevention and mitigation measures identified in prior assessments2 and 7,f7 a description of the additional measures to be taken by the covered platform to address the circumvention of safeguards for minors and parental tools4 7d7 ,reasonable inspection ,in conducting an inspection of the systemic risks of harm to minors under this section1 an independent1 third-party auditor shall-- 7#a7 take into consideration the function of algorithmic recommendation systems2 7#b7 consult parents and youth experts1 including public health and mental health nonprofit organizations1 child and adolescent health and development organizations1 and civil society with respect to the prevention of harms to minors2 7#c7 conduct research based on experiences of minors that use the covered platform1 including reports under section #d7;c7 and information provided by law enforcement2 7#d7 take account of research1 including research regarding system design features1 marketing1 or product integrity1 industry best practices1 or outside research2 and 7#e7 consider indicia or inferences of age of users1 in addition to any self-declared information about the age of individuals4 7e7 ,cooperation with independent1 third-party audit ,to facilitate the report required by subsection 7c71 a covered platform shall-- 7#a7 provide or otherwise make available to the independent third-party conducting the audit all information and material in its possession1 custody1 or control that is relevant to the audit2 7#b7 provide or otherwise make available to the independent third-party conducting the audit access to all network1 systems1 and assets relevant to the audit2 and 7#c7 disclose all relevant facts to the independent third-party conducting the audit1 and not misrepresent in any manner1 expressly or by implication1 any relevant fact4 7f7 ,privacy safeguards 7#a7 ,in general ,in issuing the public reports required under this section1 a covered platform shall take steps to safeguard the privacy of its users1 including ensuring that data is presented in a de-identified1 aggregated format4 7#b7 ,clarification ,the section shall not be construed to require-- 7,a7 the affirmative collection of any personal data with respect to the age of users that a covered platform is not already collecting in the normal course of business2 or 7,b7 the covered platform to implement an age gating functionality4 7g7 ,location ,the public reports required under this section should be posted by a covered platform on an easy to find location on a publicly-available website4 7h7 ,rulemaking ,the ,commission may issue rules pursuant to section #eec of title #e1 ,united ,states ,code to implement this section1 specifically establishing processes and minimum standards for third-party auditors to identify and assess-- 7#a7 known and emerging risks to minors2 and 7#b7 how algorithmic recommendation systems and targeted advertising systems can contribute to harms to minors as described in section #c7;b74 #g4 ,independent research 7a7 ,definitions ,in this section3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,de-identified data ,the term de-identified data means information-- 7,a7 that does not identify and is not linked or reasonably linkable to an individual or an individual's device2 and 7,b7 with respect to which a covered platform or researcher takes reasonable technical and contractual measures to ensure that the information is not used to re-identify any individual or individual's device4 7#c7 ,eligible researcher ,the term eligible researcher means an individual or group of individuals affiliated with or employed by-- 7,a7 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 or 7,b7 a nonprofit organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf4 7#d7 ,program ,the term ,program means the program established under subsection 7b77#a74 7#e7 ,public interest research ,the term public interest research means the scientific or historical analysis of information that is performed for the primary purpose of advancing a broadly recognized public interest4 7#f7 ,qualified researcher ,the term qualified researcher means an eligible researcher who is approved by the ,assistant ,secretary to conduct public interest research regarding harms to minors under the ,program4 7b7 ,public ,interest ,research ,program ,relating to ,identified ,harms to ,minors 7#a7 ,establishment ,subject to paragraph 7#b71 the ,assistant ,secretary shall establish a program1 with public notice and an opportunity to comment1 under which an eligible researcher may apply for1 and a covered platform shall provide1 access to data assets from the covered platform for the sole purpose of conducting public interest research regarding the harms described in section #c7;b74 7#b7 ,scope of application ,the requirements of this subsection shall not apply to a covered platform if1 for the most recent calendar year1 the platform averaged less than #aj1jjj1jjj active users on a monthly basis in the ,united ,states4 7#c7 ,processes1 procedures1 and standards ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall establish for the program established under this subsection-- 7,a7 definitions for data assets 7related to harms described in section #c7;b77 that qualify for disclosure to researchers under the program and standards of access for data assets to be provided under the program2 7,b7 a process by which an eligible researcher may submit an application described in paragraph 7#a72 7,c7 an appeals process for eligible