,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ggeg ,,in ,,the ,,house ,,of ,,representatives ,march #c1 #bjbf,mr4 ,guthrie introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,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 ,sec4 #ajf4 ,relationship to ,state laws4 ,title ,,ii--,addressing ,harms to ,minors on ,online ,platforms ,sec4 #bja4 ,covered platform defined4 ,subtitle ,a--,kids ,online ,safety ,sec4 #baa4 ,short title4 ,sec4 #bab4 ,definitions4 ,sec4 #bac4 ,addressing harms to minors4 ,sec4 #bad4 ,safeguards for minors and parental tools4 ,sec4 #bae4 ,reporting mechanism4 ,sec4 #baf4 ,disclosure4 ,sec4 #bag4 ,advertising and marketing information and labels4 ,sec4 #bah4 ,advertising of illegal products4 ,sec4 #bai4 ,audit2 report4 ,sec4 #bbj4 ,rules of construction4 ,sec4 #bba4 ,relationship to ,state laws4 ,subtitle ,b--,safe ,messaging for ,kids ,sec4 #bca4 ,short title4 ,sec4 #bcb4 ,definitions4 ,sec4 #bcc4 ,prohibition on ephemeral messaging features for minors4 ,sec4 #bcd4 ,prohibition on direct messaging features for children4 ,sec4 #bce4 ,parental controls for direct messaging features for teens4 ,sec4 #bcf4 ,rule of construction on encryption4 ,sec4 #bcg4 ,relationship to ,state law4 ,sec4 #bch4 ,effective date4 ,subtitle ,c--,stop ,profiling ,youth and ,kids ,sec4 #bda4 ,short title4 ,sec4 #bdb4 ,user defined4 ,sec4 #bdc4 ,market research4 ,sec4 #bdd4 ,relationship to ,state laws4 ,sec4 #bde4 ,effective date4 ,title ,,iii--,social ,gaming ,platforms ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,definitions4 ,sec4 #cjc4 ,safeguards requirements for online video game providers4 ,sec4 #cjd4 ,relationship to ,state laws4 ,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 ,sec4 #djg4 ,relationship to ,state laws4 ,title ,v--,research1 ,education1 and ,best ,practices for ,protecting ,minors ,online ,subtitle ,a--,research ,sec4 #eja4 ,definitions4 ,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 for minors4 ,part #b--;,,ai ,warnings ,and ,resources for ,education 7,,aware7 ,act ,sec4 #ebc4 ,short title4 ,sec4 #ebd4 ,chatbots and minors4 ,subtitle ,c--,partnerships and ,best ,practices ,sec4 #ebe4 ,short title4 ,sec4 #ebf4 ,kids ,internet ,safety ,partnership4 ,title ,,vi--,general ,provisions ,sec4 #fja4 ,enforcement4 ,sec4 #fjb4 ,judicial review4 ,sec4 #fjc4 ,rules of construction4 ,sec4 #fjd4 ,severability4 ,sec4 #fje4 ,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 ,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#c7 ,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#d7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#e7 ,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#f7 ,fully automated system ,the term fully automated system means an operation or set of operations performed on data with minimal or no direction1 instruction1 prompting1 oversight1 involvement1 or intervention by an individual4 7#g7 ,know2 knows ,the term know or knows means to have actual knowledge or to have acted in willful disregard4 7#h7 ,minor ,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-- 7,a7 a natural parent2 7,b7 an adoptive parent2 7,c7 a legal guardian2 and 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 #feja74 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 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#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 parental consent ,the term verifiable parental consent has the meaning given that term in section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja74 ,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 ,child pornography2 minor ,the terms child pornography and minor have the meanings given those terms in section #bbef of title #ah1 ,united ,states ,code4 7#b7 ,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#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 ,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#e7 ,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 measures1 reasonably designed to ensure accuracy1 with respect to the covered platform of such provider to identify minors2 and 7#b7 prevent 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 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 ,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 platform74 7e7 ,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 under 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 requiring technology verification measures under section #ajc4 7#e7 ,recommendations1 if any1 to the ,commission on improving the enforcement of this title4 #ajf4 ,relationship to ,state laws 7a7 ,in general ,no ,state1 or political subdivision of a ,state1 may prescribe1 maintain1 enforce1 or continue in effect any law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law to the extent that such law1 rule1 regulation1 requirement1 standard1 or other provision requires a provider of a covered platform to use technology verification measures to prevent minors from accessing any sexual material harmful to minors on a covered platform of such provider4 7b7 ,rule of construction ,nothing in subsection 7a7 may be construed to preempt the applicability of any of the following3 7#a7 ,any law of a ,state with respect to trespass1 contract1 tort1 or product liability4 7#b7 ,any statutory law that creates a remedy or penalty for criminal conduct4 7#c7 ,any law of general applicability of a ,state with respect to consumer protection4 ,,ii ,addressing ,harms to ,minors on ,online ,platforms #bja4 ,covered platform defined ,in this title1 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-- 7,a7 that is searchable on the platform by other users through a function made available by the platform2 and 7,b7 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 ,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 one 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 ,geolocation information ,the term geolocation information means information sufficient to identify a street name and name of a city or town4 7#d7 ,processor ,the term processor means a person who-- 7,a7 processes personal information on behalf of a covered platform2 and 7,b7 does not determine the purpose and means of processing such personal information 7#e7 ,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#f7 ,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 #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 each of the following3 7#a7 ,the size and complexity of the covered platform4 7#b7 ,the technical feasibility of addressing the harms described in subsection 7a74 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 minors and parental tools 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 or visitors to communicate with such user or visitor4 7,b7 ,prevent the profile or personal information of such user or visitor from being recommended or suggested to another user or visitor who is not a minor4 7,c7 ,limit design features that result in compulsive usage of the covered platform by such user or visitor4 7,d7 ,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,e7 ,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 ,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 ,manage the privacy and account settings of such user1 including by using any safeguard established under subsection 7a77#a71 in a manner that allows the parent to-- 7i7 view the privacy and account settings2 and 7ii7 change and control the privacy and account settings4 7,b7 ,the ability to restrict purchases and financial transactions by such user1 if applicable4 7,c7 ,the ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by such user4 7#c7 ,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#d7 ,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#e7 ,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 tool with respect to such user by default on or after such effective date4 7c7 ,rules of application 7#a7 ,accessibility ,with respect to any safeguard described in subsection 7a77#a7 and any parental tool described in subsection 7b77#a71 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 option1 or parental tool4 7,b7 ,readily accessible and easy-to-use controls to enable or disable any such safeguard or parental tool1 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 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#a7 or any parental tool described in subsection 7b77#a74 7d7 ,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 providing any safeguard described in subsection 7a77#a7 or any parental tool described in subsection 7b77#a7 or otherwise assisting with meeting the requirements described in subsections 7a7 and 7b74 7#c7 ,prevent a parent or user from authorizing a third party described in paragraph 7#b7 to implement any safeguard described in subsection 7a77#a7 or any parental tool described in subsection 7b77#a7 4 #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 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#a7 or any parental tool described in section #bad7;b77#a74 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 or any parental tool described in section #bad7;b77#a7 to a parent of such user or visitor and obtain verifiable parental consent with respect to any such safeguard or parental tool4 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;,b7 and to obtain the verifiable parental consent described in subparagraph 7,a7 of this paragraph4 7b7 ,consolidated notices ,for purposes of this section1 a provider of a covered platform may consolidate the process for providing information and obtaining verifiable parental consent required by this section with the obligations of the provider to provide relevant notice and obtain verifiable parental 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 ,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#a7 or any parental tool described in section #bad7;b77#a74 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 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 in 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 ,rules of construction ,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 ,relationship to ,state laws ,no ,state1 or political subdivision of a ,state1 may prescribe1 maintain1 enforce1 or continue in effect any law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law if such law1 rule1 regulation1 requirement1 standard1 or other provision conflicts with the provisions of this subtitle4 ,b ,safe ,messaging for ,kids #bca4 ,short title ,this subtitle may be cited as the ,safe ,messaging for ,kids ,act or the ,,smk ,act4 #bcb4 ,definitions ,in this subtitle3 7#a7 ,app ,the term app means a software application that may be run or directed by a user on a computer1 mobile device1 or any other general purpose computing device4 7#b7 ,app store ,the term app store means a publicly available software application that distributes and facilitates the download onto a mobile device of an app from a third-party developer by a user of a computer1 mobile device1 or any other general purpose computing device4 7#c7 ,covered user ,the term covered user means a user of a covered platform if the provider of such covered platform knows that such user is a minor4 7#d7 ,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#e7 ,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 communication 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 communication 7if such deletion does not automatically occur for each recipient of the communication or by the default design of such function72 or 7ii7 