,i #aaith ,,congress #ast ,session ,h4 ,r4 #fdhd ,,in ,,the ,,house ,,of ,,representatives ,december #e1 #bjbe,mr4 ,bilirakis introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to protect the safety of minors on the internet1 and for other purposes4 #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 ,preventing harm to minors4 ,sec4 #d4 ,safeguards for minors4 ,sec4 #e4 ,disclosure4 ,sec4 #f4 ,audit2 report4 ,sec4 #g4 ,enforcement4 ,sec4 #h4 ,kids ,online ,safety ,council4 ,sec4 #i4 ,rules of construction4 ,sec4 #aj4 ,relationship to ,state laws4 ,sec4 #aa4 ,effective date4 ,sec4 #ab4 ,severability4 #b4 ,definitions ,in this ,act3 7#a7 ,child ,the term child means an individual who is under the age of #ac4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,compulsive usage ,the term compulsive usage means a persistent and repetitive use of a covered platform that substantially limits one or more major life activities of an individual 7described in section #c7b7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb7b7774 7#d7 ,covered platform ,the term covered platform means a platform that is a website1 software1 application1 or electronic service connected to the internet that-- 7,a7 is publicly available for use by consumers2 7,b7 enables the creation of a username or user identifier-- 7i7 that is searchable on the platform2 and 7ii7 that can be followed by or is similarly accessible to other users of the platform2 7,c7 as the predominant purpose of the platform1 facilitates the sharing and access to user-generated content through text1 images1 video1 audio1 or any other interactive medium2 7,d7 uses a design feature to promote user engagement on the platform2 and 7,e7 uses the personal information of the user to advertise1 market1 or make content recommendations4 7#e7 ,design feature ,the term design feature-- 7,a7 means any feature or component of a covered platform that encourages or increases the frequency1 time spent1 or activity of a user on the covered platform2 and 7,b7 includes any of the following3 7i7 ,infinite scrolling or auto play4 7ii7 ,rewards or incentives based on the frequency1 time spent1 or activity of a user on the covered platform4 7iii7 ,notifications and push alerts4 7iv7 ,badges or other visual award symbols based on the frequency1 time spent1 or activity of a minor on the covered platform4 7v7 ,appearance altering filters4 7#f7 ,know2 knows ,the term know or knows means to have actual knowledge or to have acted in willful disregard4 7#g7 ,minor ,the term minor means an individual who is under the age of #ag4 7#h7 ,narcotic drug ,the term narcotic drug has the meaning given that term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#i7 ,parent ,the term parent means the legal guardian of a minor4 7#aj7 ,personal information ,the term personal information has the meaning given that term in section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja74 7#aa7 ,physical violence ,the term physical violence has the meaning given the term crime of violence under section #af of title #ah1 ,united ,states ,code4 7#ab7 ,sexual exploitation and abuse ,the term sexual exploitation and abuse means any of the following3 7,a7 ,any offense1 including coercion and enticement1 as described in section #bdbb of title #ah1 ,united ,states ,code4 7,b7 ,child pornography1 as defined in section #bbef of title #ah1 ,united ,states ,code4 7,c7 ,trafficking for the production of images1 as described in section #bbea of title #ah1 ,united ,states ,code4 7,d7 ,any offense described in section #aeia of title #ah1 ,united ,states ,code4 7#ac7 ,state ,the term ,state means each ,state of the ,united ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4 7#ad7 ,user ,the term user means1 with respect to a covered platform1 an individual who registers an account or creates a profile on the covered platform4 7#ae7 ,verifiable parental consent ,the term verifiable parental consent has the meaning given that term in section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja774 #c4 ,preventing harm to minors 7a7 ,in general ,a covered platform shall establish1 implement1 maintain1 and enforce reasonable policies1 practices1 and procedures that address the following harms to minors3 7#a7 ,threats of physical violence4 7#b7 ,sexual exploitation and abuse4 7#c7 ,distribution1 sale1 or use of narcotic drugs1 tobacco products1 cannabis products1 gambling1 or alcohol4 7#d7 ,any financial harm caused by deceptive practices4 7b7 ,considerations ,the policies1 practices1 and procedures required under subsection 7a7 shall be appropriate to each of the following3 7#a7 ,the size and complexity of the covered platform4 7#b7 ,the technological feasibility of addressing the harms described in subsection 7a74 7c7 ,rules of construction 7#a7 ,search for information and resources permitted ,nothing in subsection 7a7 may be construed to require a covered platform to prevent or