researchers to appeal adverse decisions on applications described in paragraph 7#a7 7including a decision to grant an appeal under paragraph 7#d77;,c772 7,d7 procedures for implementation of the program1 including methods for-- 7i7 participation by covered platforms2 and 7ii7 verification by the ,assistant ,secretary of the credentials of eligible researchers and processes for the application or disqualification to participate in the program2 7,e7 standards for privacy1 security1 and confidentiality required to participate in the program2 7,f7 a mechanism to allow individuals to control the use of their personal data under the program1 including the ability to opt out of the program2 7,g7 standards for transparency regarding the operation and administration of the program2 and 7,h7 rules to prevent requests for data assets that present financial conflicts of interest1 including efforts by covered platforms to gain a competitive advantage by directly funding data access requests1 the use of qualified researcher status for commercial gain1 or efforts by covered platforms to obtain access to intellectual property that is otherwise protected by law4 7#d7 ,duties and rights of covered platforms 7,a7 ,access to data assets 7i7 ,in general ,if the ,assistant ,secretary approves an application under paragraph 7#a7 with respect to a covered platform1 the covered platform shall1 in a timely manner1 provide the qualified researcher with access to data assets necessary to conduct public interest research described in that paragraph4 7ii7 ,limitations ,nothing in this section shall be construed to require a covered platform to provide access to data assets that are intellectual property protected by ,federal law1 trade secrets1 or commercial or financial information4 7iii7 ,form of access ,a covered platform shall provide to a qualified researcher access to data assets under clause 7i7 through online databases1 application programming interfaces1 and data files as appropriate4 7,b7 ,nondisclosure agreement ,a covered platform may require1 as a condition of access to the data assets of the covered platform1 that a qualified researcher enter into a nondisclosure agreement restricting the release of data assets1 provided that-- 7i7 the agreement does not restrict the publication or discussion regarding the qualified researcher's findings2 and 7ii7 the terms of the agreement allow the qualified researcher to provide the original agreement or a copy of the agreement to the ,assistant ,secretary4 7,c7 ,appeal 7i7 ,agency appeal ,a covered platform may appeal the granting of an application under paragraph 7#a7 on the grounds that1 and the ,assistant ,secretary shall grant such appeal if-- 7,i7 the covered platform does not have access to the requested data assets or the requested data assets are not reasonably tailored to application2 or 7,,ii7 providing access to the data assets will lead to material vulnerabilities for the privacy of users or the security of the covered platform's service or create a significant risk of the violation of ,federal or state law4 7ii7 ,judicial review ,a decision of the ,assistant ,secretary with respect to an appeal under clause 7i7 shall be considered to be a final agency action for purposes of judicial review under chapter #g of title #e1 ,united ,states ,code4 7,d7 ,timing ,a covered platform for which this provision applies shall participate no later than two years after enactment of this ,act4 7#e7 ,application requirements ,in order to be approved to access data assets from a covered platform1 an eligible researcher shall1 in the application submitted under paragraph 7#a7-- 7,a7 commit to conduct the research for noncommercial purposes2 7,b7 demonstrate a proven record of expertise on the proposed research topic and related research methodologies2 7,c7 if the eligible researcher is seeking access to data assets that include personal data1 show a reasonable need for access to data assets that would be considered personal data1 such as by demonstrating that the research cannot reasonably be accomplished using de-identified data or aggregated information2 and 7,d7 commit to fulfill1 and demonstrate a capacity to fulfill1 the specific data security and confidentiality requirements corresponding to the application4 7#f7 ,privacy and duty of confidentiality 7,a7 ,researcher confidentiality ,to protect user privacy1 a qualified researcher shall keep data assets provided by a covered platform under the program confidential and secure4 7,b7 ,platform confidentiality ,a covered platform shall use reasonable measures to enable researcher access to data assets under the program in a secure and privacy-protective manner1 including through the de-identification of personal data or use of other privacy-enhancing technologies4 7,c7 ,federal agencies ,nothing in this subsection shall be construed to authorize a ,federal agency to seek access to the data of a covered platform through the program4 7c7 ,safe harbor for collection of data for public interest research regarding identified harms to minors ,if1 in the course of conducting public interest research regarding harms described in section #c7;b7 7without regard to whether such research is conducted under the program71 an eligible researcher collects or uses data from a covered platform in a manner that violates the terms of service of the platform1 no cause of action based on such violation shall lie or be maintained in any court against such researcher unless