standard data volatility in transit or temporary caching not designed to make such a communication permanently inaccessible after viewing or a short1 predetermined time4 7#f7 ,mobile device ,the term mobile device means a phone or general-purpose tablet that provides cellular or wireless connectivity1 is capable of connecting to the internet1 and is capable of running an app4 7#g7 ,parental direct messaging controls ,the term parental direct messaging controls means a set of tools or settings that a provider of a covered platform provides to a parent of a covered user of the covered platform that allows the parent to manage the use of a direct messaging feature by such covered user4 7#h7 ,teen covered user ,the term teen covered user means a covered user who has attained the age of #ac4 7#i7 ,unapproved contact ,the term unapproved contact1 with respect to a covered user for whom parental direct messaging controls have been activated1 means a user of a covered platform with respect to whom the teen covered user may not use a direct messaging feature unless a parent of such teen covered user has provided verifiable parental consent under this subtitle4 7#aj7 ,verifiable parental consent ,the term verifiable parental consent-- 7,a7 has the meaning given that term in section #b of this ,act2 and 7,b7 includes ongoing mechanisms for parents to activate and manage parental direct messaging controls provided under this subtitle4 #bcc4 ,prohibition on ephemeral messaging features for minors ,a provider of a covered platform may not offer1 provide1 or enable any ephemeral messaging feature of such covered platform to any covered user of the covered platform4 #bcd4 ,prohibition on direct messaging features for children ,a provider of a covered platform may not offer1 provide1 or enable any direct messaging feature of such covered platform to any covered user of the covered platform under the age of #ac years4 #bce4 ,parental controls for direct messaging features for teens 7a7 ,requirement ,a provider of a covered platform that offers1 provides1 or enables any direct messaging feature of such covered platform to any teen covered user of the covered platform shall provide easily accessible and usable parental direct messaging controls to a parent of such teen covered user that the parent may activate and manage by providing verifiable parental consent4 7b7 ,accessibility2 usability2 awareness ,the parental direct messaging controls described in subsection 7a7 shall meet the following requirements3 7#a7 ,be clearly and conspicuously accessible to a parent of a teen covered user through-- 7,a7 the settings of a profile of the teen covered user2 and 7,b7 any parental portal or interface offered by the covered platform4 7#b7 ,be designed to be user-friendly with clear explanations of the manner in which the parental direct messaging controls operate4 7c7 ,functionality of controls ,as a default setting on a covered platform1 the parental direct messaging controls described in subsection 7a7 shall allow a parent of a teen covered user of the covered platform to do the following 7unless the parent adjusts the default setting with respect to any of the following by providing verifiable parental consent73 7#a7 ,receive a timely notification that-- 7,a7 alerts the parent about a request from an unapproved contact who seeks to use a direct messaging feature of the covered platform with respect to the teen covered user2 and 7,b7 allows the parent to approve or deny the request before the unapproved contact and the teen covered user engage in any direct messaging through any such direct messaging feature4 7#b7 ,view and manage a list of any contacts approved for engaging in direct messaging with the teen covered user through any direct messaging feature of the covered platform4 7#c7 ,be informed if the teen covered user changes the age listed on a profile of the teen covered user on the covered platform 7if any such change affects the applicability of such parental direct messaging controls74 7#d7 ,disable any direct messaging feature of any such profile4 7#e7 ,prevent any specific user1 any specific group of users1 or other users in general1 from initiating or continuing to engage in direct messaging with the teen covered user through any direct messaging feature of the covered platform4 7#f7 ,enable the teen covered user to set a profile of the teen covered user on the covered platform as hidden on any search such that-- 7,a7 other users are prevented from searching for and finding such profile2 7,b7 other users are prevented from seeing the current online or offline status of the teen covered user2 and 7,c7 other users are prevented from initiating or continuing to engage in direct messaging with the teen covered user through any direct messaging feature of the covered platform4 7d7 ,no degradation of other features or services ,a provider of a covered platform may not degrade the functionality or availability of any other feature or service of the covered platform for a teen covered user of the covered platform based on the activation or management of parental direct messaging controls by a parent of the teen covered user under this section 7except as necessary to implement any such parental direct messaging controls74 7e7 ,no circumvention ,a provider of a covered platform shall take reasonable measures to prevent a teen covered user of the covered platform from easily circumventing parental direct messaging controls activated and managed by a parent of the teen covered user under this section4 #bcf4 ,rule of construction on encryption ,no requirement under this subtitle to restrict any feature for a covered user or to provide parental direct messaging controls for a direct 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 #bcg4 ,relationship to ,state law 7a7 ,in general ,no ,state1 or political subdivision of a ,state1 may prescribe1 maintain1 enforce1 or continue in effect any law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law to the extent that such law1 rule1 regulation1 requirement1 standard1 or other provision-- 7#a7 directly prohibits ephemeral or direct messaging on a covered platform for users under #ac2 or 7#b7 regulates parental direct messaging controls on covered platforms for teen covered users4 7b7 ,rule of construction ,nothing in subsection 7a7 may be construed to preempt the applicability of any of the following3 7#a7 ,any law of a ,state with respect to trespass1 contract1 tort1 or product liability4 7#b7 ,any statutory law that creates a remedy or penalty for criminal conduct4 7#c7 ,any law of general applicability of a ,state with respect to consumer protection4 #bch4 ,effective date 7a7 ,in general ,except as provided in subsection 7b71 this subtitle shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 7b7 ,exception ,the effective date described in subsection 7a7 does not apply with respect to section #bce4 ,c ,stop ,profiling ,youth and ,kids #bda4 ,short title ,this subtitle may be cited as the ,stop ,profiling ,youth and ,kids ,act or the ,,spy ,kids ,act4 #bdb4 ,user defined ,in this subtitle1 the term user1 with respect to a covered platform1 means an individual who registers an account or creates a profile on the covered platform4 #bdc4 ,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 #bdd4 ,relationship to ,state laws 7a7 ,in general ,no ,state1 or political subdivision of a ,state1 may prescribe1 maintain1 enforce1 or continue in effect any law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law to the extent that such law1 rule1 regulation1 requirement1 standard1 or other provision regulates the ability of a covered platform to conduct market or product-focused research on a minor4 7b7 ,rule of construction ,nothing in subsection 7a7 may be construed to preempt the applicability of any of the following3 7#a7 ,any law of a ,state with respect to trespass1 contract1 tort1 or product liability4 7#b7 ,any statutory law that creates a remedy or penalty for criminal conduct4 7#c7 ,any law of general applicability of a ,state with respect to consumer protection4 #bde4 ,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 ,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#e7 ,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 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 #cjd4 ,relationship to ,state laws 7a7 ,in general ,no ,state1 or political subdivision of a ,state1 may prescribe1 maintain1 enforce1 or continue in effect any law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law to the extent that such law1 rule1 regulation1 requirement1 standard1 or other provision regulates the provision of a covered communication tool or other safeguard by an online video game provider under this ,act4 7b7 ,rule of construction ,nothing in subsection 7a7 may be construed to preempt the applicability of any of the following3 7#a7 ,any law of a ,state with respect to trespass1 contract1 tort1 or product liability4 7#b7 ,any statutory law that creates a remedy or penalty for criminal conduct4 7#c7 ,any law of general applicability of a ,state with respect to consumer protection4 ,,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 #djc4 ,certain statements prohibited ,a chatbot provider may not provide to a covered user of a relevant 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 any access to sexual material harmful to minors2 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 #djg4 ,relationship to ,state laws 7a7 ,in general ,no ,state1 or political subdivision of a ,state1 may prescribe1 maintain1 enforce1 or continue in effect any law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law1 if such law1 rule1 regulation1 requirement1 standard1 or other provision conflicts with this ,act4 7b7 ,rule of construction ,nothing in subsection 7a7 may be construed to preempt the applicability of any of the following3 7#a7 ,any law of a ,state with respect to trespass1 contract1 tort1 or product liability4 7#b7 ,any statutory law that creates a remedy or penalty for criminal conduct4 7#c7 ,any law of general applicability of a ,state with respect to consumer protection4 ,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 the ,committee on ,energy and ,commerce of the ,house of ,representatives and 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 #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 7a7 ,in general ,the ,commission1 in coordination with the ,secretary of ,health and ,human ,services 7acting through the ,assistant ,secretary for ,mental ,health and ,substance ,use71 shall-- 7#a7 conduct a study on social media platform use by minors1 including with respect to-- 7,a7 what personal information is collected by social media platforms with respect to minors2 7,b7 how such personal information is used by the algorithms of the social media platforms2 7,c7 how such personal information is used with respect to targeted advertising2 7,d7 how often minors use social media platforms daily2 7,e7 differences in use of social media platforms related to the age ranges of minors2 7,f7 mental health effects on minors linked to the use of social media platforms2 and 7,g7 potential harmful effects and benefits for minors from extended social media platform use2 and 7#b7 not later than #c years after the date of the enactment of this ,act1 submit to ,congress a report on the findings of the study conducted under paragraph 7#a71 including any recommended policy changes based on such findings4 7b7 ,exemption ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act7 