preclude any minor from-- 7,a7 deliberately and independently searching for1 or specifically requesting1 content2 or 7,b7 accessing resources and information regarding the prevention or mitigation of the harms described in subsection 7a74 7#b7 ,first amendment ,nothing in this section may be construed to allow a government entity to enforce subsection 7a7 based upon the viewpoint of users expressed by or through any speech1 expression1 or information protected by the ,first ,amendment to the ,constitution of the ,united ,states4 #d4 ,safeguards for minors 7a7 ,safeguards for minors 7#a7 ,safeguards ,a covered platform shall provide a user or visitor to the covered platform1 that the covered platform knows is a minor1 with readily accessible and easy-to-use safeguards to1 as applicable1 do each of the following3 7,a7 ,limit the ability of other users or visitors to communicate with the minor4 7,b7 ,limit by default design features that result in compulsive usage of the covered platform by the minor4 7#b7 ,option ,a covered platform shall provide a user that the covered platform knows is a minor with a readily accessible and easy-to-use option to 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 or visitor that the platform knows is a minor1 the default setting for any safeguard described under paragraph 7#a7 is the option available on the platform that provides the most protective level of control that is offered by the platform with respect to privacy and safety for that user or visitor4 7b7 ,parental tools 7#a7 ,tools ,a covered platform shall provide readily accessible and easy-to-use parental tools for parents to support a user that the platform knows is a minor with respect to the use of the platform by that user4 7#b7 ,requirements ,the parental tools provided by a covered platform under paragraph 7#a7 include each of the following3 7,a7 ,the ability to manage the privacy and account settings of a minor1 including any safeguard and option 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 is a child1 change and control the privacy and account settings4 7,b7 ,the ability to restrict purchases and financial transactions by the minor1 if applicable4 7,c7 ,the ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by the minor4 7#c7 ,notice to minors ,a covered platform shall provide clear and conspicuous notice to a user when the tools described in this subsection are in effect and what settings or controls have been applied4 7#d7 ,default tools for children ,in the case of a user that the platform knows is a child1 a covered platform shall enable the tools required under paragraph 7#a7 by default4 7#e7 ,application to existing accounts ,if1 before the effective date of this subsection1 a covered platform provides a parent of a user that the platform knows is a child with notice and the ability to enable the parental tools described under this subsection in a manner that would otherwise comply with this subsection1 and the parent opted out of enabling such tools1 the covered platform is not required to enable such tools with respect to such user by default on and after the date on which this subsection takes effect4 7c7 ,reporting mechanism 7#a7 ,reporting tools ,a covered platform shall provide each of the following3 7,a7 ,a readily accessible and easy-to-use means for a user and visitor to a covered platform to submit a report to the covered platform of any harm to a minor related to use of the covered platform4 7,b7 ,an electronic point of contact specific to matters involving harms to a minor4 7,c7 ,confirmation of the receipt of such report and1 within the applicable time period described in paragraph 7#b71 a substantive response to the individual that submitted the report4 7#b7 ,timing ,a covered platform shall establish an internal process to receive and substantively respond to a report submitted under paragraph 7#a7 in a reasonable and timely manner1 but in no case later than-- 7,a7 #aj days after the date on which the report is received2 and 7,b7 notwithstanding subparagraph 7,a71 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 drugs1 cannabis products1 tobacco products1 gambling1 or alcohol to an individual that the covered platform knows is a minor4 7e7 ,rules of application 7#a7 ,accessibility ,with respect to safeguards and parental tools described under subsections 7a7 and 7b71 a covered platform shall provide each of the following3 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 tools4 7,b7 ,readily accessible and easy-to-use controls to enable or disable safeguards or parental tools1 as appropriate4 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 ,timing considerations2 application of changes to offline devices or accounts ,if the device of a user or user account does not have access to the internet at the time of a change to parental tools1 a covered platform shall apply changes the next time the device or user is connected to the