,,ii #aahth ,,congress #ast ,session ,s4 #adji ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #b1 #bjbc,mr4 ,blumenthal 7for himself1 ,mrs4 ,blackburn1 ,mr4 ,lujn1 ,mrs4 ,capito1 ,ms4 ,baldwin1 ,mr4 ,cassidy1 ,ms4 ,klobuchar1 ,ms4 ,ernst1 ,mr4 ,peters1 ,mr4 ,daines1 ,mr4 ,hickenlooper1 ,mr4 ,rubio1 ,mr4 ,warner1 ,mr4 ,sullivan1 ,mr4 ,coons1 ,mr4 ,young1 ,mr4 ,schatz1 ,mr4 ,grassley1 ,mr4 ,murphy1 ,mr4 ,graham1 ,mr4 ,welch1 ,mr4 ,marshall1 ,ms4 ,hassan1 ,mrs4 ,hyde-,smith1 ,mr4 ,durbin1 ,mr4 ,mullin1 ,mr4 ,casey1 ,mr4 ,risch1 ,mr4 ,whitehouse1 ,mrs4 ,britt1 ,mr4 ,scott of ,florida1 ,ms4 ,lummis1 and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,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 ,guidance4,sec4 #aa4 ,enforcement4,sec4 #ab4 ,kids online safety council4,sec4 #ac4 ,effective date4,sec4 #ad4 ,rules of construction and other matters4,sec4 #ae4 ,severability4 #b4 ,definitions ,in this ,act3 7#a7 ,child ,the term child means an individual who is under the age of #ac4 7#b7 ,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 7#c7 ,covered platform 7,a7 ,in general ,the term covered platform means a social media service1 social network1 online video game 7including educational games71 messaging application1 video streaming 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,b7 ,exceptions ,the term covered platform does not include-- 7i7 an entity acting in its capacity as a provider of-- 7,i7 a common carrier service subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and all ,acts amendatory thereof and supplementary thereto2 7,,ii7 a broadband internet access service 7as such term is defined for purposes of section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation72 7,,iii7 an email service2 or 7,,iv7 a wireless messaging service provided through the short messaging service or multimedia messaging service protocols2 7ii7 an organization not organized to carry on business for its own profit or that of its members2 7iii7 any public or private preschool1 elementary1 or secondary school1 or any institution of vocational1 professional1 or higher education2 or 7iv7 a product or service that primarily functions as business-to-business software4 7#d7 ,mental health disorder ,the term mental health disorder has the meaning given the term mental disorder in the ,diagnostic and ,statistical ,manual of ,mental ,health ,disorders1 #eth ,edition 7or the most current successor edition74 7#e7 ,minor ,the term minor means an individual who is under the age of #ag4 7#f7 ,online platform ,the term online platform means any public-facing website1 online service1 online application1 or mobile application that predominantly 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 a particular minor1 including a consumer device identifier associated with a minor4 7#i7 ,personalized recommendation system ,the term personalized recommendation system means a fully or partially automated system used to suggest1 promote1 or rank information based on the personal data of users4 7#aj7 ,sexual exploitation and abuse ,the term sexual exploitation and abuse means any of the following3 7,a7 ,coercion and enticement1 as described in section #bdbb of title #ah1 ,united ,states ,code4 7,b7 ,child sexual abuse material1 as described in sections #bbea1 #bbeb1 #bbeb;,a1 and #bbfj of title #ah1 ,united ,states ,code4 7,c7 ,trafficking for the production of images1 as described in section #bbea;,a of title #ah1 ,united ,states ,code4 7,d7 ,sex trafficking of children1 as described in section #aeia of title #ah1 ,united ,states ,code4 7#aa7 ,targeted advertising 7,a7 ,in general ,the term targeted advertising means displaying an advertisement to an individual where the advertisement is selected based on personal data about the individual to predict the individual's preferences and interests4 7,b7 ,exclusions ,such term does not include-- 7i7 advertising or marketing directed to an individual in response to the individual's request for information or express selection of a product or service2 7ii7 contextual advertising where an advertisement is displayed to an individual based on the content in which the advertisement appears and does not vary based on who the individual is2 or 7iii7 processing personal data solely to measure or report advertising performance1 reach1 or frequency4 #c4 ,duty of care 7a7 ,prevention of harm to minors ,a covered platform shall act in the best interests of a user that the platform knows or reasonably should know is a minor by taking reasonable measures in its design and operation of products and services to prevent and mitigate the following3 7#a7 ,consistent with evidence-informed medical information1 the following mental health disorders3 anxiety1 depression1 eating disorders1 substance use disorders1 and suicidal behaviors4 7#b7 ,patterns of use that indicate or encourage addiction-like behaviors4 7#c7 ,physical violence1 online bullying1 and harassment of the minor4 7#d7 ,sexual exploitation and abuse4 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 alcohol4 7#f7 ,predatory1 unfair1 or deceptive marketing practices1 or other financial harms4 7b7 ,limitation ,nothing in subsection 7a7 shall be construed to require a covered platform to prevent or preclude-- 7#a7 any minor from deliberately and independently searching for1 or specifically requesting1 content2 or 7#b7 the covered platform or individuals on the platform from providing resources for the prevention or mitigation of suicidal behaviors1 substance use1 and other harms1 including evidence-informed information and clinical resources4 #d4 ,safeguards for minors 7a7 ,safeguards for minors 7#a7 ,safeguards ,a covered platform shall provide an individual that the covered platform knows or reasonably should know is a minor with readily accessible and easy-to-use safeguards to1 as applicable-- 7,a7 limit the ability of other individuals to communicate with 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 the 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 the minor2 7,d7 control personalized recommendation systems1 including the right to-- 7i7 opt out of such personalized recommendation systems1 while still allowing the display of content based on a chronological format2 