#aaith ,,congress #b;d ,session ,h4 ,r4 #ggeg ,,an ,,act ,to protect children and teens online1 empower parents and strengthen families1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,kids ,internet and ,digital ,safety ,act or the ,,kids ,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 ,title ,i--,shielding ,minors from ,obscenity ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,definitions4 ,sec4 #ajc4 ,technology verification measures4 ,sec4 #ajd4 ,consultation requirements4 ,sec4 #aje4 ,,gao report4 ,title ,,ii--,online ,platforms ,sec4 #bja4 ,definitions4 ,subtitle ,a--,kids ,online ,safety ,sec4 #baa4 ,short title4 ,sec4 #bab4 ,definitions4 ,sec4 #bac4 ,addressing harms to minors4 ,sec4 #bad4 ,safeguards for minors1 parental tools1 and teen messaging controls4 ,sec4 #bae4 ,reporting mechanism4 ,sec4 #baf4 ,disclosure4 ,sec4 #bag4 ,advertising and marketing information and labels4 ,sec4 #bah4 ,advertising of illegal products to minors4 ,sec4 #bai4 ,audit2 report4 ,sec4 #bbj4 ,rule of construction on age verification4 ,sec4 #bba4 ,rule of construction on encryption4 ,subtitle ,b--,stop ,profiling ,youth and ,kids ,sec4 #bca4 ,short title4 ,sec4 #bcb4 ,know2 knows defined4 ,sec4 #bcc4 ,market research4 ,sec4 #bcd4 ,effective date4 ,title ,,iii--,social ,gaming ,platforms ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,definitions4 ,sec4 #cjc4 ,safeguards requirements for online video game providers4 ,title ,,iv--,artificial ,intelligence ,chatbots ,sec4 #dja4 ,short title4 ,sec4 #djb4 ,definitions4 ,sec4 #djc4 ,certain statements prohibited4 ,sec4 #djd4 ,disclosure required4 ,sec4 #dje4 ,policies required4 ,sec4 #djf4 ,rule of construction4 ,title ,v--,research1 ,education1 and ,best ,practices for ,protecting ,minors ,online ,subtitle ,a--,research ,sec4 #eja4 ,definitions4 ,sec4 #ejb4 ,exemption4 ,part #a--,safe ,social ,media ,act ,sec4 #eaa4 ,short title4 ,sec4 #eab4 ,report by ,commission on social media use by minors4 ,part #b--,no ,fentanyl on ,social ,media ,act ,sec4 #eac4 ,short title4 ,sec4 #ead4 ,report on the ability of minors to access fentanyl through social media platforms4 ,part #c--;,assessing ,safety ,tools for ,parents and ,minors ,act ,sec4 #eae4 ,short title4 ,sec4 #eaf4 ,industry review and report4 ,part #d--,study on chatbots and mental health of minors ,sec4 #eag4 ,study required4 ,sec4 #eah4 ,consultation4 ,sec4 #eai4 ,report4 ,subtitle ,b--,education ,part #a--,promoting a ,safe ,internet for ,minors ,act ,sec4 #eba4 ,short title4 ,sec4 #ebb4 ,online safety education for minors4 ,part #b--;,,ai ,warnings ,and ,resources for ,education 7,,aware7 ,act ,sec4 #ebc4 ,short title4 ,sec4 #ebd4 ,safe chatbot use for minors4 ,subtitle ,c--,partnerships and ,best ,practices ,sec4 #ebe4 ,short title4 ,sec4 #ebf4 ,kids ,internet ,safety ,partnership4 ,title ,,vi--,kids ,privacy ,protections ,subtitle ,a--,,coppa #b4j ,sec4 #fja4 ,short title4 ,sec4 #fjb4 ,online collection1 use1 disclosure1 and deletion of personal information of children and teens4 ,sec4 #fjc4 ,study and reports of mobile and online application oversight and enforcement4 ,sec4 #fjd4 ,,gao study4 ,sec4 #fje4 ,severability4 ,subtitle ,b--,data ,broker ,disclosures ,sec4 #faa4 ,definitions4 ,sec4 #fab4 ,registration requirement4 ,sec4 #fac4 ,rule of construction4 ,title ,,vii--,general ,provisions ,sec4 #gja4 ,enforcement4 ,sec4 #gjb4 ,judicial review4 ,sec4 #gjc4 ,rules of construction4 ,sec4 #gjd4 ,relationship to ,state laws4 ,sec4 #gje4 ,severability4 ,sec4 #gjf4 ,effective date4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given that term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,algorithm ,the term algorithm means any computational process1 model1 or other automated means of processing to rank1 order1 promote1 recommend1 amplify1 or similarly alter the delivery or display of information 7including any text1 image1 audio1 or video post and any page1 group1 account1 channel1 or affiliation74 7#c7 ,artificial intelligence ,the term artificial intelligence has the meaning given that term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#d7 ,chatbot ,the term chatbot means an artificial intelligence system1 marketed to and available for use by consumers1 that engages in interactive1 natural-language communication with a user and generates or selects content in response to user inputs 7including text1 voice1 or other inputs7 using a conversational context4 7#e7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#f7 ,design feature ,the term design feature-- 7,a7 means any feature or component of a covered platform that encourages an increase in or increases the frequency of use or time spent by a user who is a minor with respect to such covered platform2 and 7,b7 includes-- 7i7 infinite scrolling or auto play2 7ii7 rewards or incentives based on frequency of use or time spent2 7iii7 notifications and push alerts2 7iv7 badges or other visual award symbols based on frequency of use or time spent2 7v7 appearance altering filters2 and 7vi7 personalized recommendation systems4 7#g7 ,fully automated system ,the term fully automated system means an algorithm the final outputs of which are1 once computed1 displayed directly to a covered user without review or alteration by a covered online platform4 7#h7 ,minor ,except as otherwise provided1 the term minor means an individual under the age of #ag years4 7#i7 ,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#aj7 ,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 any of the following3 7,a7 ,a natural parent4 7,b7 ,an adoptive parent4 7,c7 ,a legal guardian4 7,d7 ,an individual with legal custody over the minor4 7#aa7 ,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 #feja7 7as amended by section #fjb7;a77#d7 of this ,act74 7#ab7 ,personalized recommendation system ,the term personalized recommendation system-- 7,a7 means a fully automated system used to suggest1 promote1 or rank content1 including other users1 hashtags1 and posts1 based on the personal information of a user2 and 7,b7 does not include a fully automated system that suggests1 promotes1 or ranks content based solely on the language1 city or town1 or age of a user4 7#ac7 ,sexual exploitation and abuse ,the term sexual exploitation and abuse means any of the following3 7,a7 ,any offense1 including coercion and enticement1 described in section #bdbb of title #ah1 ,united ,states ,code4 7,b7 ,child pornography 7as defined in section #bbef of title #ah1 ,united ,states ,code74 7,c7 ,trafficking for the production of images 7as described in section #bbea of title #ah1 ,united ,states ,code74 7,d7 ,any offense described in section #aeia of title #ah1 ,united ,states ,code4 7#ad7 ,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#ae7 ,verifiable consent ,the term verifiable 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 #feja7 7as amended by section #fjb7;a77#e7 of this ,act74 ,i ,shielding ,minors from ,obscenity #aja4 ,short title ,this title may be cited as the ,shielding ,children's ,retinas from ,egregious ,exposure on the ,net ,act or the ,,screen ,act4 #ajb4 ,definitions ,in this title3 7#a7 ,covered platform ,the term covered platform means a website or other online platform-- 7,a7 that is accessible by the public2 7,b7 with respect to which more than one-third of the material made available thereon is sexual material harmful to minors2 and 7,c7 with respect to which the provider of such platform knowingly makes available the sexual material harmful to minors described in subparagraph 7,b74 7#b7 ,minor ,the terms minor has the meaning given that term in section #bbef of title #ah1 ,united ,states ,code4 7#c7 ,sexual act2 sexual contact ,the terms sexual act and sexual contact have the meanings given those terms in section #bbdf of title #ah1 ,united ,states ,code4 7#d7 ,sexual material harmful to minors ,the term sexual material harmful to minors means a picture1 image1 graphic image file1 film1 videotape1 or other visual depiction that-- 7,a7 7i7 taken as a whole and with respect to minors1 appeals to the prurient interest in nudity1 sex1 or excretion2 7ii7 depicts1 describes1 or represents1 in a patently offensive way with respect to what is suitable for minors1 an actual or simulated sexual act or sexual contact1 actual or simulated normal or perverted sexual acts1 or lewd exhibition of the genitals2 and 7iii7 taken as a whole1 lacks serious literary1 artistic1 political1 or scientific value as to minors2 or 7,b7 is child pornography4 7#e7 ,technology verification measure ,the term technology verification measure means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor4 7#f7 ,technology verification measure data ,the term technology verification measure data means data that-- 7,a7 is collected or processed for the purpose of fulfilling a request by an individual to access a covered platform or material on a covered platform2 and 7,b7 is collected or processed for the purpose of utilizing or providing a technology verification measure pursuant to this title4 #ajc4 ,technology verification measures 7a7 ,covered platform requirements ,beginning on the date that is #a year after the date of the enactment of this ,act1 a provider of a covered platform shall-- 7#a7 adopt and utilize commercially available technology verification measures with respect to the covered platform of such provider to identify minors2 and 7#b7 prevent such minors from accessing any sexual material harmful to minors on the covered platform4 7b7 ,additional requirements for compliance ,in order to comply with subsection 7a71 a provider of a covered platform 7or a third party contracted by a provider of a covered platform with respect to such covered platform7 shall1 with respect to a covered platform of the provider1 carry out the following3 7#a7 ,use a technology verification measure in order to verify the age of a user4 7#b7 ,provide that a user confirming that the user is not a minor is not sufficient to verify age4 7#c7 ,provide clear and conspicuous notice containing information on the technology verification measures and other policies and procedures related to the technology verification measure data used to comply with this title4 7#d7 ,take reasonable measures to address circumvention of technology verification measures4 7#e7 ,not transfer1 disclose1 or retain any technology verification measure data beyond what is strictly necessary to use a technology verification measure pursuant to this title4 7#f7 ,not collect or use technology verification measure data for any purpose beyond what is strictly necessary to utilize a technology verification measure pursuant to this title4 7c7 ,use of third parties 7#a7 ,in general ,a provider of a covered platform may contract with a third party to use technology verification measures for purposes of complying with subsection 7a74 7#b7 ,obligations2 liability ,a provider of a covered platform who contracts with a third party as described in paragraph 7#a7 is not relieved from any obligation or liability under this title4 7d7 ,choice of verification measures ,a provider of a covered platform may choose the specific technology verification measures to utilize for purposes of complying with subsection 7a71 if such measures satisfy subsection 7b74 7e7 ,technology verification measure data security ,a provider of a covered platform 7or a third party contracted by a provider of a covered platform with respect to such covered platform7 shall establish1 implement1 and maintain reasonable administrative1 technical1 and physical data security practices to protect the confidentiality1 integrity1 and availability of technology verification measure data collected with respect to the covered platform of such provider 7including by a third party contracted by such covered provider with respect to such covered platform7 and protect such technology verification measure data against unauthorized access4 7f7 ,rule of construction ,nothing in this section may be construed to require the submission of government-issued identification of any individual to a covered platform or a third party contracted by a provider of a covered platform to use a technology verification measure4 #ajd4 ,consultation requirements ,in carrying out this title1 the ,commission shall consult with the following individuals1 including with respect to the applicable standards and metrics for making a determination on whether a user of a covered platform is or is not a minor3 7#a7 ,individuals with experience in computer science and software engineering4 7#b7 ,individuals with experience in-- 7,a7 advocating for online child safety2 or 7,b7 providing services to minors who have been victimized by online child