internet4 7f7 ,rules of construction ,nothing in this section may be construed to do any of the following3 7#a7 ,prevent a covered platform from taking reasonable measures to-- 7,a7 block1 detect1 or prevent the distribution of unlawful1 obscene1 or other harmful material to minors as described in section #c7;a72 or 7,b7 block or filter spam1 prevent criminal activity1 or protect the security of a platform or service4 7#b7 ,require the disclosure of the browsing behavior1 search history1 messages1 contact list1 or other content or metadata of the communications of a minor4 7#c7 ,prevent a covered platform from entering into an agreement with a third party1 whose primary or exclusive function is to provide the safeguards or parental tools required under subsections 7a7 and 7b7 or to assist with meeting the requirements described under subsections 7a7 and 7b74 7#d7 ,prevent a parent or user from authorizing a third party described in subparagraph 7#c7 to implement such safeguards or parental tools required under subsections 7a7 and 7b74 #e4 ,disclosure 7a7 ,notice 7#a7 ,registration or purchase ,before any registration or purchase on a covered platform by an individual that the platform knows is a minor1 the platform shall provide clear1 conspicuous1 and easy-to-understand notice on each of the following3 7,a7 ,the policies and practices of the covered platform with respect to safeguards for minors4 7,b7 ,information about how to access the safeguards and parental tools required under section #d4 7#b7 ,notification 7,a7 ,notice and acknowledgment ,in the case of an individual that a covered platform knows is a child1 the platform shall provide information about the parental tools and safeguards required under section #d to a parent of the child and obtain verifiable parental consent4 7,b7 ,reasonable effort ,a covered platform shall be deemed to have satisfied the requirement described in subparagraph 7,a7 if the covered platform is in compliance with the requirements of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja et seq47 to use reasonable efforts 7taking into consideration available technology7 to provide a parent with the information described in subparagraph 7,a7 and to obtain verifiable parental consent4 7#c7 ,consolidated notices ,for purposes of this section1 a covered platform may consolidate the process for providing information and obtaining verifiable parental consent or the consent of the minor involved 7as applicable7 required under this subsection with the obligations of the covered platform to provide relevant notice and obtain verifiable parental consent under the ,children's ,online ,privacy ,protection ,act of #aiih4 7b7 ,advertising and marketing information and labels ,a covered platform shall provide clear1 conspicuous1 and easy-to-understand labels and information1 which may be provided through a link to another web page or disclosure1 to minors on advertisements regarding the disclosure of endorsements of products1 services1 or brands made for commercial consideration by other users of the platform4 #f4 ,audit2 report 7a7 ,audit required ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 a covered platform shall have an independent1 third-party auditor conduct an independent1 third-party audit of the covered platform4 7b7 ,audit specifications 7#a7 ,criteria ,in conducting an audit required by subsection 7a71 an independent1 third-party auditor shall do the following3 7,a7 ,consider widely accepted or evidence-based approaches1 best practices1 frameworks1 and methods related to the measures1 safeguards for minors1 and parental tools required under this ,act4 7,b7 ,consider widely accepted or evidence-based approaches1 best practices1 frameworks1 and methods related to identifying1 preventing1 and mitigating the harms to minors listed in section #c7;a7 of this ,act4 7,c7 ,consult with parents 7including parents with relevant experience71 public health and mental health nonprofit organizations1 health and development organizations1 and experts in freedom of expression about methods to identify1 prevent1 and mitigate such harms4 7#b7 ,contents ,an audit required by subsection 7a7 shall include the following3 7,a7 ,an assessment of the extent to which the relevant covered platform is likely to be accessed by minors1 including differences between children and teens4 7,b7 ,an accounting of the following3 7i7 ,the number of users using such covered platform that such covered platform knows to be minors located in the ,united ,states4 7ii7 ,the median and mean amounts of time spent on such covered platform by such users during the year in which such audit is conducted4 7iii7 ,a description of the policies1 practices1 and procedures implemented to address the harms described in section #c4 7iv7 ,the number of times that the safeguards for minors described in section #d7;a7 have been exercised during the year in which such audit is conducted4 7v7 ,the