,,ii #aahth ,,congress #ast ,session ,s4 #abia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bf1 #bjbc,mr4 ,schatz 7for himself1 ,mr4 ,cotton1 ,mr4 ,murphy1 and ,mrs4 ,britt7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require that social media platforms verify the age of their users1 prohibit the use of algorithmic recommendation systems on individuals under age #ah1 require parental or guardian consent for social media users under age #ah1 and prohibit users who are under age #ac from accessing social media platforms4 #a4 ,short title ,this ,act may be cited as the ,protecting ,kids on ,social ,media ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,algorithmic recommendation system ,the term algorithmic recommendation system means a fully or partially automated system that suggests1 promotes1 or ranks information for1 or presents advertising to1 an individual4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,individual ,the term individual means a social media platform user who habitually resides in the ,united ,states4 7#d7 ,minor ,the term minor means an individual who is at least #ac years of age but under #ah years of age4 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 7#f7 ,social media platform ,the term social media platform means an online application or website that-- 7,a7 offers services to users in the ,united ,states2 7,b7 allows users to create accounts to publish or distribute to the public or to other users text1 images1 videos1 or other forms of media content2 and 7,c7 provides the functions described in paragraph 7,b7 other than in support of-- 7i7 facilitating commercial transactions2 7ii7 facilitating teleconferencing and videoconferencing features that are limited to certain participants in the teleconference or videoconference and are not posted publicly or for broad distribution to other users2 7iii7 facilitating subscription-based content or newsletters2 7iv7 facilitating crowd-sourced content for reference guides such as encyclopedias and dictionaries2 7v7 providing cloud-based electronic storage1 including cloud-based storage that allows collaborative editing by invited users2 7vi7 making video games available for play by users2 7vii7 reporting or disseminating news2 7viii7 providing other kinds of information concerning businesses1 products1 or travel information1 including user reviews or rankings of such businesses1 products1 or other travel information2 7ix7 providing educational information or instruction on behalf of or in support of an elementary school or secondary school1 as such terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja72 7x7 facilitating electronic mail or direct messaging between users 7except for message boards or applications where users can add themselves to messaging groups consisting of large numbers of users7 consisting of text1 photos1 or videos that are not posted publicly and are visible only to the senders and recipients2 or 7xi7 any other function that provides content to end users but does not allow the dissemination of user-generated content4 #c4 ,reasonable steps for age verification 7a7 ,in general ,a social media platform shall take reasonable steps beyond merely requiring attestation1 taking into account existing age verification technologies1 to verify the age of individuals who are account holders on the platform4 7b7 ,restriction on use and retention of information ,a social media platform shall not-- 7#a7 use any information collected as part of the platform's age verification process for any other purpose2 or 7#b7 retain any information collected from a user as part of the age verification process except to the extent necessary to prove that the platform has taken reasonable steps to verify the age of the user4 7c7 ,rule of construction ,nothing in this section shall be construed to require a social media platform to require users to provide government-issued identification for age verification4 7d7 ,existing accounts ,a social media platform shall not be required to verify the age of account holders on the platform for any account that1 as of the date of enactment of this ,act1 has existed for #ij days or more1 until #b years after the date of enactment of this ,act4 7e7 ,unverified accounts ,a social media platform shall not permit an individual to create a user account 7or continue to use an existing user account after the date that is #b years after the date of enactment of this ,act7 if the individual's age has not been verified4 7f7 ,safe harbor ,a social media platform that1 for age verification purposes1 relies in good faith on information provided by the ,pilot ,program described in section #g to verify the age of a user shall be deemed to have taken reasonable steps to verify the age of that user on the platform4 #d4 ,no children under #ac ,a social media platform shall not permit an individual to use the platform 7other than merely viewing content1 as long as such viewing does not involve logging in or interacting with the content or other users7 unless the individual is known or reasonably believed to be age #ac or older according to the age verification process used by the platform4 #e4 ,parent or guardian consent for minors 7a7 ,in general ,a social media platform shall take reasonable steps beyond merely requiring attestation1 taking into account current parent or guardian relationship verification technologies and documentation1 to require the affirmative consent of a parent or guardian to create an account for any individual who the social media platform knows or reasonably believes to be a minor according to the age verification process used by the platform4 7b7 ,restriction on use and retention of information ,a social media platform shall not-- 7#a7 use any information collected as part of the parent or guardian consent process for any other purpose2 or 7#b7 retain any information collected as part of the parent or