exploitation4 7#c7 ,individuals with experience in consumer protection and online privacy4 7#d7 ,individuals who supply technology verification measure products or have expertise in technology verification measures4 7#e7 ,individuals with experience in data security and cryptography4 #aje4 ,,gao report ,not later than #c years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that includes the following3 7#a7 ,an analysis of the effectiveness of the technology verification measures required by section #ajc4 7#b7 ,an analysis of the rate of compliance with such section by providers of covered platforms and third parties contracted by such providers with respect to such covered platforms4 7#c7 ,an analysis of the data privacy and security measures used by covered platforms with respect to age verification processes4 7#d7 ,an analysis of the expression1 speech1 behavioral1 economic1 psychological1 and societal effects of the technology verification measures required by section #ajc4 7#e7 ,recommendations1 if any1 to the ,commission on improving the enforcement of this title4 ,,ii ,online ,platforms #bja4 ,definitions ,in this title3 7#a7 ,covered platform ,the term covered platform means a platform that is a website1 software1 application1 or electronic service connected to the internet that meets the following requirements3 7,a7 ,is publicly available for use by consumers4 7,b7 ,enables the creation of a username or user identifier-- 7i7 that is searchable on the platform by other users through a function made available by the platform2 and 7ii7 that can be followed by or is similarly accessible to other users of the platform4 7,c7 ,as the primary purpose of the platform1 facilitates the sharing and access to user-generated content through text1 images1 video1 audio1 or any other interactive medium4 7,d7 ,uses a design feature to promote user engagement on the platform4 7,e7 ,uses the personal information of the user to advertise1 market1 or make content recommendations4 7#b7 ,user ,the term user1 with respect to a covered platform1 means an individual who registers an account or creates a profile on the covered platform4 ,a ,kids ,online ,safety #baa4 ,short title ,this subtitle may be cited as the ,kids ,online ,safety ,act4 #bab4 ,definitions ,in this subtitle3 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 a persistent and repetitive use of a covered platform that substantially limits #a or more major life activities of an individual 7as described in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb774 7#c7 ,direct messaging feature 7,a7 ,in general ,the term direct messaging feature means a function of a covered platform that enables a user to send a message1 image1 video1 audio1 or other communication directly to another user or a specific group of users of the covered platform4 7,b7 ,exclusion ,the term direct messaging feature does not include a function of a covered platform that enables a user to post content on the covered platform to-- 7i7 a public or semi-public profile2 or 7ii7 a feed accessible to a broader group of users4 7#d7 ,ephemeral messaging feature 7,a7 ,in general ,the term ephemeral messaging feature means a function of a covered platform that permanently deletes or renders inaccessible a message1 image1 video1 audio1 or other communication sent between users of the covered platform 7such that neither the sender nor any recipient of such communication1 nor the covered platform1 may readily retrieve or review the communication in the original form through the covered platform7-- 7i7 after a predetermined period2 7ii7 once viewed by such a recipient2 or 7iii7 upon exiting the specific chat or messaging interface4 7,b7 ,exceptions ,the term ephemeral messaging feature does not include-- 7i7 a function of a covered platform that allows a user of the covered platform to manually delete a message1 image1 video1 audio1 or other communication sent by such user after the transmission of the communication2 7ii7 standard data volatility in transit or temporary caching for necessary functional and performance reasons2 7iii7 the implementation of a time limited data retention schedule based on industry best practices as part of the explicit security policies of a covered platform or as needed to comply with applicable law or regulation2 or 7iv7 a standard process by which a user may request deletion of an account on a covered platform to include user content4 7#e7 ,geolocation information ,the term geolocation information means information sufficient to identify a street name and name of a city or town4 7#f7 ,know2 knows ,the term know or knows means to know or should have known4 7#g7 ,messaging controls ,the term messaging controls means a set of tools or settings that a provider of a covered platform provides to a user of the covered platform that allows the user to manage the use of a direct messaging feature or an ephemeral messaging feature by such user4 7#h7 ,teen ,the term teen means an individual who has attained the age of #ac years and is under the age of #ag years4 7#i7 ,unapproved contact ,the term unapproved contact means a user of a covered platform with respect to whom another user of the covered platform has not initiated a direct message conversation4 #bac4 ,addressing harms to minors 7a7 ,in general ,a provider of 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 violence so severe1 pervasive1 or objectively offensive that such threats impact a major life activity of a minor4 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 by subsection 7a7 shall be appropriate to the size and complexity of the covered platform4 7c7 ,rules of construction ,nothing in subsection 7a7 may be construed to-- 7#a7 require a provider of 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 7a72 or 7#b7 impose a duty of care on a provider of a covered platform4 #bad4 ,safeguards for minors1 parental tools1 and teen messaging controls 7a7 ,safeguards for minors 7#a7 ,safeguards ,a provider of a covered platform shall provide a user of or visitor to the covered platform who the provider knows is a minor with readily accessible and easy-to-use safeguards to do each of the following1 as applicable3 7,a7 ,limit the ability of other users to communicate with such user or visitor1 including through direct messages or ephemeral messages4 7,b7 ,prevent the profile or personal information of such user or visitor from being recommended or suggested to another user or visitor who the provider knows is not a minor4 7,c7 ,prevent other users or visitors from seeing the current online or offline status of such user4 7,d7 ,limit design features that encourage compulsive usage of the covered platform by such user or visitor4 7,e7 ,restrict the sharing of geolocation information of such user or visitor to a third party that is not a processor and provide notice to such user or visitor and the parent of such user or visitor that geolocation information is collected4 7,f7 ,control any personalized recommendation system on such covered platform1 including with respect to the ability for such user or visitor to have-- 7i7 a prominently displayed option to opt out of any such personalized recommendation system1 and 7ii7 a prominently displayed option to limit types or categories of recommendations from any such personalized recommendation system4 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 such user on the covered platform4 7#c7 ,default safeguard settings for minors ,a provider of a covered platform shall ensure that1 in the case of a user of or visitor to the covered platform who the provider knows is a minor1 the default setting of any safeguard described in paragraph 7#a7 is the option available on the covered platform that provides the most protective level of control with respect to privacy and safety for such user or visitor4 7b7 ,parental tools 7#a7 ,tools ,a provider of a covered platform shall provide readily accessible and easy-to-use parental tools that meet the requirements described in paragraph 7#b7 for a parent of a user of the covered platform who the provider knows is a minor4 7#b7 ,requirements ,the parental tools described in paragraph 7#a7 shall allow a parent of a user of the covered platform who the provider knows is a minor to do any of the following3 7,a7 ,view the privacy and account settings of such user1 including the teen messaging controls described in subsection 7c77#b74 7,b7 ,in the case of a user that the covered platform knows is a child1 manage1 change1 and control the privacy and account settings of such user4 7,c7 ,the ability to restrict purchases and financial transactions by such user1 if applicable4 7,d7 ,the ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by such user1 if such time restrictions do not amount to full exclusion of access of such user to the covered platform4 7,e7 ,receive a notification when such user receives a request from another user who seeks to initiate direct messaging or ephemeral messaging with such user for the first time4 7,f7 ,in the case of a user that the covered platform knows is a child1 disable any ephemeral messaging features or direct messaging features4 7#c7 ,notice to parents of minors ,a provider of a covered platform shall provide clear and conspicuous notice to a parent of a user of the covered platform who the provider knows is a minor about the availability of the parental tools described in paragraph 7#a74 7#d7 ,notice to minors ,a provider of a covered platform shall provide clear and conspicuous notice to a user of the covered platform who the provider knows is a minor when any parental tool described in paragraph 7#a7 is in effect and any setting or control that has been applied4 7#e7 ,default tools for children ,a provider of a covered platform shall ensure that1 in the case of a user of or visitor to the covered platform who the provider knows is a child1 the default setting for any parental tool described in paragraph 7#a7 is the option available on the covered platform that provides the most protective level of control with respect to privacy and safety for such user or visitor4 7#f7 ,application to existing accounts ,if1 before the effective date of this subtitle1 a provider of a covered platform provides a parent of a user of the covered platform who the provider knows is a child with notice and the ability to enable a parental tool described in paragraph 7#a7 in a manner that would otherwise comply with this subsection and the parent opts out of enabling any such parental tool1 the covered platform is not required to enable any such parental tool with respect to such user by default on or after such effective date4 7c7 ,additional messaging controls for teens 7#a7 ,in general ,a provider of a covered platform that offers1 provides1 or enables any direct messaging feature or ephemeral messaging feature of such covered platform to any user of the covered platform who the provider knows is a teen shall provide easily accessible and usable messaging controls described in paragraph 7#b7 to such user that the user may activate and manage4 7#b7 ,teen messaging controls ,the teen messaging controls described in this paragraph shall allow a user of the covered platform to do any of the following3 7,a7 ,receive a timely notification that-- 7i7 alerts the user about a request from an unapproved contact who seeks to use a direct messaging feature or an ephemeral messaging feature of the covered platform with respect to the user2 and 7ii7 allows the user to approve or deny the request before the unapproved contact and the user engage in any direct messaging or ephemeral messaging through any such direct messaging feature or ephemeral messaging feature4 7,b7 ,view and manage a list of any contacts approved for engaging in direct messaging or ephemeral messaging with the user through any direct messaging feature or any ephemeral messaging feature of the covered platform4 7,c7 ,disable any direct messaging feature or ephemeral messaging feature4 7,d7 ,prevent any specific user1 any specific group of users1 or other user in general from initiating or continuing to engage in direct messaging or ephemeral messaging with the user through any direct messaging feature or any ephemeral messaging feature of the covered platform4 7,e7 ,enable the user to set a profile of the user on the covered platform as hidden4 7d7 ,rules of application 7#a7 ,accessibility ,with respect to any safeguard described in subsection 7a77#a71 any parental tool described in subsection 7b77#a71 and any teen messaging control described in subsection 7c77#b71 a provider of 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 a user of the covered platform who the provider knows