the violation relates to the failure of the researcher to take reasonable measures to protect user privacy and security4 7d7 ,rulemaking ,the ,assistant ,secretary1 in consultation with the ,secretary of ,commerce1 the ,director of the ,national ,institute of ,standards and ,technology1 the ,director of the ,national ,science ,foundation1 and the ,director of the ,national ,institutes of ,health shall promulgate rules in accordance with section #eec of title #e1 ,united ,states ,code1 as necessary to implement this section4 #h4 ,market research 7a7 ,market research by covered platforms ,the ,federal ,trade ,commission1 in consultation with the ,secretary of ,commerce1 shall establish guidance for covered platforms seeking to conduct market- and product-focused research on minors or individuals it reasonably believes to be minors4 ,such guidance shall include-- 7#a7 a standard consent form that provides minors and their parents a clear1 conspicuous1 and easy-to-understand explanation of the scope and purpose of the research to be conducted1 and provides an opportunity for informed consent2 and 7#b7 recommendations for research practices for studies that may include minors1 disaggregated by the age ranges of #j-e1 #f-i1 #aj-ab1 and #ac-af4 7b7 ,guidelines ,the ,federal ,trade ,commission shall promulgate such guidelines not later than #ah months after the date of enactment of this ,act4 ,in doing so1 they shall seek input from members of the public and the representatives of the ,kids ,online ,safety ,council established under section #ab4 #i4 ,age verification study and report 7a7 ,study ,the ,director of the ,national ,institute of ,standards and ,technology1 in coordination with the ,federal ,communications ,commission1 ,federal ,trade ,commission1 and the ,secretary of ,commerce1 shall conduct a study evaluating the most technologically feasible methods and options for developing systems to verify age at the device or operating system level4 7b7 ,contents ,such study shall consider -- 7#a7 the benefits of creating a device or operating system level age verification system2 7#b7 what information may need to be collected to create this type of age verification system2 7#c7 the accuracy of such systems and their impact or steps to improve accessibility1 including for individuals with disabilities2 7#d7 how such a system or systems could verify age while mitigating risks to user privacy and data security and safeguarding minors' personal data1 emphasizing minimizing the amount of data collected and processed by covered platforms for such a system2 and 7#e7 the technical feasibility1 including the need for potential hardware and software changes1 including for devices currently in commerce and owned by consumers4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the agencies described in subsection 7a7 shall submit a report containing the results of the study conducted under such subsection to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 #aj4 ,guidance ,not later than #a year after the date of enactment of this ,act1 the ,federal ,trade ,commission1 in consultation with the ,kids ,online ,safety ,council established under section #ab1 shall issue guidance to-- 7#a7 assist elementary or secondary schools in using the notice1 safeguards and tools provided under this ,act and facilitate compliance with student privacy laws2 and 7#b7 provide information and examples for covered platforms and auditors regarding-- 7,a7 identifying features that are used to increase1 sustain1 or extend use of the covered platform by a minor2 7,b7 safeguarding minors against the possible misuse of parental tools2 7,c7 best practices in providing minors and parents the most protective level of control over privacy and safety2 7,d7 using indicia or inferences of age of users for assessing use of the covered platform by minors2 7,e7 methods for evaluating the efficacy of safeguards2 and 7,f7 providing additional control options that allow parents to address the harms described in section #c7;b72 and 7#c7 outline conduct that does not have the purpose or substantial effect of subverting or impairing user autonomy1 decision-making1 or choice1 or of causing1 increasing1 or encouraging compulsive usage for a minor1 such as-- 7,a7 de minimis user interface changes derived from testing consumer preferences1 including different styles1 layouts1 or text1 where such changes are not done with the purpose of weakening or disabling safeguards or parental controls2 7,b7 algorithms or data outputs outside the control of a covered platform2 and 7,c7 establishing default settings that provide enhanced privacy protection to users or otherwise enhance their autonomy and decision-making ability4 #aa4 ,enforcement 7a7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair and deceptive acts or practices ,a violation of this ,act or a regulation promulgated under this ,act 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 7#b7 ,powers of the ,commission 7,a7 ,in general ,except as provided in subsection 7b71 the ,federal ,trade ,commission 7referred to in this section as the ,commission7 shall enforce this ,act and any regulation promulgated under this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties 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 ,privileges and immunities ,any person that violates this ,act or a regulation promulgated under this ,act shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7b7 ,enforcement by ,state attorneys