guardian verification process except to the extent necessary to-- 7,a7 provide confirmation of the affirmative consent of a parent or guardian for a minor user to create an account2 7,b7 preserve the ability of the parent or guardian to revoke such consent2 and 7,c7 prove that the platform has taken reasonable steps to obtain the affirmative consent of a parent or guardian for a minor user to create an account4 7c7 ,ability ,to revoke consent ,a social media platform shall take reasonable steps to provide a parent or guardian who has consented to their child's social media use with the ability to revoke such consent4 7d7 ,effect of revocation of consent ,a social media platform that receives a revocation of consent under subsection 7c7 shall suspend1 delete1 or otherwise disable the account of the minor user for whom consent was revoked4 7e7 ,rule of construction ,nothing in this section shall be construed to require a social media platform to require minor users or their parents or guardians to provide government-issued identification for relationship verification or the provision of affirmative consent to create an account4 7f7 ,safe harbor ,a social media platform that1 for parent or guardian relationship verification purposes1 relies in good faith on information provided by the ,pilot ,program described in section #g shall be deemed to have taken reasonable steps to verify the parent or guardian relationship of the parent or guardian granting consent for a minor user to create an account under this section4 #f4 ,prohibition on the use of algorithmic recommendation systems on teens under #ah 7a7 ,in general ,a social media platform shall not use the personal data of an individual in an algorithmic recommendation system unless the platform knows or reasonably believes that the individual is age #ah or older according to the age verification process used by the platform4 7b7 ,rule of construction ,the prohibition in subsection 7a7 shall not be construed to prevent the suggestion of information or provision of advertising to an individual based on context where the information or advertising is related to the content being viewed by the individual1 as long as such information is suggested or advertising is provided solely based on context and is not targeted or recommended based on personal data of the individual4 #g4 ,secure digital identification credential pilot program 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,commerce 7referred to in this section as the ,secretary7 shall establish a pilot program 7referred to in this ,act as the ,pilot ,program7 for providing a secure digital identification credential to individuals who are citizens and lawful residents of the ,united ,states at no cost to the individual4 7b7 ,pilot program parameters ,the ,pilot ,program shall do the following3 7#a7 ,allow individuals to verify their age1 or their parent or guardian relationship with a minor user1 by uploading copies of government-issued and other forms of identification 7such as records issued by an educational institution71 or by validating the authenticity of identity information provided by the individual using electronic records of ,state departments of motor vehicles1 the ,internal ,revenue ,service1 the ,social ,security ,administration1 ,state agencies responsible for vital records1 or other governmental or professional records providers that the ,secretary determines are able to reliably assist in the verification of identity information4 7#b7 ,meet or exceed the highest cybersecurity standards expected of secure consumer products such as financial or healthcare records or that are required to obtain access to government systems4 7#c7 ,provide users with the ability to-- 7,a7 obtain a secure digital identification credential that they may use to verify their age or parent or guardian relationship with enrolled social media platforms2 and 7,b7 control what data they choose to allow the pilot program to share with a social media platform1 without sharing copies of the underlying verification documents or any information that the user does not affirmatively agree to share with those social media platforms4 7#d7 ,not retain copies of underlying governmental records after verifying the information provided by the user4 7#e7 ,provide users with the ability to disable or delete their secure digital identification credential and any associated records kept by the ,pilot ,program at any time4 7#f7 ,keep no records of the social media platforms where users have verified their identity using a secure digital identification credential1 other than aggregate data that is anonymized so that it cannot be linked to individual users4 7c7 ,access ,information regarding individual users of the ,pilot ,program shall be confidential1 and no officer or employee of the ,united ,states1 or any other person who has or had access to such information due to their involvement with the ,pilot ,program1 shall disclose any such information to any entity1 including law enforcement agencies1 except-- 7#a7 with the consent of the user2 7#b7 in connection with oversight by an ,inspector ,general related to the proper implementation of this ,act2 7#c7 in connection with an investigation into a user for committing fraud against the ,pilot ,program2 or 7#d7 pursuant to a court order4 7d7 ,voluntary program ,the ,pilot ,program described in subsection 7a7 shall be voluntary1 and nothing in this ,act shall be construed to require any individual or social media platform to use the ,pilot ,program4 7e7 ,social media platform enrollment 7#a7 ,the ,secretary may establish regulations for social media platform enrollment in the ,pilot ,program to ensure that enrolled social media platforms employ appropriate privacy and technical protections sufficient to prevent the abuse or improper release of ,pilot ,program information relating to individual users4 7#b7 ,the ,secretary may