is a minor most likely to access the covered platform and does not encourage such a user or a parent of such a user to weaken or disable any such safeguard1 parental tool1 or teen messaging control4 7,b7 ,readily accessible and easy-to-use controls to enable or disable any such safeguard1 parental tool1 or teen messaging control1 as appropriate4 7,c7 ,information and control options in the same language1 form1 and manner as the provider provides the product or service used by such a user or a parent of such a user4 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 a parental tool described in subsection 7b77#a71 the provider of the relevant covered platform shall apply changes the next time the device or user is connected to the internet4 7#c7 ,prohibition ,a provider of a covered platform may not knowingly use a user interface with the purpose or substantial effect of obscuring1 subverting1 or impairing the use by a user of the covered platform who the provider knows is a minor or a parent of such a user of any safeguard described in subsection 7a77#a71 any parental tool described in subsection 7b77#a71 or any teen messaging control described in subsection 7c77#b74 7e7 ,rules of construction ,nothing in this section may be construed to do any of the following3 7#a7 ,prevent a provider of a covered platform from taking reasonable measures to block1 detect1 or prevent the distribution of unlawful1 obscene1 or other harmful material to minors or any other harms to minors described in section #bac7;a74 7#b7 ,prevent a provider of a covered platform from entering into an agreement with a third party with a primary or exclusive function of-- 7,a7 providing-- 7i7 any safeguard described in subsection 7a77#a72 7ii7 any parental tool described in subsection 7b77#a72 or 7iii7 any teen messaging control described in subsection 7c77#b72 or 7,b7 otherwise assisting with meeting the requirements described in subsections 7a71 7b71 and 7c74 7#c7 ,prevent a parent or user from authorizing a third party described in paragraph 7#b7 to implement-- 7,a7 any safeguard described in subsection 7a77#a72 7,b7 any parental tool described in subsection 7b77#a72 or 7,c7 any teen messaging control described in subsection 7c77#b74 #bae4 ,reporting mechanism 7a7 ,reporting tools ,a provider of a covered platform shall provide each of the following3 7#a7 ,a readily accessible and easy-to-use means for a user of or visitor to the covered platform to submit a report to the covered platform of any harm to a minor related to the 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 any such report and1 within the applicable time period described in subsection 7b71 a substantive response to the user or visitor who submitted the report4 7b7 ,timing ,a covered platform shall establish an internal process to receive and substantively respond to a report submitted under subsection 7a77#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 or 7#b7 if the report involves an imminent threat to the safety of a minor1 the date that is as prompt as needed to address the reported threat to safety4 #baf4 ,disclosure 7a7 ,notice 7#a7 ,registration or purchase ,before any registration or purchase on a covered platform by a user of or visitor to the covered platform who the provider knows is a minor1 the provider shall provide clear1 conspicuous1 and easy-to-understand notice with respect to 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 any safeguard described in section #bad7;a77#a71 any parental tool described in section #bad7;b77#a71 and any teen messaging control described in section #bad7;c77#b74 7#b7 ,notification 7,a7 ,notice and acknowledgment ,in the case of a user of or visitor to a covered platform who the provider of the covered platform knows is a minor1 the provider shall provide information about any safeguard described in section #bad7;a77#a7 and any parental tool described in section #bad7;b77#a7 to a parent of such user or visitor4 7,b7 ,reasonable effort ,a covered platform shall be deemed to have satisfied the requirement described in subparagraph 7,a7 if the provider of 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 commercially available technology7 to provide a parent with the information required by paragraph 7#a77;,b74 7b7 ,consolidated notices ,for purposes of this section1 a provider of a covered platform may consolidate the process for providing information required by this section with the obligations of the provider to provide relevant notice and obtain verifiable consent under the ,children's ,online ,privacy ,protection ,act of #aiih4 #bag4 ,advertising and marketing information and labels ,a provider of 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 a user of or visitor to the covered platform who the provider knows is a minor on advertisements regarding the disclosure of endorsements of products1 services1 or brands made for commercial consideration by other users of the covered platform4 #bah4 ,advertising of illegal products to minors ,a provider of a covered platform may not facilitate the advertising of narcotic drugs1 cannabis products1 tobacco products1 gambling1 or alcohol to a user of or visitor to the covered platform who the provider knows is a minor4 #bai4 ,audit2 report 7a7 ,audit required ,not later than #ah months after the date of the enactment of this subtitle1 and annually thereafter1 a provider of a covered platform shall ensure that an independent1 third-party auditor conducts 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 any safeguard described in section #bad7;a77#a71 any parental tool described in section #bad7;b77#a71 and any teen messaging control described in section #bad7;c77#b74 7,b7 ,consider widely accepted or evidence-based approaches1 best practices1 frameworks1 and methods related to identifying1 preventing1 and mitigating the harms to minors described in section #bac7;a74 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 with respect to any difference between children and teens4 7,b7 ,an accounting of the following3 7i7 ,the number of users using such covered platform who the provider of 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 to minors described in section #bac7;a74 7iv7 ,the number of times that any safeguard described in section #bad7;a77#a7 has been exercised during the year in which such audit is conducted4 7v7 ,the number of times that any parental tool described in section #bad7;b77#a7 has been exercised during the year in which such audit is conducted4 7vi7 ,the number of times that any teen messaging control described in section #bad7;c77#b7 has been exercised during the year in which such audit is conducted4 7vii7 ,the number of reports1 categorized by types of harms to a minor1 received by such covered platform through the reporting mechanism described in section #bae7;a77#a7 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 provider of a covered platform shall facilitate an audit of the covered platform required by subsection 7a7 by doing the following3 7,a7 ,providing or otherwise making available to the independent1 third-party auditor that conducts such audit any information or material in the possession1 custody1 or control of such covered platform relevant to such audit4 7,b7 ,providing or otherwise making available to such auditor access to any network1 system1 or asset relevant to such audit4 7,c7 ,disclosing any material fact to such auditor and not misrepresenting 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 provider of the relevant covered platform shall submit to the ,commission the results of the audit4 7d7 ,public report ,not later than #de days after the date on which an audit required by subsection 7a7 is completed1 the provider of the relevant covered platform shall issue a public report that-- 7#a7 includes the information required by clauses 7i71 7ii71 7iv71 7v71 and 7vi7 of subsection 7b77#b77;,b72 and 7#b7 notwithstanding paragraph 7#a71 may include any other information required by this section4 #bbj4 ,rule of construction on age verification ,nothing in this subtitle may be construed to require the provider of a covered platform to implement an age gating or age verification functionality on the covered platform4 #bba4 ,rule of construction on encryption ,no requirement under this subtitle to restrict any feature for a user of a covered platform or to provide messaging controls for a direct messaging feature or ephemeral messaging feature of a covered platform may be construed to override any protection for an encrypted communication described in this subtitle and a provider of a covered platform shall adhere to any such requirement1 to the maximum extent technically feasible1 through means that do not compromise the integrity of strong encryption offered to any user of the covered platform4 ,b ,stop ,profiling ,youth and ,kids #bca4 ,short title ,this subtitle may be cited as the ,stop ,profiling ,youth and ,kids ,act or the ,,spy ,kids ,act4 #bcb4 ,know2 knows defined ,the term know or knows means to have actual knowledge or to have acted in willful disregard4 #bcc4 ,market research 7a7 ,prohibition of research on minors ,a provider of a covered platform may not1 in the case of a user or visitor of the covered platform who the provider knows is a minor1 conduct market or product-focused research on such user or visitor unless any such research is-- 7#a7 used solely to improve the privacy1 security1 transparency1 or safety of the covered platform1 including with respect to a design feature or any safeguard1 setting1 or tool offered to such user or visitor or a parent of such user or visitor2 or 7#b7 necessary for compliance with a ,federal or ,state law4 7b7 ,rule of construction ,nothing in this subtitle may be construed to limit the processing of personal information solely for measuring or reporting advertising or content performance1 reach1 or frequency1 including through an independent measurement4 #bcd4 ,effective date ,this subtitle shall take effect on the date that is #ij days after the date of the enactment of this ,act4 ,,iii ,social ,gaming ,platforms #cja4 ,short title ,this title may be cited as the ,safer ,guarding of ,adolescents from ,malicious ,interactions on ,network ,games ,act or the ,safer ,,gaming ,act4 #cjb4 ,definitions 7a7 ,definitions ,in this title3 7#a7 ,covered communication tool ,the term covered communication tool means a capability available to a user of an interactive online video game that allows for the exchange of verbal1 written1 or visual messages between such user and any other user of such interactive online video game4 7#b7 ,covered user ,the term covered user means a user of an interactive online video game if the online video game provider of such interactive online video game knows that such user is a minor4 7#c7 ,interactive online video game ,the term interactive online video game means a video game that-- 7,a7 connects to the internet2 and 7,b7 allows a user of such video game to communicate with other users of such video game4 7#d7 ,know2 knows ,the term know or knows means know or should have known4 7#e7 ,minor ,the term minor means an individual under the age of #ag years4 7#f7 ,online video game provider ,the term online video game provider means a person engaged in the business of providing directly to a consumer over the internet or other online means a digital storefront1 console network1 mobile or cloud gaming platform1 or similar means of digital distribution that offers access to an interactive online video game for use by the consumer4 7#g7 ,video game ,the term video game means a software program that-- 7,a7 receives and stores data or instructions generated by the user of such software program2 and 7,b7 processes such data or instructions to create an interactive game for such user to play on a computer1 gaming system1 console1 mobile device1 or other technological means4 #cjc4 ,safeguards requirements for online video game providers 7a7 ,communication safeguards ,an online video game provider shall provide safeguards to a parent of a covered user of an interactive online video game of such online video game provider that allow the parent to limit communication between such covered user and any other user of such interactive online video game4 7b7 ,features 7#a7 ,in general ,an online video game provider shall ensure that the safeguards required by subsection 7a7 meet the following requirements3 7,a7 ,be accessible and easy to use4 7,b7 ,be enabled by default on an account of a covered user of the interactive online video game of such online video game provider4 7,c7 ,be set to the most protective level of control by default on any such account4 7#b7 ,protective