,,ii #aahth ,,congress #b;d ,session ,s4 #ecfd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bj1 #bjbd,mr4 ,lee introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to provide a private right of action regarding children's exposure to covered content on apps1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,app ,store ,accountability ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,sense of ,congress4,sec4 #c4 ,definitions4,sec4 #d4 ,private right of action4,sec4 #e4 ,safe harbor for covered app store providers4,sec4 #f4 ,severability4,sec4 #g4 ,effective date4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 parents and legal guardians have the right to seek a remedy when their child is exposed to an app that contains covered content2 7#b7 app stores should provide parents and legal guardians with effective tools to protect children from covered content on apps1 including age verification technology1 parental oversight and consent features1 and accurate app age ratings2 and 7#c7 any tool described in paragraph 7#b7 is not effective if the tool-- 7,a7 does not empower parents or legal guardians to protect their child from covered content2 7,b7 is not readily accessible to parents or legal guardians2 or 7,c7 is grossly negligent to loopholes that undermine parents' or legal guardians' ability to protect their child4 #c4 ,definitions ,in this ,act3 7#a7 ,age category ,the term age category means the category of an individual based on their age1 including the following categories3 7,a7 ,adult ,an adult is such an individual who has attained #ah years of age4 7,b7 ,teenager ,a teenager is such an individual who has attained #af years of age but has not attained #ah years of age4 7,c7 ,child ,a child is such an individual who has attained #ac years of age but has not attained #af years of age4 7,d7 ,young child ,a young child is such an individual who has not attained #ac years of age4 7#b7 ,age rating ,the term age rating means a public display that indicates the appropriateness of an app for different age categories4 7#c7 ,app ,the term app means a software application or electronic service that may be run or directed by a user on a computer1 mobile device1 or any other general purpose computing device4 7#d7 ,app store ,the term app store means a publicly available website1 software application1 or other electronic service that distributes and facilitates the download of an app from a third-party developer by a user of a computer1 mobile device1 or any other general purpose computing device4 7#e7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#f7 ,covered app store provider ,the term covered app store provider means any person that owns or controls an app store available in the ,united ,states and for which users in the ,united ,states exceed #e1jjj1jjj4 7#g7 ,covered content ,the term covered content means-- 7,a7 any picture1 image1 graphic image file1 film1 videotape1 or other visual depiction that-- 7i7 taken as a whole and with respect to minors1 appeals to a prurient interest in nudity1 sex1 or excretion2 7ii7 depicts1 describes1 or represents an actual or simulated sexual act or sexual contact1 actual or simulated normal or perverted sexual acts1 or a lewd exhibition of the genitals1 with the objective intent to arouse1 titillate1 or gratify the sexual desires of a person2 and 7iii7 taken as a whole1 lacks serious literary1 artistic1 political1 or scientific value as to minors2 7,b7 any graphic image or video of real or simulated violence2 or 7,c7 a social or messaging forum whereby a user may interact directly or indirectly with users that are minors4 7#h7 ,developer ,the term developer means any person that owns or controls an app on the app store of a covered app store provider and available in the ,united ,states4 7#i7 ,injury ,the term injury means a reasonable1 articulable harm that results from an exposure to covered content4 7#aj7 ,minor ,the term minor means an individual who has not attained #ah years of age4 7#aa7 ,mobile device ,the term mobile device means a tablet or smart phone that is capable of running a mobile operating system4 7#ab7 ,mobile operating system ,the term mobile operating system means a set of software that manages mobile device hardware resources and provides common services for mobile device programs4 7#ac7 ,parent ,the term parent1 with respect to a minor1 means an adult with the legal right to make decisions on behalf of the minor1 including-- 7,a7 a natural parent2 7,b7 an adoptive parent2 7,c7 a legal guardian2 or 7,d7 an individual with legal custody over the minor4 7#ad7 ,signal ,the term signal means age bracketed data sent by a real-time secure application programming interface or operating system that is likely to be accessed by minors4 7#ae7 ,verifiable parental consent ,the term verifiable parental consent means authorization that is provided-- 7,a7 by a parent who a covered app store provider has verified is an adult2 7,b7 in response to a disclosure from a covered app store provider that identifies what is specifically being consented to1 including the age rating for the app or in-app purchase at issue2 and 7,c7 in response to a clear choice to consent or to decline to consent to the request from the covered app store provider4 #d4 ,private right of action 7a7 ,in general ,subject to section #e1 any parent of a minor alleging an injury to the minor as a result of exposure to covered content on an app of a covered app store may bring a civil action against the covered app store provider in an appropriate district court of the ,united ,states4 7b7 ,relief ,in a civil action brought under subsection 7a7 in which the plaintiff prevails1 the court may award-- 7#a7 actual damages2 7#b7 punitive damages2 7#c7 reasonable attorney fees and litigation costs2 and 7#d7 any other relief1 including equitable or declaratory relief1 that the court determines appropriate4 #e4 ,safe harbor for covered app store providers 7a7 ,in general ,subject to subsection 7c71 no cause of action shall lie against a covered app store provider under section #d if the covered app store provider performs the following activities1 as determined by the ,commission in accordance with subsection 7b73 7#a7 ,age verification ,determine the age category for each individual in the ,united ,states that uses the app store of such provider and verify such individual's age using commercially reasonable methods4 7#b7 ,parental oversight of app store usage ,obtain verifiable parental consent prior to allowing a minor to use the app store of such provider1 including by providing a mechanism for a parent to block a minor from downloading any app that is not suitable for the age category of the minor4 7#c7 ,parental oversight of app downloads ,obtain verifiable parental consent1 on a download-by-download basis1 prior to allowing a minor to download an app from the app store of such provider1 including by