general 7#a7 ,in general 7,a7 ,civil actions ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of that ,state has been or is threatened or adversely affected by the engagement of any person in a practice that violates this ,act or a regulation promulgated under this ,act1 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in a district court of the ,united ,states or a ,state court of appropriate jurisdiction to-- 7i7 enjoin that practice2 7ii7 enforce compliance with this ,act or such regulation2 7iii7 on behalf of residents of the ,state1 obtain damages1 restitution1 or other compensation1 each of which shall be distributed in accordance with ,state law2 or 7iv7 obtain such other relief as the court may consider to be appropriate4 7,b7 ,notice 7i7 ,in general ,before filing an action under subparagraph 7,a71 the attorney general of the ,state involved shall provide to the ,commission-- 7,i7 written notice of that action2 and 7,,ii7 a copy of the complaint for that action4 7ii7 ,exemption 7,i7 ,in general ,clause 7i7 shall not apply with respect to the filing of an action by an attorney general of a ,state under this paragraph if the attorney general of the ,state determines that it is not feasible to provide the notice described in that clause before the filing of the action4 7,,ii7 ,notification ,in an action described in subclause 7,i71 the attorney general of a ,state shall provide notice and a copy of the complaint to the ,commission at the same time as the attorney general files the action4 7#b7 ,intervention 7,a7 ,in general ,on receiving notice under paragraph 7#a77;,b71 the ,commission shall have the right to intervene in the action that is the subject of the notice4 7,b7 ,effect of intervention ,if the ,commission intervenes in an action under paragraph 7#a71 it shall have the right-- 7i7 to be heard with respect to any matter that arises in that action2 and 7ii7 to file a petition for appeal4 7#c7 ,construction ,for purposes of bringing any civil action under paragraph 7#a71 nothing in this ,act shall be construed to prevent an attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of that ,state to-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary and other evidence4 7#d7 ,actions by the commission ,in any case in which an action is instituted by or on behalf of the ,commission for violation of this ,act or a regulation promulgated under this ,act1 no ,state may1 during the pendency of that action1 institute a separate action under paragraph 7#a7 against any defendant named in the complaint in the action instituted by or on behalf of the ,commission for that violation4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 a ,state court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a7 in a district court of the ,united ,states1 process may be served wherever defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 #ab4 ,kids online safety council 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,commerce shall establish and convene the ,kids ,online ,safety ,council for the purpose of providing advice on matters related to this ,act4 7b7 ,participation ,the ,kids ,online ,safety ,council shall include diverse participation from-- 7#a7 academic experts1 health professionals1 and members of civil society with expertise in mental health and the prevention of harms to minors2 7#b7 representatives in academia and civil society with specific expertise in privacy and civil liberties2 7#c7 parents and youth representation2 7#d7 representatives of covered platforms2 7#e7 representatives of the ,national ,telecommunications and ,information ,administration1 the ,national ,institute of ,standards and ,technology1 the ,federal ,trade ,commission1 the ,department of ,justice1 and the ,department of ,health and ,human ,services2 7#f7 ,state attorneys general or their designees acting in ,state or local government2 and 7#g7 representatives of communities of socially disadvantaged individuals 7as defined in section #h of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg774 7c7 ,activities ,the matters to be addressed by the ,kids ,online ,safety ,council shall include-- 7#a7 identifying emerging or current risks of harms to minors associated with online platforms2 7#b7 recommending measures and methods for assessing1 preventing1 and mitigating harms to minors online2 7#c7 recommending methods and themes for conducting research regarding online harms to minors2 and 7#d7 recommending best practices and clear1 consensus-based technical standards for transparency reports and audits1 as required under this ,act4 ,the recommended standards for reports and audits under paragraph 7#d7 shall include methods1 criteria1 and scope to promote overall accountability4 #ac4 ,effective date ,except as otherwise provided in this ,act1 this ,act shall take effect on the date that is #ah months after the date of enactment of this ,act4 #ad4 ,relationship to other laws ,nothing in this ,act shall be construed to-- 7#a7 preempt section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 or other ,federal or ,state laws governing student privacy2 or 7#b7 authorize any action that would conflict with section #ah7;h7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7h774 #ae4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 is determined to be unenforceable or invalid1 the remaining provisions of this ,act and the amendments made by this ,act shall not be affected4 ,december #ae1 #bjbb,reported with an amendment