level of control ,for purposes of paragraph 7#a77;,c71 the term most protective level of control means the relevant safeguards-- 7,a7 are set to the most restrictive setting by default2 and 7,b7 may be set to a less restrictive setting only by a parent of a covered user4 7#c7 ,other safeguards required ,an online video game provider shall provide to a covered user and a parent of a covered user of an interactive online video game of the online video game provider readily accessible and easy-to-use safeguards to do the following3 7,a7 ,prevent a profile of such covered user or personal information connected to such covered user from being recommended or suggested to any other user of such interactive online video game who is not a minor4 7,b7 ,restrict purchases and financial transactions by such covered user4 7,c7 ,limit the amount of time spent by such covered user on such interactive online video game4 7c7 ,device controls ,nothing in this section may be construed to prohibit an online video game provider from making available to the parent of a covered user of an interactive online video game of the online video game provider a single user interface that permits such parent to do the following3 7#a7 ,set the level or scope of any covered communication tool with respect to multiple other users or categories of users or set the level or scope of multiple covered communication tools4 7#b7 ,control the safeguards required by this section4 7d7 ,notice to covered users ,an online video game provider shall provide clear and conspicuous notice to a covered user of an interactive online video game of the online video game provider when the safeguards required by this section are in effect that describes the settings or safeguards that have been applied4 ,,iv ,artificial ,intelligence ,chatbots #dja4 ,short title ,this title may be cited as the ,safeguarding ,adolescents ,from ,exploitative ,b,o,ts ,act or the ,,safe ,b,o,ts ,act4 #djb4 ,definitions ,in this title3 7#a7 ,chatbot provider 7,a7 ,in general ,the term chatbot provider means a person engaged in the business of providing a chatbot directly to a consumer for the use of the consumer1 including through a website1 mobile application1 or other online means4 7,b7 ,limitation ,a person that provides a website1 mobile application1 or other online service that includes a chat function incidental to the primary purpose of such website1 application1 or service may not be treated as a chatbot provider solely on the basis of such incidental chat function4 7#b7 ,covered user ,the term covered user means a user of a chatbot if the provider of such chatbot knows that such user is a minor4 7#c7 ,know2 knows ,the term know or knows means know or should have known4 #djc4 ,certain statements prohibited ,a chatbot provider may not provide to a covered user a chatbot that states to the covered user that the chatbot is a licensed professional 7unless such statement is true74 #djd4 ,disclosure required 7a7 ,in general ,a chatbot provider shall clearly and conspicuously disclose to each covered user of a chatbot of such chat provider a disclosure of the following3 7#a7 ,the chatbot is an artificial intelligence system and not a natural person4 7#b7 ,resources for contacting a suicide and crisis intervention hotline4 7b7 ,timing 7#a7 ,,ai system disclosure ,a disclosure required by subsection 7a77#a7 shall be made-- 7,a7 at the initiation of the first interaction of a covered user with a chatbot2 and 7,b7 at any point at which1 during an interaction between a covered user and a chatbot1 the covered user prompts the chatbot about whether the chatbot is an artificial intelligence system4 7#b7 ,crisis resources disclosure ,a disclosure required by subsection 7a77#b7 shall be made at any point at which1 during an interaction between a covered user and a chatbot1 the covered user prompts the chatbot about suicide or suicidal ideation4 7c7 ,use of plain language ,any disclosure required by subsection 7a7 shall be made in a manner that is clear and age-appropriate using plain language such that the disclosure is reasonably understandable by a minor4 #dje4 ,policies required ,a chatbot provider shall establish1 implement1 and maintain reasonable policies1 practices1 and procedures-- 7#a7 to ensure that a chatbot of the chatbot provider advises a covered user of the chatbot to take a break from the chatbot at the point at which a continuous and uninterrupted interaction of such covered user with such chatbot has lasted for #c hours2 and 7#b7 to address1 with respect to covered users-- 7,a7 sexual exploitation and abuse2 7,b7 the promotion of gambling that is restricted from or prohibited for minors by law2 and 7,c7 the promotion of the distribution1 sale1 or use of narcotic drugs1 tobacco products1 or alcohol that are restricted from or prohibited for minors by law4 #djf4 ,rule of construction ,nothing in this title may be construed to require a chatbot provider to prevent or preclude any covered user of a chatbot of the chatbot provider from accessing resources and information regarding the prevention or mitigation of the harms described in section #dje7b74 ,v ,research1 ,education1 and ,best ,practices for ,protecting ,minors ,online ,a ,research #eja4 ,definitions ,in this subtitle3 7#a7 ,fentanyl ,the term fentanyl includes any fentanyl analogue and fentanyl-related substance4 7#b7 ,fentanyl-related substance ,the term fentanyl-related substance has the meaning given that term in subsection 7e7 of schedule ,i of section #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7;c774 7#c7 ,relevant congressional committees ,the term relevant congressional committees means-- 7,a7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#d7 ,social media platform ,the term social media platform-- 7,a7 means a public-facing website1 internet application1 or mobile internet application1 including a social network or video sharing service-- 7i7 that serves the public2 and 7ii7 that primarily provides a forum for user-generated content1 including messages1 videos1 images1 games1 and audio files2 and 7,b7 does not include-- 7i7 a provider of broadband internet access service 7as described in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation72 or 7ii7 electronic mail4 #ejb4 ,exemption ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act7 does not apply to this subtitle4 #a ,safe ,social ,media ,act #eaa4 ,short title ,this part may be cited as the ,safe ,social ,media ,act4 #eab4 ,report by ,commission on social media use by minors ,the ,commission1 in coordination with the ,secretary of ,health and ,human ,services 7acting through the ,assistant ,secretary for ,mental ,health and ,substance ,use71 shall do the following3 7#a7 ,conduct a study on social media platform use by minors1 including with respect to the following3 7,a7 ,what personal information is collected by social media platforms with respect to minors4 7,b7 ,how such personal information is used by the algorithms of the social media platforms4 7,c7 ,how such personal information is used with respect to targeted advertising4 7,d7 ,how often minors use social media platforms daily4 7,e7 ,differences in use of social media platforms related to the age ranges of minors4 7,f7 ,mental health effects on minors linked to the use of social media platforms4 7,g7 ,potential harmful effects and benefits for minors from extended social media platform use4 7#b7 ,not later than #c years after the date of the enactment of this ,act1 submit to the relevant congressional committees a report on the findings of the study conducted under paragraph 7#a71 including any recommended policy changes based on such findings4 #b ,no ,fentanyl on ,social ,media ,act #eac4 ,short title ,this part may be cited as the ,no ,fentanyl on ,social ,media ,act4 #ead4 ,report on the ability of minors to access fentanyl through social media platforms 7a7 ,report required ,not later than #a year after the date of the enactment of this ,act1 the ,commission1 in coordination with the ,secretary of ,health and ,human ,services 7acting through the ,commissioner of ,food and ,drugs71 shall submit to the relevant congressional committees and publish on a website of the ,commission a report on the ability of minors to access fentanyl1 including through pressed pills1 through social media platforms and that includes the following3 7#a7 ,the prevalence and ability for minors to access fentanyl from drug sellers on social media platforms4 7#b7 ,the impact of such prevalence and access on minors1 including with respect to health risks and risks to physical safety4 7#c7 ,how drug sellers use social media platforms to market1 sell1 deliver1 distribute1 dispense1 and engage in other transactions related to the provision of fentanyl to minors4 7#d7 ,how design features and other characteristics of social media platforms affect the ability of minors to access fentanyl4 7#e7 ,other measures taken by law enforcement1 the medical community1 and others to address the issues described in paragraphs 7#a7 through 7#d74 7#f7 ,practices1 policies1 and other measures taken by social media platforms to address the ability of drug sellers to use social media platforms and the effectiveness of such practices1 policies1 and measures4 7#g7 ,recommendations for ,congress to eliminate the prevalence and ability for minors to access fentanyl through social media platforms4 7b7 ,consultation required ,in developing the report required by subsection 7a71 the ,commission shall consult with any relevant agencies and stakeholders1 including parents1 social media platforms1 law enforcement1 medical professionals1 and other relevant experts4 7c7 ,redaction permitted ,in publishing the report required by subsection 7a71 the ,commission1 in consultation with the ,attorney ,general1 may redact any information relating to paragraph 7#c7 or 7#e7 of such subsection that may compromise any law enforcement tactic1 strategy1 or technique4 #c ,assessing ,safety ,tools for ,parents and ,minors ,act #eae4 ,short title ,this part may be cited as the ,assessing ,safety ,tools for ,parents and ,minors ,act4 #eaf4 ,industry review and report 7a7 ,review ,not later than #f months after the date of the enactment of this ,act1 the ,commission1 in consultation with industry1 parents1 individuals with expertise in communications technologies1 parental controls1 privacy1 and mental health1 and any other appropriate entities as determined by the ,commission1 shall-- 7#a7 initiate a review of industry efforts to promote online safety for minors through education1 parental and child safety tools1 age-appropriate labels for content1 privacy and other safety settings1 and any other relevant technologies or initiatives2 and 7#b7 examine the effectiveness of industry efforts identified under paragraph 7#a7 to mitigate online harms for minors and provide recommendations for industry1 ,congress1 and agencies to improve online safety for minors4 7b7 ,submission of report ,not later than #c years after the date of the enactment of this ,act1 the ,commission shall submit to the relevant congressional committees a report with any findings and recommendations resulting from the review and examination required by subsection 7a74 #d ,study on chatbots and mental health of minors #eag4 ,study required ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,national ,institutes of ,health1 shall conduct a #d-year longitudinal study to evaluate the risks and benefits of chatbots with respect to the mental health of minors1 including with respect to loneliness1 anxiety1 social skill building1 social isolation1 depression1 self-harm1 and suicidal ideation4 #eah4 ,consultation ,in conducting the study required by section #eag1 the ,secretary1 acting through the ,director1 shall consult with the following3 7#a7 ,the ,director of the ,national ,institute of ,mental ,health4 7#b7 ,pediatric mental health experts4 7#c7 ,technologists4 7#d7 ,ethicists4 7#e7 ,educators4 #eai4 ,report ,not later than #d years after the date of the enactment of this ,act1 the ,secretary1 acting through the ,director1 shall submit to the relevant congressional committees and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report on the results of the study required by section #eag and any related recommendations4 ,b ,education #a ,promoting a ,safe ,internet for ,minors ,act #eba4 ,short title ,this part may be cited as the ,promoting a ,safe ,internet for ,minors ,act4 #ebb4 ,online safety education for minors 7a7 ,amendment ,subtitle ,a of the ,protecting ,children in the #bast ,century ,act 7#ae ,u4,s4,c4 #feea et seq47 is amended-- 7#a7 by striking sections #baa through #bad and #baf and inserting the