providing an easily accessible mechanism for a parent to consent to the download of an app4 7#d7 ,parental oversight of app purchases ,obtain verifiable parental consent1 on a purchase-by-purchase basis1 prior to allowing a minor to purchase any app through the app store of such provider1 and such consent shall be valid for up to #g days4 7#e7 ,parental oversight of in-app purchases ,obtain verifiable parental consent1 on a purchase-by-purchase basis1 prior to allowing a minor to make an in-app purchase through the app store of such provider4 7#f7 ,parental oversight of app usage ,with respect to any covered app store provider that owns or controls a mobile device's mobile operating system1 to the extent practicable1 provide to parents a clear and easy mechanism to set-- 7,a7 filters that prevent a minor from accessing any adult website on the web browser of the mobile device2 and 7,b7 usage limits1 including daily limits and limitations during school and evening hours4 7#g7 ,app age rating display ,to the extent the covered app store provider displays age ratings or descriptions of content1 clearly and prominently display the age rating or description of content for each app available in the app store of the provider1 including information regarding the minimum age category suitable for usage of an app4 7#h7 ,age category signal to developers ,provide to developers the ability to determine1 in real time1 the age category of any user and1 with respect to any user that is a minor1 whether the covered app store provider has obtained verifiable parental consent in accordance with this section4 7#i7 ,developer standards ,certify that any developer of an app on the covered app store performs the following activities1 and remove any developer or app from the covered app store that fails to perform such activities or sells age category data for any reason3 7,a7 ,app age rating ,to the extent that a developer provides age ratings or descriptions of content to users1 the developer shall-- 7i7 clearly provide to a user the description of content and clearly identify the age category eligible for usage of an app2 and 7ii7 provide such information to each app store available in the ,united ,states4 7,b7 ,parental oversight of app usage ,to the extent technically feasible1 the developer shall use the application programming interface of a covered app store provider to verify-- 7i7 the age category of its users2 and 7ii7 in the case of a minor1 whether verifiable parental consent has been obtained before allowing the use of the app or in-app purchases4 7,c7 ,time restrictions ,the developer shall provide readily available features for a parent to implement time restrictions with respect to the app of such developer1 including the ability to view metrics reflecting the amount of time that a minor is using the app and set daily time limits on a minor's use of such app4 7,d7 ,use of app store provider signal ,each developer shall use a covered app store provider's signal to determine the age category of a user4 7b7 ,determination of eligibility 7#a7 ,in general ,upon request by a covered app store provider1 in such form and manner as the ,commission shall prescribe1 the ,commission shall-- 7,a7 review the policies of the provider that are relevant to the requirements described in subsection 7a7 to determine whether the provider is eligible for the safe harbor described in such subsection2 and 7,b7 not later than #cj days after receiving such request1 submit to ,congress and make publicly available a notice confirming the safe harbor eligibility of the provider if the ,commission determines that the provider-- 7i7 meets the requirements described in subsection 7a72 and 7ii7 does not permit1 or quickly remedies1 any method of circumventing the protections described in such subsection4 7#b7 ,updates to policies ,in the event that a covered app store provider updates any policy that is relevant to the requirements described in subsection 7a71 the provider shall notify the ,commission of such update to ensure that such update does not impact the safe harbor eligibility of the provider under paragraph 7#a74 7#c7 ,complaints 7,a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,commission shall establish a mechanism to receive complaints regarding the compliance of any covered app store provider determined to be eligible for safe harbor under paragraph 7#a7 with the requirements described in subsection 7a74 7,b7 ,review ,the ,commission shall regularly review any complaints received through such mechanism and1 if necessary1 evaluate the relevant provider's continued eligibility for safe harbor4 7#d7 ,period of eligibility ,the ,commission's determination of safe harbor eligibility with respect to a covered app store provider shall be valid for #a year4 7#e7 ,congressional review ,each determination of eligibility made by the ,commission under paragraph 7#a7 shall be considered an agency rule subject to chapter #h of title #e1 ,united ,states ,code1 for purposes of a joint resolution of disapproval1 except that-- 7,a7 the #fj-;day period for filing a joint resolution under section #hjb7;a7 of such title shall not apply2 and 7,b7 a joint resolution of disapproval may contain one or more such agency rules described in paragraph 7#a74 7c7 ,disqualifying activity ,the safe harbor described in subsection 7a7 shall not apply if the ,commission determines that the covered app store provider-- 7#a7 sells age category data for any reason2 or 7#b7 acts in a manner contrary to the sense of ,congress described in section #b4 7d7 ,rules of construction ,nothing in this section shall be construed-- 7#a7 to prevent a covered app store provider from taking reasonable measures to block1 detect1 or prevent the distribution of unlawful1 obscene1 or other harmful material to minors1 to block or filter spam1 to prevent criminal activity1 or to protect the security of an app store or app2 7#b7 to require a covered app store provider to disclose to a developer any information about a user other than such user's age category and1 with respect to any user that is a minor1 whether the covered app store provider has obtained verifiable parental consent in accordance with this section2 7#c7 to allow a covered app store provider to use any measures required by this section in a way that is arbitrary1 capricious1 anti-competitive1 or unlawful2 or 7#d7 to affect or restrict the expression of political1 religious1 or other viewpoints4 #f4 ,severability ,if any provision of this ,act1 or the application thereof to any person or circumstance1 is held invalid1 the remainder of this ,act1 and the application of such provision to other persons not similarly situated or to other circumstances1 shall not be affected by the invalidation4 #g4 ,effective date ,except as otherwise provided in this ,act1 this ,act shall take effect on the date that is #a year after the date of enactment of this ,act4