or 7ii7 limit types or categories of recommendations from such systems2 and 7,e7 restrict the sharing of the geolocation of the minor and provide notice regarding the tracking of the minor's geolocation4 7#b7 ,options ,a covered platform shall provide an individual that the covered platform knows or reasonably should know is a minor with readily accessible and easy-to-use options to-- 7,a7 delete the minor's account and delete any personal data collected from1 or shared by1 the minor on the covered platform2 or 7,b7 limit the amount of time spent by the minor on the covered platform4 7#c7 ,default safeguard settings for minors ,a covered platform shall provide that1 in the case of a user that the platform knows or reasonably should know is 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 settings for parents to support an individual that the platform knows or reasonably should know is a minor with respect to the individual's use of the platform4 7#b7 ,requirements ,the parental tools provided by a covered platform shall include-- 7,a7 the ability to manage a minor's privacy and account settings1 including the safeguards and options established under subsection 7a71 in a manner that allows parents to-- 7i7 view the privacy and account settings2 and 7ii7 in the case of a user that the platform knows or reasonably should know is a child1 change and control the privacy and account settings2 7,b7 the ability to restrict purchases and financial transactions by the minor1 where applicable2 and 7,c7 the ability to view metrics of total time spent on the platform4 7#c7 ,notice to minors ,a covered platform shall provide clear and conspicuous notice to an individual that the platform knows or reasonably should know is a minor when tools described in this subsection are in effect and what settings or controls have been applied4 7#d7 ,default tools ,a covered platform shall provide that1 in the case of a user that the platform knows or reasonably should know is 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-- 7,a7 #g days after the receipt of a report1 if1 for the most recent calendar year1 the platform averaged more than #aj1jjj1jjj active users on a monthly basis in the ,united ,states2 7,b7 #ba days after the receipt of a report1 if1 for the most recent calendar year1 the platform averaged less than #aj1jjj1jjj active users on a monthly basis in the ,united ,states2 and 7,c7 notwithstanding subparagraphs 7,a7 and 7,b71 if the report involves an imminent threat to the safety of a minor1 as promptly as needed to address the reported threat to safety4 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 an individual that the covered platform knows or reasonably should know is a minor4 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 the product or service used by minors and their parents4 7#b7 ,dark patterns prohibition ,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 controls required under this section4 7#c7 ,rules of construction ,nothing in this section shall be construed to-- 7,a7 prevent a covered platform from taking reasonable measures to-- 7i7 block1 detect1 or prevent the distribution of unlawful1 obscene1 or other harmful material to minors as described in section #c7;a72 or 7ii7 block or filter spam1 prevent criminal activity1 or protect the security of a platform or service2 or 7,b7 require the disclosure of a minor's browsing behavior1 search history1 messages1 contact list1 or other content or metadata of their communications4 #e4 ,disclosure 7a7 ,notice 7#a7 ,registration ,prior to registration or purchase of a covered platform by an individual that the platform knows or reasonably should know is 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 personalized recommendation systems used by the platform1 pose any heightened risks of harms to minors4 7#b7 ,parental notification 7,a7 ,notice and acknowledgment ,in the case of an individual that a covered platform knows or reasonably should know is a child1 the platform shall additionally provide information about the parental tools and safeguards required under section #d to a parent of the child and obtain express affirmative acknowledgment from the parent prior to the initial use of the covered platform by the child4 7,b7 ,reasonable effort ,a covered platform shall be deemed to have satisfied the requirement described in subparagraph 7,a7 if the covered platform has undertaken a reasonable effort 7taking into consideration available technology7 to ensure a parent receives the information described in such subparagraph and to obtain a parent's express affirmative acknowledgment4 7#c7 ,consolidated notices ,a covered platform may consolidate the process for providing information and 7if applicable7 obtaining parental acknowledgment as required under this subsection with its obligations to obtain consent for data privacy practices1 provided the content of the notice meets the requirements of this subsection4 7#d7 ,rulemaking ,the ,federal ,trade ,commission may issue rules pursuant to section #eec of title #e1 ,united ,states ,code1 to establish templates or models of short-form notices that include the minimum level of information and labels necessary for the disclosures required under paragraph 7#a74 7b7 ,personalized recommendation system ,a covered platform that operates personalized recommendation systems shall set out in its terms and conditions1 in a clear1 conspicuous1 and easy-to-understand manner-- 7#a7 an overview of how those personalized 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 personalized recommendation systems 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 users that the platform knows or reasonably should know are minors shall provide clear1 conspicuous1 and easy-to-understand information and labels to minors on advertisements regarding-- 7,a7 the name of the product1 service1 or brand and the subject matter of an advertisement2 7,b7 why the minor is being targeted for a particular advertisement if the covered platform engages in targeted advertising1 including material information about how the minor's personal data was used to target the advertisement2 and 7,c7 whether particular media displayed to the minor 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 ,federal ,trade ,commission may issue rules pursuant to section #eec of title #e1 ,united ,states ,code1 to establish templates or models of short-form notices that include the minimum level of information and labels necessary for the disclosures required under paragraph 7#a74 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 minors and their parents4 #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 material 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 apply to a covered platform if-- 7#a7 for the most recent calendar year1 the platform averaged more than #aj1jjj1jjj active users on a monthly basis in the ,united ,states2 and 7#b7 the platform predominantly provides a community forum for user-generated content and discussion1 including sharing videos1 images1 games1 audio files1 discussion in a virtual setting1 or other content1 such as acting as a social media platform1 virtual reality environment1 or a social network service4 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 accounting1 based on the data held by the covered platform1 of-- 7i7 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 and 7ii7 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,d7 an accounting of total reports received regarding1 and the prevalence 7which can be based on scientifically valid sampling methods using the content available to the covered platform in the normal course of business7 of content related to1 the harms described in section #c7;a71 disaggregated by category of harm2 and 7,e7 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 assessment 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;a72 7,b7 an assessment of how 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 that 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 assessment of system risks1 including steps taken to-- 7i7 prevent harms to minors1 including adapting or removing system design features or addressing through parental controls2 7ii7 provide the most protective level of control over privacy and safety by default2 and 7iii7 adapt recommendation systems to prioritize the best interests of users who are minors1 as described in section #c7;a72 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 recommendation systems2 7#b7 consult parents and youth experts1 including youth and families with relevant past or current experience1 public health and mental health nonprofit organizations1 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 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 format such that it is reasonably impossible for the data to be linked back to any individual user4 7#b7 ,this section shall not be construed to require the disclosure of information that will lead to material vulnerabilities for the privacy of users or the security of a covered platform's service or create a significant risk of the violation of ,federal or ,state law4 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 #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 7,a7 ,in general ,the term eligible researcher means an individual or group of individuals affiliated with or employed by-- 7i7 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 or 7ii7 a nonprofit organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,limitation ,such term shall not include an individual or group of individuals that is-- 7i7 not located in the ,united ,states2 or 7ii7 affiliated with the government of a foreign adversary 7as defined in section #h7;c77#b7 of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjg7;c77#b7774 7#d7 ,independent research ,the term independent research means the scientific or historical analysis of information that is performed for the primary purpose of advancing understanding1 knowledge1 and remedies regarding the harms to minors described in section #c7;a74 7#e7 ,noncommercial purpose ,the term noncommercial purpose means a purpose that does not involve any direct or indirect use of data sets for the sale1 resale1 solicitation1 rental1 or lease of a service1 or any use by which the user expects a profit1 including the sale to the general public of a publication containing independent research4 7#f7 ,program ,the term ,program means the program established under subsection 7b77#a74 7#g7 ,qualified researcher ,the term qualified researcher means an eligible researcher who is approved by the ,assistant ,secretary to conduct independent research regarding harms to minors under the ,program4 7b7 ,independent ,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 sets from the covered platform for the sole purpose of conducting independent research regarding the harms described in section #c7;a74 7#b7 ,scope of application ,the requirements of this subsection shall apply to a covered platform if-- 7,a7 for the most recent calendar year1 the platform averaged more than #aj1jjj1jjj active users on a monthly basis in the ,united ,states2 and 7,b7 the platform predominantly provides a community forum for user generated content and discussion1 including sharing videos1 images1 games1 audio files1 discussion in a virtual setting1 or other content1 such as acting as a social media platform1 virtual reality environment1 or social network service4 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 sets 7related to harms described in section #c7;a77 that qualify for disclosure to researchers under the program and standards of access for data sets 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 7ii7 evaluation of researcher proposals for alignment with program objectives and scoping2 and 7iii7 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 program1 including rules to ensure that the privacy and safety of users is not infringed by 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 sets 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 sets 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 sets necessary to conduct independent research described in that paragraph4 7ii7 ,limitations ,nothing in this section shall be construed to require a covered platform to provide access to data sets 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 sets 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 sets of the covered platform1 that a