revoke the enrollment of any social media platform to protect the integrity and security of the ,pilot ,program information4 7f7 ,authority ,to enter agreements ,the ,secretary shall have the authority to enter into memoranda of agreement with ,federal1 ,state1 tribal1 or nongovernmental entities1 including entering into contracts with private identity verification technology providers1 to facilitate the establishment and operation of the ,pilot ,program4 7g7 ,design report to congress ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives1 a report outlining the proposed design of the ,pilot ,program1 including estimated costs and the identification of any legal or other barriers identified as impeding the creation and functioning of the ,pilot ,program4 7h7 ,allowable use ,the ,pilot ,program shall be used only to establish online age verification and parental consent for purposes of social media platform participation1 and may not be used to establish eligibility for any government benefit or legal status4 7i7 ,sunset ,the ,pilot ,program shall end on the later of-- 7#a7 ,september #cj of the eighth year that begins after the date of enactment of this ,act2 and 7#b7 ,september #cj of the fifth year that begins after the date on which the ,pilot ,program begins providing secure digital identification credentials to individuals4 7j7 ,authorization ,there are authorized to be appropriated to the ,secretary such sums as may be necessary to carry out the provisions of this section4 #h4 ,enforcement 7a7 ,enforcement by ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of this ,act by a social media platform 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 ,commission 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,commission shall enforce 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 ,except as provided in subparagraph 7,c71 any person who violates this ,act shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,nonprofit organizations and common carriers ,notwithstanding section #d or #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b77 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act1 in the same manner provided in subparagraphs 7,a7 and 7,b7 of this paragraph1 with respect to-- 7i7 organizations not organized to carry on business for their own profit or that of their members2 and 7ii7 common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq474 7b7 ,enforcement by ,states 7#a7 ,authorization ,subject to paragraph 7#c71 in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of the ,state has been or is threatened or adversely affected by the engagement of a social media platform in a practice that violates this ,act1 the attorney general of the ,state may1 as parens patriae1 bring a civil action against the online service provider or person on behalf of the residents of the ,state in an appropriate district court of the ,united ,states to obtain appropriate relief1 including civil penalties in the amount determined under paragraph 7#b74 7#b7 ,civil penalties ,a social media platform that is found1 in an action brought under paragraph 7#a71 to have knowingly or repeatedly violated sections this ,act shall1 in addition to any other penalty otherwise applicable to a violation of this ,act1 be liable for a civil penalty equal to the amount calculated by multiplying-- 7,a7 the greater of-- 7i7 the number of days during which the social media platform was not in compliance with that section2 or 7ii7 the number of end users who were harmed as a result of the violation2 by 7,b7 an amount not to exceed the maximum civil penalty for which a person1 partnership1 or corporation may be liable under section #e7m77#a77;,a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7m77#a77;,a77 7including any adjustments for inflation74 7#c7 ,rights of ,federal ,trade ,commission 7,a7 ,notice to ,federal ,trade ,commission 7i7 ,in general ,except as provided in clause 7iii71 the attorney general of a ,state shall notify the ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 before initiating the civil action4 7ii7 ,contents ,the notification required under clause 7i7 with respect to a civil action 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 ,federal ,trade ,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#d7 ,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-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary or other evidence4 7#e7 ,preemptive action by ,federal trade commission ,if the ,commission institutes a civil action or an administrative action with respect to a violation of this ,act1 the attorney general of a ,state may not1 during the pendency of the action1 bring a civil action under paragraph 7#a7 against any defendant named in the complaint of the ,commission based on the same set of facts giving rise to the alleged violation with respect to which the ,commission instituted the action4 7#f7 ,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 another court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7#g7 ,actions by other ,state officials 7,a7 ,in general ,in addition to civil actions brought by attorneys general under paragraph 7#a71 any other consumer protection officer of a ,state who is authorized by the ,state to do so may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general4 7,b7 ,savings provision ,nothing in this subsection may be construed to prohibit an authorized official of a ,state from initiating or continuing any proceeding in a court of the ,state for a violation of any civil or criminal law of the ,state4 7c7 ,extraterritorial jurisdiction ,there is extraterritorial jurisdiction over any violation of this ,act if such violation involves an individual in the ,united ,states or if any act in furtherance of the violation was committed in the ,united ,states4 #i4 ,effective date ,this ,act shall take effect #a year after the date of enactment of this ,act4