following3 #baa4 ,public awareness and educational campaign ,not later than #ahj days after the date of the enactment of this section1 the ,commission1 in partnership with the heads of other relevant agencies1 ,state and local governments1 nonprofit organizations1 schools1 industry1 law enforcement1 medical professionals1 and other appropriate entities1 shall carry out a program throughout the ,united ,states to promote the safe use of the internet by minors that includes the following3 7#a7 ,the identification1 promotion1 and encouragement of best practices for educators1 online platforms1 minors1 and parents and guardians to protect minors online4 7#b7 ,the establishment and implementation of an outreach and education campaign throughout the ,united ,states that promotes online safety for minors4 7#c7 ,the facilitation of access to1 and the exchange of1 information regarding online safety for minors to promote up-to-date knowledge regarding harms and risks negatively impacting or benefits positively impacting minors online4 7#d7 ,the facilitation of access to publicly accessible online safety education and public awareness efforts by other relevant agencies1 ,state and local governments1 nonprofit organizations1 schools1 industry1 and other appropriate entities4 #bab4 ,annual report ,not later than #a year after the date of the enactment of this section1 and annually thereafter for #aj years1 the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that describes the program carried out under section #baa4 #bac4 ,definitions ,in this subtitle3 7#a7 ,agency ,the term agency has the meaning given that term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,minor ,the term minor means an individual under the age of #ag4 7#d7 ,nonprofit organization ,the term nonprofit organization means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code4 7#e7 ,online safety ,the term online safety includes issues regarding the use of the internet in a manner that promotes safe online activity for minors through the following3 7,a7 ,protecting minors from cybercrimes1 access to narcotics1 tobacco products1 gambling1 alcohol1 and other adult content4 7,b7 ,preventing compulsive behavior online and other adverse impacts on the physical and mental health of minors4 7,c7 ,facilitating the effective use of safeguards1 parental controls1 and other tools to empower parents1 guardians1 and minors to protect minors online4 7#f7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4 2 and 7#b7 by redesignating section #bae as section #bad4 7b7 ,technical and conforming amendment ,the table of contents of the ,protecting ,children in the #bast ,century ,act 7#ae ,u4,s4,c4 #feea et seq47 is amended by striking the items related to sections #baa through #baf and inserting the following3 ,sec4 #baa4 ,public awareness and educational campaign4 ,sec4 #bab4 ,annual report4 ,sec4 #bac4 ,definitions4 ,sec4 #bad4 ,promoting online safety in schools4 4 #b ,,ai ,warnings ,and ,resources for ,education 7,,aware7 ,act #ebc4 ,short title ,this part may be cited as the ,,ai ,warnings ,and ,resources for ,education ,act or the ,,aware ,act4 #ebd4 ,safe chatbot use for minors 7a7 ,educational resources ,not later than #a year after the date of the enactment of this ,act1 the ,commission1 in consultation with relevant agencies1 shall develop and make available to the public educational resources for parents1 educators1 and minors with respect to the safe and responsible use of chatbots by minors4 7b7 ,contents ,the educational resources developed and made available under subsection 7a7 shall include resources on the following3 7#a7 ,the risks and benefits of chatbot use4 7#b7 ,privacy and data collection practices4 7#c7 ,best practices for parents supporting the safe use of chatbots by minors4 7c7 ,youville ,the ,commission1 in a manner appropriate for minors1 shall model the educational resources developed and made available under subsection 7a7 on the ,youville program of the ,commission4 ,c ,partnerships and ,best ,practices #ebe4 ,short title ,this subtitle may be cited as the ,kids ,internet ,safety ,partnership ,act4 #ebf4 ,kids ,internet ,safety ,partnership 7a7 ,establishment ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall establish the ,kids ,internet ,safety ,partnership4 7b7 ,director ,the ,secretary shall appoint a ,director to be the head of the ,partnership4 7c7 ,duties ,the duties of the ,partnership shall be the following3 7#a7 ,coordinate with relevant agencies 7including the ,commission7 and stakeholders to identify the following3 7,a7 ,the risks for minors with respect to the use of websites1 online services1 online applications1 and mobile applications4 7,b7 ,the benefits for minors with respect to the use of websites1 online services1 online applications1 and mobile applications4 7,c7 ,widely accepted or evidence-based best practices1 taking into account minors of different ages1 to-- 7i7 address the risks identified under subparagraph 7,a72 and 7ii7 preserve and enhance the benefits identified under subparagraph 7,b74 7#b7 ,not later than #a year after the date on which the ,partnership is established1 and every #b years thereafter1 publish on a publicly available website a report that details-- 7,a7 the identifications made under paragraph 7#a72 and 7,b7 the efficacy and adoption by websites1 online services1 online applications1 and mobile applications of-- 7i7 safeguards for minors2 and 7ii7 parental tools4 7#c7 ,not later than #b years after the date on which the ,partnership is established1 publish on a publicly available website a playbook for providers and developers of websites1 online services1 online applications1 and mobile applications to facilitate the implementation of widely accepted or evidence-based best practices that account for minors of different ages and address the risks identified under paragraph 7#a77;,a7 and preserve and enhance the benefits identified under paragraph 7#a77;,b71 including best practices with respect to the following3 7,a7 ,age verification1 assurance1 and estimation techniques4 7,b7 ,design features4 7,c7 ,parental tools4 7,d7 ,default privacy and account settings4 7,e7 ,reporting systems and tools4 7,f7 ,third-party safety software services4 7,g7 ,limitations and opt-outs related to personalized recommendation systems and chatbots4 7d7 ,stakeholders ,in coordinating with stakeholders as required by subsection 7c77#a71 the ,partnership shall coordinate with the following3 7#a7 ,academic experts with specific expertise with respect to the prevention of risks for 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 ,online platforms4 7#f7 ,experts in academia and civil society with specific expertise with respect to constitutional law1 privacy1 free expression1 access to information1 and civil liberties4 7#g7 ,state attorneys general 7or designees thereof who work in ,state or local government74 7e7 ,sunset ,the ,partnership shall terminate on the date that is #e years after the date on which the ,partnership is established4 7f7 ,definitions ,in this section3 7#a7 ,parental tool ,the term parental tool-- 7,a7 means a tool that-- 7i7 the provider of a website1 online service1 online application1 or mobile application provides to a parent of a user who such provider knows is a minor2 and 7ii7 the parent uses to support such user with respect to the use of the website1 service1 or application2 and 7,b7 includes a tool that allows a parent of a user who the provider of such a website1 service1 or application knows is a minor to-- 7i7 view or change the privacy and account settings of such user2 7ii7 grant or withdraw verifiable consent2 7iii7 restrict the purchases and financial transactions of such user2 7iv7 view metrics of the total time spent on such website1 service1 or application by such user2 7v7 restrict time spent on such website1 service1 or application by such user2 7vi7 report illegal or harmful conduct on such website1 service1 or application with respect to which such user may be a victim2 and 7vii7 limit or opt-out of personalized recommendation systems or chatbots4 7#b7 ,partnership ,the term ,partnership means the ,kids ,internet ,safety ,partnership established under subsection 7a74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 ,,vi ,kids ,privacy ,protections ,a ,,coppa #b4j #fja4 ,short title ,this subtitle may be cited as the ,children and ,teens' ,online ,privacy ,protection ,act4 #fjb4 ,online collection1 use1 disclosure1 and deletion of personal information of children and teens 7a7 ,definitions ,section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja7 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,child ,the term child means an individual under the age of #ad4 2 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,operator ,the term operator-- 7,a7 means any person-- 7i7 who1 for commercial purposes in interstate or foreign commerce1 operates or provides a website on the internet1 an online service1 an online application1 or a mobile application2 and 7ii7 who-- 7,i7 collects or maintains1 either directly or through a service provider1 personal information from or about the users of that website1 service1 or application2 7,,ii7 allows another person to collect personal information directly from users of that website1 service1 or application 7in which case1 the operator is deemed to have collected the information72 or 7,,iii7 allows users of that website1 service1 or application to publicly disclose personal information 7in which case1 the operator is deemed to have collected the information72 and 7,b7 does not include any nonprofit entity that would otherwise be exempt from coverage under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de74 2 7#c7 in paragraph 7#d7-- 7,a7 by amending subparagraph 7,a7 to read as follows3 7,a7 the release of personal information collected from a child or teen by an operator for any purpose1 except where the personal information is provided to a person other than an operator who-- 7i7 provides support for the internal operations of the website1 online service1 online application1 or mobile application of the operator1 excluding any activity relating to individual-specific advertising to children or teens2 and 7ii7 does not disclose or use that personal information for any other purpose2 and 2 and 7,b7 in subparagraph 7,b7-- 7i7 by inserting or teen after child each place the term appears2 7ii7 by striking website or online service and inserting website1 online service1 online application1 or mobile application2 and 7iii7 by striking actual knowledge and inserting knowledge2 7#d7 by amending paragraph 7#h7 to read as follows3 7#h7 ,personal information 7,a7 ,in general ,the term personal information means individually identifiable information about an individual collected online1 including-- 7i7 a first and last name2 7ii7 a home or other physical address1 including a street name and a name of a city or town2 7iii7 an e-mail address2 7iv7 a telephone number2 7v7 a ,social ,security number2 7vi7 any other identifier that the ,commission determines permits the physical or online contacting of a specific individual2 7vii7 a persistent identifier that can be used to recognize a specific child or teen over time and across different websites1 online services1 online applications1 or mobile applications1 that-- 7,i7 includes-- 7aa7 a customer number held in a cookie2 7bb7 an ,internet ,protocol 7,,ip7 address2 7cc7 a processor or device serial number2 and 7dd7 a unique device identifier2 and 7,,ii7 excludes an identifier that is used by an operator solely for providing support for the internal operations of the website1 online service1 online application1 or mobile application2 7viii7 a photograph1 video1 or audio file that contains the image or voice of a specific child or teen2 7ix7 geolocation information2 7x7 information generated from the measurement or technological processing of an the biological1 physical1 or physiological characteristics of an individual that is used to identify an individual1 including-- 7,i7 fingerprints2 7,,ii7 voice prints2 7,,iii7 iris or retina imagery scans2 7,,iv7 facial templates2 7,v7 deoxyribonucleic acid 7,,dna7 information2 and 7,,vi7 gait2 and 7xi7 information linked or reasonably linkable to a child or teen or a parent of a child or teen 7including any unique identifier7 that an operator collects online from the child or teen and combines with an identifier described in this subparagraph4 7,b7 ,exclusion ,the term personal information does not include an audio file that contains the voice of a child or teen if the operator-- 7i7 does not request information via voice that would otherwise be considered