,,ii  #aahth ,,congress  #ast ,session  
,s4 #efd  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #bh1      
#bjbc,mr4 ,hawley introduced the        
following bill2 which was read twice and
 referred to the ,committee on          
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to permit parents to bring
 a civil action against social media    
companies that fail to provide parental 
access and data control rights with     
respect to the social media accounts of 
minor children1 and for other purposes4 
#a4 ,short title ,this ,act may be cited
 as the ,parental ,data ,rights ,act4   
#b4 ,parental social media account      
access  7a7 ,definitions ,in this       
section3 7#a7 ,contact information ,the 
term contact information1 with respect  
to an individual1 means-- 7,a7 the full 
legal name of the individual2 and  7,b7 
the email address of the individual4    
7#b7 ,covered interactive computer      
service ,the term covered interactive   
computer service means an interactive   

computer service-- 7,a7 that is provided
 through a website1 online application1 
or mobile application 7including a      
single interactive computer service that
 is provided through more than #a such  
website or application72  7,b7 through  
which information provided by another   
information content provider is         
distributed2 and  7,c7 that enables an  
individual user to create an account for
 the purpose of viewing1 generating1 or 
modifying content that can be viewed1   
shared1 or otherwise interacted with by 
other third-party users of the          
interactive computer service4  7#c7     
,information content provider2          
interactive computer service ,the terms 
information content provider and        
interactive computer service have the   
meanings given those terms in section   
#bcj7;f7 of the ,communications ,act of 
#aicd 7#dg ,u4,s4,c4 #bcj7;f774  7#d7   
,minor child ,the term minor child means
 an individual who is younger than #ah  
years of age4  7#e7 ,social media       

company ,the term social media company--
 7,a7 means an entity that provides1 in 
or affecting interstate or foreign      
commerce1 a covered interactive computer
 service2 and  7,b7 does not include an 
organization described in section       
#eja7;c7 of the ,internal ,revenue ,code
 of #aihf and exempt from taxation under
 section #eja7;a7 of such ,code4  7b7   
,parental notification ,a social media  
company that permits a minor child to   
create an account with the social media 
company shall-- 7#a7 at the time the    
minor child creates the account1 require
 the collection of the contact          
information of a parent or guardian of  
that minor child2 and  7#b7 notify the  
parent or guardian1 the contact         
information of whom is collected under  
paragraph 7#a71 regarding the creation  
of the account described in that        
paragraph4  7c7 ,liability ,a social    
media company shall be liable in        
accordance with this section to-- 7#a7  
any individual who requests1 and is     

denied access to1 all data regarding the
 use1 by a minor child in the custody of
 the individual1 of the covered         
interactive computer service provided by
 the social media company2 and  7#b7 any
 individual who requests and is denied  
the ability to delete-- 7,a7 an account 
maintained with the social media company
 by a minor child in the custody of the 
individual2 and  7,b7 all data          
associated with the account described in
 subparagraph 7,a74  7d7 ,private right 
of action  7#a7 ,in general ,an         
individual who makes a request under    
subsection 7c7 7and who is entitled to  
have the applicable social media company
 take action under that subsection in   
response to that request71 may1 if that 
request is denied by the social media   
company1 bring a civil action against   
the social media company in an          
appropriate district court of the       
,united ,states1 or in a ,state court of
 competent jurisdiction1 for-- 7,a7     
injunctive relief2  7,b7 punitive       

damages1 with treble damages available  
if1 because of the negligence or        
inaction of that social media company1  
the individual did not receive from that
 social media company a notification to 
which the individual was entitled under 
subsection 7b77#b72 and  7,c7 attorney's
 fees and costs4  7#b7 ,affirmative     
defense ,it shall be an affirmative     
defense to an action brought against a  
social media company under paragraph    
7#a7 that the social media company1 at  
all relevant times-- 7,a7 took          
reasonable1 affirmative steps to        
ascertain the age of each user of the   
covered interactive computer service    
provided by the social media company2   
and  7,b7 did not know1 and had no      
reason to know1 that the user that is   
the subject of the action was a minor   
child when the user used the covered    
interactive computer service provided by
 the social media company4  7e7         
,effective date2 applicability ,this    
,act-- 7#a7 shall take effect on the    

date that is #ahj days after the date of
 enactment of this ,act2 and  7#b7 shall
 not apply to any use of a covered      
interactive computer service that       
occurred before the effective date      
described in paragraph 7#a74