number of times that the parental tools described in section #d7;b7 have been exercised during the year in which such audit is conducted4 7vi7 ,the number of reports received by such covered platform through the reporting mechanism described in section #d7;c7 during the year in which such audit is conducted4 7,c7 ,a description of such safeguards for minors and parental tools that are available to minors and parents on such covered platform4 7,d7 ,a description of how such covered platform handles reports received through such reporting mechanism1 including the rate of response to such a report and the timeliness and substantiveness of any such response4 7,e7 ,a description of whether1 how1 and for what purpose such covered platform collects or processes categories of personal information of minors4 7,f7 ,if the covered platform has a process used to create1 implement1 or evaluate the impact of a design feature of the covered platform used by minors1 a description of such process4 7#c7 ,cooperation by covered platform ,a covered platform shall facilitate an audit of the covered platform required by subsection 7a7 by doing the following3 7,a7 ,provide or otherwise make available to the independent1 third-party auditor that conducts such audit all information and materials in the possession1 custody1 or control of such covered platform relevant to such audit4 7,b7 ,provide or otherwise make available to such auditor access to all networks1 systems1 and assets relevant to such audit4 7,c7 ,disclose all material facts to such auditor and not misrepresent any material fact4 7c7 ,report to ,commission ,not later than #cj days after the date on which an audit required by subsection 7a7 is completed1 the relevant covered platform shall submit to the ,commission the results of the audit4 #g4 ,enforcement 7a7 ,enforcement by ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of this ,act shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7#b7 ,powers of ,commission ,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 ,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 ,act4 7b7 ,actions by ,states 7#a7 ,in general ,in any case in which the attorney general of a ,state1 or an official or agency of a ,state1 has reason to believe that an interest of the residents of such ,state has been or is threatened or adversely affected by an act or practice in violation of this ,act1 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in an appropriate ,state court or an appropriate district court of the ,united ,states to-- 7,a7 enjoin such act or practice2 7,b7 enforce compliance with this ,act2 7,c7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state2 or 7,d7 obtain such other legal and equitable relief as the court may consider to be appropriate4 7#b7 ,notice ,before filing an action under this subsection1 the attorney general1 official1 or agency of the ,state involved shall provide to the ,commission a written notice of such action and a copy of the complaint for such action4 ,if the attorney general1 official1 or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action1 the attorney general1 official1 or agency shall provide written notice of the action and a copy of the complaint to the ,commission immediately upon the filing of the action4 7#c7 ,authority of ,commission 7,a7 ,in general ,on receiving notice under paragraph 7#b7 of an action under this subsection1 the ,commission shall have the right-- 7i7 to intervene in the action2 and 7ii7 upon so intervening-- 7,i7 to be heard on all matters arising therein2 and 7,,ii7 to file petitions for appeal4 7,b7 ,limitation on ,state action while ,federal action is pending ,if the ,commission or the ,attorney ,general of the ,united ,states has instituted a civil action for violation of this ,act 7referred to in this subparagraph as the ,federal action71 no ,state attorney general1 official1 or agency may bring an action under this subsection during the pendency of the ,federal action against any defendant named in the complaint in the ,federal action for any violation of this ,act alleged in such complaint4 7#d7 ,rule of construction ,for purposes of bringing a civil action under this subsection1 nothing in this ,act shall be construed to prevent an attorney general1 official1 or agency of a ,state from exercising the powers conferred on the attorney general1 official1 or agency by the laws of such ,state to conduct investigations1 administer oaths and affirmations1 or compel the attendance of witnesses or the production of documentary and other evidence4 #h4 ,kids ,online ,safety ,council 7a7 ,establishment ,the ,secretary of ,commerce shall establish a ,kids ,online ,safety ,council 7in this section referred to as the ,council74 7b7 ,duties ,the duties of the ,council shall be to submit to ,congress reports with recommendations and advice on matters related to the safety of minors online1 including the following3 7#a7 ,an identification of risks1 including emerging risks1 for minors who engage with covered platforms4 7#b7 ,an identification of the benefits for minors who engaged with covered platforms4 7#c7 ,recommendations with respect to methods for assessing1 preventing1 and mitigating harms to minors online4 7#d7 ,recommendations with respect to methods and themes for research regarding harms to minors online4 7#e7 ,recommendations with respect to best practices and clear1 consensus-based standards for the reports and audits required under this ,act1 including best practices and standards with respect to methods1 criteria1 and scope that promote accountability4 7c7 ,participation ,in appointing members under subsection 7c71 the ,secretary shall seek to ensure that the ,council includes representatives of the following3 7#a7 ,academic experts with specific expertise in the prevention of harms to minors online4 7#b7 ,researchers with specific expertise with respect to social media4 7#c7 ,parents and minors with demonstrated experience with respect to the safety of minors online4 7#d7 ,educators with demonstrated experience with respect to the safety of minors online4 7#e7 ,covered platforms4 7#f7 ,experts in academia and civil society with specific expertise in constitutional law1 privacy1 free expression1 access to information1 and civil liberties4 7#g7 ,state attorneys general or designees thereof who work in ,state or local government4 7d7 ,timing of appointments ,each appointment under subsection 7c7 shall be made not later than the date that is #ahj days after the date on which this ,act takes effect 7as specified in section #ad74 7e7 ,terms2 vacancies ,each member of the ,council shall be appointed for the life of the ,council and a vacancy in the ,council shall be filled in the manner in which the original appointment was made4 7f7 ,chair2 ,vice ,chair ,the ,council1 once fully appointed1 shall select a ,chair and ,vice ,chair of the ,council4 7g7 ,final report ,not later than #c years after the date on which this ,act takes effect 7as specified in section #ad71 the ,council shall submit to ,congress a final report that includes the following3 7#a7 ,a detailed statement of the findings and conclusions of the ,council with respect to the recommendations and advice described in subsection 7b74 7#b7 ,the dissenting opinions of any member of the ,council who does not support the findings and conclusions described in paragraph 7#a74 7#c7 ,any recommendations for legislative or administrative actions to address the online safety of minors4 7h7 ,termination ,the ,council shall terminate on the date that is #cj days after the date on which the ,council submits the final report of the ,council under subsection 7h74 7i7 ,nonapplicability of ,,faca ,chapter #aj of title #e1 ,united ,states ,code1 does not apply to the ,council4 #i4 ,rules of construction 7a7 ,relationship to other laws ,nothing in this ,act may be construed to-- 7#a7 limit or impair 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 7#b7 authorize any action in conflict with section #ah7;h7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7h772 or 7#c7 expand1 limit the scope of1 or alter the meaning of section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj74 7b7 ,compliance ,nothing in this ,act may be construed to restrict the ability of a covered platform to-- 7#a7 cooperate with a law enforcement agency regarding activity that the covered platform reasonably and in good faith believes may violate a ,federal1 ,state1 or local law1 rule1 or regulation2 7#b7 comply with a lawful civil1 criminal1 or regulatory inquiry1 subpoena1 or summons from a ,federal1 ,state1 local1 or other government authority2 7#c7 investigate1 establish1 exercise1 respond to1 or defend against a legal claim2 7#d7 prevent1 detect1 or respond to security incidents1 identity theft1 fraud1 harassment1 or any other malicious1 deceptive1 or illegal activity2 or 7#e7 investigate or report an individual or entity responsible for an activity described in paragraph 7#d74 7c7 ,protections for privacy ,nothing in this ,act may be construed to require the affirmative collection of any personal information with respect to the age of users that a covered platform is not already collecting in the normal course of business4 #aj4 ,relationship to ,state laws ,no ,state or political subdivision of a ,state may prescribe1 maintain1 or enforce any law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law1 if such law1 rule1 regulation1 requirement1 standard1 or other provision relates to the provisions of this ,act4 #aa4 ,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 the enactment of this ,act4 #ab4 ,severability ,if any provision of this ,act or the application of this ,act to any person or circumstance is held invalid1 the remaining provisions of this ,act and the application of this ,act to other persons or circumstances shall not be affected4