does not apply to this section4 #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 ,services1 acting through the ,commissioner of ,food and ,drugs and the ,administrator of the ,drug ,enforcement ,administration1 shall submit to the relevant congressional committees and publish on the website of the ,commission a report on the ability of minors to access fentanyl1 including through pressed pills1 on 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 on social media platforms4 7b7 ,consultation required ,in developing the report required by subsection 7a71 the ,commission shall consult with 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 paragraphs 7#c7 and 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 or 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 ,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 and recommendations resulting from the review described in subsection 7a74 7c7 ,exemption ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the 8,paperwork ,reduction ,act07 does not apply to this section4 #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 ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committees on ,commerce1 ,science1 and ,transportation and ,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 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 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 minors1 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 activities 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 4 7b7 ,technical and conforming amendments ,the table of contents for 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 the items related to sections #baa through #bad and #baf2 and 7#b7 inserting before section #bae the following3 ,sec4 #baa4 ,public awareness and educational campaign4 ,sec4 #bab4 ,annual report4 ,sec4 #bac4 ,definitions4 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 ,chatbots and 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-- 7#a7 the risks and benefits of chatbot use2 7#b7 privacy and data collection practices2 and 7#c7 best practices for parents supporting the safe use of chatbots by minors4 7c7 ,youville ,the ,commission shall1 in a manner appropriate for minors1 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 agencies1 including the ,commission1 and stakeholders to identify-- 7,a7 the risks for minors with respect to the use of websites1 online services1 online applications1 and mobile applications2 7,b7 the benefits for minors with respect to the use of websites1 online services1 online applications1 and mobile applications2 and 7,c7 widely accepted or evidence-based best practices that account for minors of different ages and-- 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-- 7,a7 age verification1 assurance1 and estimation techniques2 7,b7 design features2 7,c7 parental tools2 7,d7 default privacy and account settings2 7,e7 reporting systems and tools2 7,f7 third-party safety software services2 and 7,g7 limitations and opt-outs related to personalized recommendation systems and chatbots4 7d7 ,stakeholders ,in coordinating with stakeholders under 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 a website1 online service1 online application1 or mobile application provides to a parent of a user who the service or application 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 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 parental 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 ,general ,provisions #fja4 ,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 #fjb4 ,judicial review 7a7 ,right of action ,a petition for review that challenges the constitutionality of this ,act or the constitutionality of any action1 finding1 or determination under this ,act may be filed only in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7b7 ,exclusive jurisdiction ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit 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 7c7 ,statute of limitations ,a challenge to this ,act may only be brought-- 7#a7 in the case of a challenge to the constitutionality of this ,act1 not later than #ij days after the date of the enactment of this ,act2 and 7#b7 in the case of a challenge to the constitutionality of any action1 finding1 or determination under this ,act1 not later than #fj days after the date of such action1 finding1 or determination4 #fjc4 ,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 the taking of reasonable measures to block or filter spam1 prevent criminal activity1 or protect the security of a platform or service4 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-- 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 regulation2 7,b7 comply with a lawful civil1 criminal1 or regulatory inquiry1 subpoena1 or summons from a ,federal1 ,state1 local1 or other governmental authority2 7,c7 investigate1 establish1 exercise1 respond to1 or defend against a legal claim2 7,d7 prevent1 detect1 or respond to a security incident1 identity theft1 fraud1 harassment1 or any other malicious1 deceptive1 or illegal activity2 or 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 ,design1 build1 or implement any feature1 function1 software1 hardware1 or other capability for the purpose of weakening1 undermining1 circumventing1 or overcoming any security control1 including encryption1 that is used to protect the privacy or security of any communication or data of a user4 7#aj7 ,require indefinite retention of data of a user4 7#aa7 ,require the affirmative collection of any personal information with respect to age that is not collected already in the normal course of business4 #fjd4 ,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 #fje4 ,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