personal information under this paragraph2 7ii7 provides clear notice of its collection and use of the audio file and its deletion policy in its privacy policy2 7iii7 only uses the voice contained in the audio file as a replacement for written words to perform a task or otherwise engage with a website1 online service1 online application1 or mobile application1 including by performing a search and fulfilling a verbal instruction or request2 7iv7 only maintains the audio file during the period necessary to complete the relevant task or engagement2 7v7 does not make any other use of the audio file during such period2 and 7vi7 deletes the audio file at the end of such period4 7,c7 ,support for the internal operations of a website1 online service1 online application1 or mobile application 7i7 ,in general ,for purposes of subparagraph 7,a77vii71 the term support for the internal operations of a website1 online service1 online application1 or mobile application means the activities necessary to such website1 service1 or application to-- 7,i7 maintain or analyze functioning2 7,,ii7 perform network communications2 7,,iii7 authenticate users2 7,,iv7 personalize content2 7,v7 serve contextual advertising to users 7if any persistent identifier is only used as necessary for technical purposes to serve the contextual advertisement or cap the frequency of contextual advertising2 7,,vi7 protect the security or integrity of the user1 website1 online service1 online application1 or mobile application2 7,,vii7 ensure legal or regulatory compliance1 or 7,,viii7 fulfill a request of a child or teen under subparagraph 7,a71 7,b71 or 7,c7 of section #acjc7;b77#b74 7ii7 ,condition ,except as specifically permitted under clause 7i71 information collected through the activities described in clause 7i7 may not be used or disclosed to contact a specific individual 7including through individual-specific advertising to children or teens71 to amass a profile on a specific individual1 in connection with processes that encourage or prompt use of a website or online service1 or for any other purpose4 2 7#e7 by amending paragraph 7#i7 to read as follows3 7#i7 ,verifiable consent ,the term verifiable consent means any reasonable effort 7taking into consideration available technology7 by an operator1 including a request for authorization for future collection1 use1 and disclosure described in the notice1 to ensure that a parent of a child 7in the case of a child7 or a teen 7in the case of a teen7-- 7,a7 receives direct notice of the collection1 use1 maintenance1 and disclosure practices of the operator with respect to personal information2 and 7,b7 before the personal information of the child or teen is collected1 freely and unambiguously authorizes-- 7i7 the collection1 use1 maintenance1 and disclosure1 as applicable1 of the personal information2 and 7ii7 any subsequent use of the personal information4 2 7#f7 in paragraph 7#aj7-- 7,a7 in the heading1 by striking ,website or online service directed to children and inserting ,website1 online service1 online application1 or mobile application directed to children2 7,b7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking website or online service directed to children and inserting website1 online service1 online application1 or mobile application directed to children2 7ii7 in clause 7i71 by striking commercial website or online service and inserting website1 online service1 online application1 or mobile application2 and 7iii7 in clause 7ii71 by striking commercial website or online service and inserting website1 online service1 online application1 or mobile application2 7,c7 in subparagraph 7,b71 by striking commercial website or online service each place the term appears and inserting website1 online service1 online application1 or mobile application2 and 7,d7 by adding at the end the following new subparagraph3 7,c7 ,rule of construction ,in considering whether a website1 online service1 online application1 or mobile application1 or portion thereof1 is directed to children1 the ,commission shall apply a totality of circumstances test and will also consider competent and reliable empirical evidence regarding audience composition and evidence regarding the intended audience of the website1 online service1 online application1 or mobile application4 2 and 7#g7 by adding at the end the following3 7#ac7 ,connected device ,the term connected device means a device that is capable of connecting to the internet1 directly or indirectly1 or to another connected device4 7#ad7 ,online application ,the term online application-- 7,a7 means an internet-connected software program2 and 7,b7 includes a service or application offered via a connected device4 7#ae7 ,mobile application ,the term mobile application-- 7,a7 means a software program that runs on the operating system of-- 7i7 a cellular telephone2 7ii7 a tablet computer2 or 7iii7 a similar portable computing device that transmits data over a wireless connection2 and 7,b7 includes a service or application offered via a connected device4 7#af7 ,geolocation information ,the term geolocation information means information sufficient to identify a street name and name of a city or town4 7#ag7 ,teen ,the term teen means an individual who has attained the age of #ad and is under the age of #ah4 7#ah7 ,individual-specific advertising to children or teens 7,a7 ,in general ,the term individual-specific advertising to children or teens means advertising or any other effort to market a product or service that is directed to a specific child or teen or a connected device that is linked or reasonably linkable to a child or teen based on-- 7i7 personal information of-- 7,i7 the child or teen2 or 7,,ii7 a group of children or teens who are similar in sex1 age1 household income level1 race1 or ethnicity to the specific child or teen to whom the product or service is marketed2 7ii7 profiling of such child or teen or group of children or teens2 or 7iii7 a unique identifier of such connected device4 7,b7 ,exclusions ,the term individual-specific advertising to children or teens shall not include-- 7i7 advertising or marketing to an individual or to a device of an individual in response to a specific request by the individual for information or feedback1 such as a search query by a child or teen2 7ii7 contextual advertising1 including if an advertisement is displayed based on the content of the website1 online service1 online application1 mobile application1 or connected device on which the advertisement appears and does not vary based on personal information of an individual who views the advertisement2 7iii7 processing personal information solely for measuring or reporting advertising or content performance1 reach1 or frequency1 including independent measurement2 or 7iv7 advertising or marketing directed to a connected device used by both adult and child or teen members of a household1 if such advertising or marketing is directed to a profile of an adult user4 7,c7 ,rule of construction ,nothing in subparagraph 7,a7 shall be construed to prohibit an operator with actual knowledge or an operator who should have known that a user is under the age of #ah from delivering advertising or marketing that is age-appropriate and intended for a child or teen audience1 if the operator does not use any personal information other than whether the user is under the age of #ah4 7#ai7 ,educational agency or institution ,the term educational agency or institution means-- 7,a7 a ,state educational agency or a local educational agency 7as such terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 or 7,b7 an institutional day or residential school1 including a public school 7including a charter school7 or a private school1 that provides elementary or secondary education1 as determined under ,state law4 7#bj7 ,knowledge ,the term knowledge means the operator has actual knowledge or should have known that a user is a child or teen4 4 7b7 ,online collection1 use1 disclosure1 and deletion of personal information of children and teens ,section #acjc of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #fejb7 is amended-- 7#a7 by striking the heading and inserting the following3 ,online collection1 use1 disclosure1 and deletion of personal information of children and teens42 7#b7 in subsection 7a7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,it is unlawful for an operator of a website1 online service1 online application1 or mobile application directed to children or for any operator of a website1 online service1 online application1 or mobile application with actual knowledge or any operator of a website1 online service1 online application1 or mobile application who should have known that a user is a child or teen to do any of the following3 7,a7 ,collect personal information from a child or teen in a manner that violates the regulations promulgated under subsection 7b74 7,b7 ,collect1 use1 disclose to third parties1 or maintain personal information of a child or teen for purposes of individual-specific advertising to children or teens 7or to allow another person to collect1 use1 disclose1 or maintain such information for such purpose72 7,c7 ,otherwise collect the personal information of a child or teen1 except if the collection of the personal information is-- 7i7 consistent with the context of a particular transaction or service or the relationship of the child or teen with the operator1 including any collection necessary to fulfill a transaction or provide a product or service requested by the child or teen2 or 7ii7 authorized or required by ,federal law 7including a regulation promulgated under subsection 7b77 or ,state law4 7,d7 ,store or transfer the personal information of a child or teen outside of the ,united ,states1 unless the operator provides direct notice to a parent of the child 7in the case of a child7 or to the teen 7in the case of a teen7 of such storage or transfer4 7,e7 ,retain the personal information of a child or teen for longer than is reasonably necessary to fulfill a transaction or provide a service requested by the child or teen1 except as authorized or required by ,federal or ,state law4 2 and 7,b7 in paragraph 7#b7-- 7i7 in the heading1 by striking parent and inserting parent or teen2 7ii7 by striking ,notwithstanding paragraph 7#a7 and inserting ,notwithstanding paragraph 7#a77;,a72 7iii7 by striking of such a website or online service2 and 7iv7 by striking subsection 7b77#a77;,b77iii7 to the parent of a child and inserting subsection 7b77#a77;,b77iv7 to a parent of a child or under subsection 7b77#a77;,c77iv7 to a teen2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking the operator of any website and all that follows through from a child and inserting an operator of a website1 online service1 online application1 or mobile application directed to children or for any operator of a website1 online service1 online application1 or mobile application with actual knowledge or any operator of a website1 online service1 online application1 or mobile application who should have known that a user is a child or teen2 7,,ii7 in clause 7i7-- 7aa7 by striking notice on the website and inserting clear and conspicuous notice on the website1 service1 or application2 7bb7 by inserting or teens after children2 7cc7 by striking 1 and the operator's disclosure practices and inserting 1 the disclosure practices of the operator2 and 7dd7 by striking 2 and and inserting 1 the rights and opportunities available to a parent of a child or teen under subparagraphs 7,b7 and 7,c71 and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or teens 7except as permitted by the regulations promulgated under this subsection722 7,,iii7 in clause 7ii7-- 7aa7 by striking parental2 7bb7 by inserting or teens after children2 7cc7 by striking the semicolon at the end and inserting 2 and2 and 7,,iv7 by inserting after clause 7ii7 the following new clause3 7iii7 to obtain verifiable consent from a parent of a child 7in the case of a child7 or from a teen 7in the case of a teen7 before using or disclosing personal information of the child or teen for any purpose that is a material change from the original purposes and disclosure practices specified to the parent of the child or the teen under clause 7i72 2 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking that website or online service and inserting the operator2 7,,ii7 in clause 7i71 by striking that operator and inserting the operator1 the method by which the operator obtains the personal information1 and the purposes for which the operator collects1 uses1 discloses1 and retains the personal information2 7,,iii7 in clause 7ii7-- 7aa7 by inserting to delete