qualified researcher enter into a nondisclosure agreement restricting the release of data sets1 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 sets or the requested data sets are not reasonably tailored to application2 or 7,,ii7 providing access to the data sets 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 7iii7 ,alternative means of fulfillment ,as part of an appeal under clause 7i7 that is made on the basis of subclause 7,,ii7 of such clause1 a covered platform shall propose one or more alternative data sets or means of accessing the requested data sets that are appropriate and sufficient to fulfill the purpose of the application1 or shall explain why there are no alternative data sets or means of access which acceptably mitigate the applicable privacy1 security1 or legal concerns4 7,d7 ,timing ,a covered platform for which this provision applies shall participate in the program established under this subsection no later than two years after enactment of this ,act4 7#e7 ,application requirements ,in order to be approved to access data sets from a covered platform1 an eligible researcher shall1 in the application submitted under paragraph 7#a7-- 7,a7 explain the purpose for which the independent research is undertaken2 7,b7 commit to conduct the research for noncommercial purposes2 7,c7 demonstrate a proven record of expertise on the proposed research topic and related research methodologies2 7,d7 if the eligible researcher is seeking access to data sets that include personal data1 explain why the data sets are requested1 and the means through which such data sets shall be accessed are the least sensitive and the most privacy-protective means that will permit completion of the research and not compromise the privacy or safety of users2 and 7,e7 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 sets provided by a covered platform under the program confidential and secure to the specifications set forth under the program rules and the approved application4 7,b7 ,platform confidentiality ,a covered platform shall use reasonable measures to enable researcher access to data sets 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-- 7i7 a ,federal agency to seek access to the data of a covered platform through the program2 or 7ii7 a qualified researcher to transfer or share any data sets provided by a covered platform under the program with a ,federal agency4 7,d7 ,security ,nothing in this subsection shall be construed in a manner that would result in data sets from a covered platform being transferred to the ,government of the ,people's ,republic of ,china or the government of another foreign adversary 7as defined in section #h7;c77#b7 of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjg7;c77#b7774 7c7 ,safe harbor for collection of data for independent research regarding identified harms to minors ,if1 in the course of conducting independent research for noncommercial purposes regarding harms described in section #c7;a7 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 issue guidance for covered platforms seeking to conduct market- and product-focused research on 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 ,timing ,the ,federal ,trade ,commission shall issue such guidance 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 and age verification providers 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 7a7 ,in general ,not later than #ah months 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 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;a72 and 7#b7 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 7b7 ,guidance to schools ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,education1 in consultation with the ,federal ,trade ,commission and the ,kids ,online ,safety ,council established under section #ab1 shall issue guidance to assist to assist elementary and secondary schools in using the notice1 safeguards and tools provided under this ,act and providing information on online safety for students and teachers4 7c7 ,limitation on ,federal ,trade ,commission guidance 7#a7 ,effect of guidance ,no guidance issued by the ,federal ,trade ,commission with respect to this ,act shall-- 7,a7 confer any rights on any person1 ,state1 or locality2 or 7,b7 operate to bind the ,federal ,trade ,commission or any person to the approach recommended in such guidance4 7#b7 ,use in enforcement actions ,in any enforcement action brought pursuant to this ,act1 the ,federal ,trade ,commission-- 7,a7 shall allege a violation of a provision of this ,act2 and 7,b7 may not base such enforcement action on1 or execute a consent order based on1 practices that are alleged to be inconsistent with guidance issued by the ,federal ,trade ,commission with respect to this ,act1 unless the practices are alleged to violate a provision of this ,act4 #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 ,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 health1 substance use disorders1 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 ,act1 including 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 ,rules of construction and other matters 7a7 ,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 7#b7 preempt the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja et seq47 or any rule or regulation promulgated under such ,act2 or 7#c7 authorize any action that would conflict with section #ah7;h7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7h774 7b7 ,protections for privacy ,nothing in this ,act shall 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 a covered platform to implement an age gating or age verification functionality4 7c7 ,compliance ,nothing in this ,act shall be construed to restrict a covered platform's ability to-- 7#a7 cooperate with law enforcement agencies regarding activity that the covered platform reasonably and in good faith believes may violate ,federal1 ,state1 or local laws1 rules1 or regulations2 7#b7 comply with a civil1 criminal1 or regulatory inquiry or any investigation1 subpoena1 or summons by ,federal1 ,state1 local1 or other government authorities2 or 7#c7 investigate1 establish1 exercise1 respond to1 or defend against legal claims4 #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