personal information collected from the child or content or information submitted by the child to a website1 online service1 online application1 or mobile application and after the opportunity at any time2 and 7bb7 by striking 2 and and inserting a semicolon2 7,,iv7 by redesignating clause 7iii7 as clause 7iv7 and inserting after clause 7ii7 the following new clause3 7iii7 the opportunity to challenge the accuracy of the personal information and1 if the parent of the child establishes the inaccuracy of the personal information1 to have the inaccurate personal information corrected2 2 and 7,v7 in clause 7iv71 as so redesignated1 by inserting 1 if such information is available to the operator at the time the parent makes the request before the semicolon2 7iii7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 7iv7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 require the operator to provide1 upon the request of a teen who has provided personal information to the operator1 upon proper identification of the teen-- 7i7 a description of the specific types of personal information collected from the teen by the operator1 the method by which the operator obtained the personal information1 and the purposes for which the operator collects1 uses1 discloses1 and retains the personal information2 7ii7 the opportunity at any time to delete personal information collected from the teen or content or information submitted by the teen to a website1 online service1 online application1 or mobile application and to refuse to permit the further use or maintenance in retrievable form1 or online collection1 of personal information from the teen by the operator2 7iii7 the opportunity to challenge the accuracy of the personal information and1 if the teen establishes the inaccuracy of the personal information1 to have the inaccurate personal information corrected2 and 7iv7 a means that is reasonable under the circumstances for the teen to obtain any personal information collected from the teen1 if such information is available to the operator at the time the teen makes the request2 2 7v7 in subparagraph 7,d71 as so redesignated-- 7,i7 by striking a child's participation and inserting the participation of a child or teen2 and 7,,ii7 by inserting or teen after the child2 and 7vi7 by amending subparagraph 7,e71 as so redesignated1 to read as follows3 7,e7 require the operator-- 7i7 to establish1 implement1 and maintain reasonable security practices to protect the confidentiality1 integrity1 and accessibility of personal information of children or teens collected by the operator2 and 7ii7 to protect such personal information against unauthorized access4 2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking verifiable parental consent and inserting verifiable consent2 7ii7 in subparagraph 7,a7-- 7,i7 by inserting or teen after collected from a child2 7,,ii7 by inserting or teen after request from the child2 and 7,,iii7 by inserting or teen or to contact another child or teen after to recontact the child2 7iii7 in subparagraph 7,b7-- 7,i7 by striking parent or child and inserting parent or teen2 and 7,,ii7 by striking parental consent each place the term appears and inserting verifiable consent2 7iv7 in subparagraph 7,c7-- 7,i7 in the matter preceding clause 7i71 by inserting or teen after child each place the term appears2 7,,ii7 in clause 7i7-- 7aa7 by inserting or teen after child each place the term appears2 and 7bb7 by inserting or teen1 as applicable1 after parent each place the term appears2 and 7,,iii7 in clause 7ii7-- 7aa7 by striking without notice to the parent and inserting without notice to the parent or teen1 as applicable12 and 7bb7 by inserting or teen after child each place the term appears2 and 7v7 in subparagraph 7,d7-- 7,i7 in the matter preceding clause 7i71 by inserting or teen after child each place the term appears2 7,,ii7 in clause 7ii71 by inserting or teen after child2 and 7,,iii7 in the flush text following clause 7iii7-- 7aa7 by inserting or teen1 as applicable1 after parent each place the term appears2 and 7bb7 by inserting or teen after child2 7,c7 by redesignating paragraph 7#c7 as paragraph 7#d7 and inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,application to operators acting under agreements with educational agencies or institutions ,the regulations may provide that verifiable consent under paragraph 7#a77;,a77ii7 is not required for an operator that acts under a written agreement with an educational agency or institution that1 at a minimum1 requires the-- 7,a7 operator to-- 7i7 limit the collection1 use1 and disclosure by the operator of the personal information from a child or teen to solely educational purposes and for no other commercial purposes2 7ii7 provide the educational agency or institution with a notice of the specific types of personal information the operator will collect from the child or teen1 the method by which the operator will obtain the personal information1 and the purposes for which the operator will collect1 use1 disclose1 and retain the personal information2 7iii7 provide to the educational agency or institution a link regarding the disclosure practices of the operator described in subsection 7b77#a77;,a77i72 and 7iv7 provide the educational agency or institution1 upon request1 with a means to review the personal information collected from a child or teen1 to prevent further use or maintenance or future collection of personal information from a child or teen1 and to delete personal information collected from a child or teen or content or information submitted by a child or teen to website1 online service1 online application1 or mobile application of the operator2 7,b7 representative of the educational agency or institution to acknowledge and agree that the representative has authority to authorize the collection1 use1 and disclosure of personal information from children or teens on behalf of the educational agency or institution1 along with such authorization1 the name of the representative1 and the title of the representative at the educational agency or institution2 and 7,c7 educational agency or institution to-- 7i7 provide on a website of the educational agency or institution a notice that identifies the operator with which the educational agency or institution has entered into a written agreement under this subsection and provides the link described in subparagraph 7,a77iii72 7ii7 upon request1 provide the notice described in subparagraph 7,a77ii7 to a parent 7in the case of a child7 or a parent or teen 7in the case of a teen72 and 7iii7 upon the request of such a parent or teen1 request the operator provide a means to review the personal information of such a child or teen and provide the parent or teen a means to review the personal information4 2 7,d7 by amending paragraph 7#d71 as so redesignated1 to read as follows3 7#d7 ,termination of service ,the regulations shall permit the operator of a website1 online service1 online application1 or mobile application to terminate service provided to a child for whom a parent has refused or a teen who has refused 7under the regulations promulgated under paragraphs 7#a77;,b77ii7 and 7#a77;,c77ii71 respectively7 to permit the operator any further use or maintenance1 in retrievable form or future online collection1 of personal information from the child or teen4 2 and 7,e7 by adding at the end the following new paragraphs3 7#e7 ,continuation of service ,the regulations shall prohibit an operator from discontinuing service provided to a child or teen on the basis of a request by a parent of the child or by the teen 7under the regulations promulgated under subparagraph 7,b7 or 7,c7 of paragraph 7#a71 respectively7 to delete personal information collected from the child or teen1 to the extent that the operator is capable of providing such service without such personal information4 7#f7 ,rule of construction ,a request to delete or correct personal information of a child or teen 7under the regulations promulgated under subparagraph 7,b7 or 7,c7 of paragraph 7#a71 respectively7 may not be construed to do any of the following3 7,a7 ,limit the authority of a law enforcement agency to obtain any content or information from an operator pursuant to a lawfully executed warrant or an order of a court of competent jurisdiction4 7,b7 ,require an operator or third party to delete or correct information that-- 7i7 any other provision of ,federal or ,state law requires the operator or third party to maintain2 or 7ii7 was submitted to the website1 online service1 online application1 or mobile application of the operator by any person other than the user who is attempting to erase or otherwise eliminate the content or information1 including content or information submitted by the user that was republished or resubmitted by another person4 7,c7 ,prohibit an operator from doing any of the following3 7i7 ,retaining a record of the deletion request and the minimum information necessary for the purposes of ensuring compliance with a request made pursuant to subparagraph 7,b7 or 7,c7 of paragraph 7#a74 7ii7 ,preventing1 detecting1 protecting against1 or responding to any security incident1 identity theft1 or fraud1 or reporting a person responsible for any such action4 7iii7 ,protecting the integrity or security of a website1 online service1 online application or mobile application4 7iv7 ,ensuring that any such personal information remains deleted4 7#g7 ,common verifiable consent mechanism 7,a7 ,in general 7i7 ,feasibility of mechanism ,the ,commission1 with notice and public comment1 shall assess the feasibility of allowing operators the option to use a common verifiable consent mechanism that fully meets the requirements of this title4 7ii7 ,requirements ,the feasibility assessment required by clause 7i7 shall consider whether a single operator could use a common verifiable consent mechanism to obtain the verifiable consent required by this title from a parent of a child or from a teen on behalf of multiple listed operators that provide a joint or related service4 7,b7 ,report ,not later than #a year after the date of the enactment of this paragraph1 the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report with the findings of the feasibility assessment required by subparagraph 7,a77i74 7,c7 ,regulations ,if the ,commission finds that the use of a common verifiable consent mechanism is feasible and would meet the requirements of this title1 the ,commission shall issue regulations to permit the use of a common verifiable consent mechanism in accordance with the findings outlined in such report4 2 and 7#d7 in subsection 7c71 by striking a regulation prescribed under subsection 7a7 and inserting subparagraph 7,b71 7,c71 7,d71 or 7,e7 of subsection 7a77#a7 or of a regulation promulgated under subsection 7b74 7c7 ,safe harbors ,section #acjd of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #fejc7 is amended-- 7#a7 in subsection 7b77#a71 by inserting and teens after children2 and 7#b7 by adding at the end the following3 7d7 ,publication 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,commission shall publish on the internet website of the ,commission any report or documentation required by regulation to be submitted to the ,commission to carry out this title4 7#b7 ,restrictions on publication ,notwithstanding the publication requirement described in paragraph 7#a71 the restrictions described in sections #f7;f7 and section #ba of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #df7;f72 #eg;b-#b7 applicable to the disclosure of information obtained by the ,commission shall apply in the same manner to any publication under paragraph 7#a74 4 7d7 ,actions by ,states ,section #acje of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #fejd7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting section #acjc7;a77#a7 or before any regulation2 and 7,b7 in subparagraph 7,b71 by inserting section #acjc7;a77#a7 or before the regulation2 and 7#b7 in subsection 7d7-- 7,a7 by inserting section #acjc7;a77#a7 or before any regulation2 and 7,b7 by inserting section #acjc7;a77#a7 or before that regulation4 7e7 ,administration and applicability of ,act ,section #acjf of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feje7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking 1 in the case of and all that follows through the ,board of ,directors of the ,federal ,deposit ,insurance ,corporation2 and inserting the following3 by the appropriate ,federal banking agency with respect to any insured depository institution 7as such terms are defined in section #c of such ,act 7#ab ,u4,s4,c4 #ahac7722 and 7,b7 by striking paragraph 7#b72 and 7,c7 by redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#b7 through 7#e71 respectively2 7#b7 in subsection 7d7-- 7,a7 by striking a rule of the ,commission under section #acjc and inserting section #acjc7;a77#a7 or a regulation promulgated under section #acjc7;b72 and 7,b7 by striking such rule and inserting such section or such a regulation2 and 7#c7 by adding at the end the following new subsections3 7f7 ,rule of construction on age verification ,nothing in this title may be construed to require an operator to implement an age gating or age verification functionality on a website1 online service1 online application1 or mobile application of the operator4 7g7 ,additional requirement ,any regulation promulgated under this title shall include a description and analysis of the impact of proposed and final rules on small entities under chapter #f of title #e1 ,united ,states ,code 7commonly known as the ,regulatory ,flexibility ,act74 4 #fjc4 ,study and reports of mobile and online application oversight and enforcement 7a7 ,oversight report ,not later than #c years after the date of the enactment of this subtitle1 the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the processes of platforms that offer mobile and online applications for ensuring that1 of those applications that are websites1 online services1 online applications1 or mobile applications directed to children1 the applications operate in accordance with-- 7#a7 this subtitle1 the amendments made by this subtitle1 and regulations promulgated under this subtitle2 and 7#b7 any 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 practices with respect to marketing4 7b7 ,enforcement report ,not later than #a year after the date of the enactment of this subtitle1 and annually thereafter1 the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that addresses the following3 7#a7 ,the number of actions brought by the ,commission during the reporting year to enforce the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja et seq47 7referred to in this subsection as the ,act7 and the outcome of each such action4 7#b7 ,the total number of investigations or inquiries into potential violations of the ,act during the reporting year4 7#c7 ,the total number of open investigations or inquiries into potential violations of the ,act as of the date on which the report is submitted4 7#d7 ,the number and nature of complaints received by the ,commission relating to an allegation of a violation of the ,act during the reporting year4 7#e7 ,policy or legislative recommendations to strengthen online protections for children and teens4 #fjd4 ,,gao study 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study on the privacy and mental health of teens who use financial technology products that shall do the following3 7#a7 ,identify the type of financial technology products that teens use4 7#b7 ,identify the potential risks to the privacy and mental health of teens that may result from the use of such financial technology products4 7#c7 ,determine whether existing laws are sufficient to address any such risks4 7b7 ,report ,not later than #a year after the date of the enactment of this section1 the ,comptroller ,general shall submit to ,congress a report that details the results of the study conducted under subsection 7a7 and recommendations for any legislative or administrative action as the ,comptroller ,general determines appropriate4 #fje4 ,severability ,if any provision of this subtitle1 or any amendment made by this subtitle1 is determined to be unenforceable or invalid1 the remaining provisions of and amendments made by this subtitle shall not be affected4 ,b ,data ,broker ,disclosures #faa4 ,definitions ,in this subtitle3 7#a7 ,covered data broker 7,a7 ,in general ,the term covered data broker means an entity that1 for valuable consideration1 sells1 licenses1 rents1 trades1 transfers1 releases1 discloses1 provides access to1 or otherwise makes available to another entity personal data of an individual the data brokers knows is a minor that the entity did not collect directly from such individual to another entity that is not acting as a service provider4 7,b7 ,exception ,the term covered data broker does not include an entity to the extent that the entity does any of the following3 7i7 ,transmits personal data of an individual1 including any communication of such individual1 at the request or direction of such individual4 7ii7 ,provides1 maintains1 or offers a product or service with respect to which personal data1 or access to such data1 is not the product or service4 7iii7 ,reports or publishes news or information that concerns local1 national1 or international events or other matters of public interest4 7iv7 ,acts as a service provider4 7#b7 ,knows ,the term knows means to have actual knowledge or willful disregard4 7#c7 ,minor ,the term minor means an individual under the age of #ah years4 7#d7 ,personal data ,the term personal data has the meaning given the term personal information in section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja7 7as amended by section #fjb7;a77#d7 of this ,act74 7#e7 ,service provider ,the term service provider means an entity that-- 7,a7 collects1 processes1 or transfers personal data on behalf of and at the direction of-- 7i7 the minor to whom such information pertains2 7ii7 a parent of such a minor2 7iii7 a ,federal1 ,state1 or local government entity2 or 7iv7 an entity acting as a covered data broker or another service provider2 and 7,b7 receives data from or on behalf of an individual or entity described in subparagraph 7,a74 #fab4 ,registration requirement 7a7 ,data broker registration ,not later than #ab months after the date of the enactment of this subtitle1 and annually thereafter1 a covered data broker shall register with the ,commission by paying the registration fee set by the ,commission under subsection 7c7 and by filing a registration statement that includes the following information3 7#a7 ,the legal name of the covered data broker4 7#b7 ,a contact person and the primary physical address1 human-monitored email address1 human-monitored telephone number1 and website address for the covered data broker4 7#c7 ,a description of each category of personal data sold by the covered data broker4 7#d7 ,a statement of whether the covered data broker implements a purchaser credentialing process4 7#e7 ,a description of any incident of unauthorized access to personal data that the covered data broker has reported to a ,federal or ,state governmental entity pursuant to an applicable law1 rule1 or regulation during the year before the year in which the registration is filed and1 if known1 the total number of consumers affected by each previously reported incident of such unauthorized access4 7b7 ,data broker registry ,not later than #ah months after the date of the enactment of this subtitle1 the ,commission shall establish and maintain on a publicly available website of the ,commission a searchable1 central registry of covered data brokers registered under subsection 7a7 that includes-- 7#a7 a search feature that allows members of the public to search for and identify covered data brokers2 and 7#b7 for each covered data broker1 the information required by paragraphs 7#a7 through 7#e7 of subsection 7a74 7c7 ,annual registration fee ,the ,commission may charge a covered data broker an annual registration fee of at least #bb1ejj 7as adjusted on ,january #a each year by the percentage increase 7if any71 during the preceding #ab-month period1 in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics74 #fac4 ,rule of construction ,compliance with this subtitle shall not relieve a covered data broker of an obligation to register with any ,state covered data broker registry4 ,,vii ,general ,provisions #gja4 ,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 ,act1 and 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 7#c7 ,authority preserved ,nothing in this title may be construed to limit the authority of the ,commission under any other provision of law4 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 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 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 may 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 #gjb4 ,judicial review ,the ,united ,states ,district ,court for the ,district of ,columbia shall have exclusive jurisdiction over any challenge to the constitutionality of this ,act or the constitutionality of any action1 finding1 or determination under this ,act4 #gjc4 ,rules of construction ,nothing in this ,act may be construed to do any of the following3 7#a7 ,allow a governmental entity to enforce this ,act based on a viewpoint expressed by or through any speech1 expression1 or information protected by the ,first ,amendment to the ,constitution of the ,united ,states4 7#b7 ,prevent-- 7,a7 the taking of reasonable measures to block or filter spam1 prevent criminal activity1 or protect the security of a platform or service2 or 7,b7 compliance with the duties and reporting requirements set forth in #ah ,u4,s4,c4 #bbeh;,a4 7#c7 ,require the disclosure of the browsing behavior1 search history1 messages1 contact list1 or other content or metadata of the communications of a minor4 7#d7 ,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 ,act4 7#e7 ,expand1 limit the scope of1 or alter the meaning of section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj74 7#f7 ,restrict the ability to do any of the following3 7,a7 ,cooperate with a law enforcement agency regarding activity reasonably and in good faith believed to violate a ,federal1 ,state1 or local law1 rule1 or regulation4 7,b7 ,comply with a lawful civil1 criminal1 or regulatory inquiry1 subpoena1 or summons from a ,federal1 ,state1 local1 or other governmental authority4 7,c7 ,investigate1 establish1 exercise1 respond to1 or defend against a legal claim4 7,d7 ,prevent1 detect1 or respond to a security incident1 identity theft1 fraud1 harassment1 or any other malicious1 deceptive1 or illegal activity4 7,e7 ,investigate or report a person responsible for an activity described in subparagraph 7,d74 7#g7 ,decrypt or ensure an ability to decrypt an encrypted communication of a user4 7#h7 ,preclude the use of any form of encryption1 including end-to-end encryption1 for any communication of a user4 7#i7 ,require indefinite retention of data of a user4 7#aj7 ,require the affirmative collection of any personal information with respect to age that is not already collected in the normal course of business4 #gjd4 ,relationship to ,state laws 7a7 ,in general ,the provisions of this ,act shall preempt any law1 rule1 requirement1 or regulation of a ,state1 or a political subdivision of a ,state1 only to the extent that such law1 rule1 requirement1 or regulation conflicts with a provision of this ,act4 7b7 ,exception ,notwithstanding subsection 7a71 nothing in this ,act may be construed-- 7#a7 to preempt any law1 rule1 requirement1 or regulation of a ,state1 or political subdivision of a ,state1 with respect to contract1 tort1 or product liability2 or 7#b7 to prohibit a ,state1 or a political subdivision of a ,state1 from enacting or enforcing any law1 rule1 requirement1 or regulation that provides greater protection to minors than the protection provided by the provisions of this ,act4 7c7 ,children's ,online ,privacy ,protection ,act ,section #acjc of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #fejb7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,relationship to ,state law 7#a7 ,in general ,the provisions of this title shall preempt any law1 rule1 requirement1 or regulation of a ,state1 or a political subdivision of a ,state1 only to the extent that such law1 rule1 requirement1 or regulation conflicts with a provision of this title4 7#b7 ,exception ,notwithstanding paragraph 7#a71 nothing in this title may be construed-- 7,a7 to preempt any law1 rule1 requirement1 or regulation of a ,state1 or political subdivision of a ,state1 with respect to contract1 tort1 or product liability2 or 7,b7 to prohibit a ,state1 or a political subdivision of a ,state1 from enacting or enforcing any law1 rule1 requirement1 or regulation that provides greater protection to minors than the protection provided by the provisions of this title4 4 #gje4 ,severability ,if any provision of this ,act or the application of this ,act to any person or circumstance is held to be unconstitutional1 the remaining provisions of this ,act and the application of this ,act to other persons or circumstances shall not be affected4 #gjf4 ,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 the enactment of this ,act4 ,passed the ,house of ,representatives ,june #bi1 #bjbf4;,clerk4