,,ii #aaith ,,congress #ast ,session ,s4 #agdh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ad1 #bjbe,mrs4 ,blackburn 7for herself1 ,mr4 ,blumenthal1 ,mr4 ,thune1 and ,mr4 ,schumer7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect the safety of children on the internet4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,kids ,online ,safety ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,kids ,online ,safety,sec4 #aja4 ,definitions4,sec4 #ajb4 ,duty of care4,sec4 #ajc4 ,safeguards for minors4,sec4 #ajd4 ,disclosure4,sec4 #aje4 ,transparency4,sec4 #ajf4 ,market research4,sec4 #ajg4 ,age verification study and report4,sec4 #ajh4 ,guidance4,sec4 #aji4 ,enforcement4,sec4 #aaj4 ,kids online safety council4,sec4 #aaa4 ,effective date4,sec4 #aab4 ,rules of construction and other matters4,,title ,,ii--,filter ,bubble ,transparency,sec4 #bja4 ,definitions4,sec4 #bjb4 ,requirement to allow users to see unmanipulated content on internet platforms4,,title ,,iii--,relationship to ,state laws2 severability,sec4 #cja4 ,relationship to ,state laws4,sec4 #cjb4 ,severability4 ,i ,kids ,online ,safety #aja4 ,definitions ,in this title3 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 significantly impacts one or more major life activities of an individual1 including socializing1 sleeping1 eating1 learning1 reading1 concentrating1 communicating1 or working4 7#c7 ,covered platform 7,a7 ,in general ,the term covered platform means an online platform1 online video game1 messaging application1 or video streaming service that connects to the internet and that is used1 or is reasonably likely to be used1 by a minor4 7,b7 ,exceptions ,the term covered platform does not include-- 7i7 an entity acting in its capacity as a provider of-- 7,i7 a common carrier service subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and all ,acts amendatory thereof and supplementary thereto2 7,,ii7 a broadband internet access service 7as such term is defined for purposes of section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation72 7,,iii7 an email service2 7,,iv7 a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication1 provided that-- 7aa7 the service is not an online platform2 and 7bb7 the real-time communication is initiated by using a unique link or identifier to facilitate access2 or 7,v7 a wireless messaging service1 including such a service provided through short messaging service or multimedia messaging service protocols1 that is not a component of1 or linked to1 an online platform and where the predominant or exclusive function is direct messaging consisting of the transmission of text1 photos or videos that are sent by electronic means1 where messages are transmitted from the sender to a recipient1 and are not posted within an online platform or publicly2 7ii7 an organization not organized to carry on business for its own profit or that of its members2 7iii7 any public or private-- 7,i7 early childhood education program or preschool that provides for the care1 development1 and education of infants1 toddlers1 or young children who are not yet enrolled in kindergarten2 7,,ii7 elementary school 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja77 or secondary school 7as so defined72 7,,iii7 school providing career and technical education 7as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb772 7,,iv7 school providing adult education and literacy activities 7as defined in section #bjc of the ,adult ,education and ,family ,literacy ,act 7#bi ,u4,s4,c4 #cbgb772 or 7,v7 institution of higher education 7as defined in section #aja1 and subparagraphs 7,a7 and 7,b7 of section #ajb7;a77#a71 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja1 #ajjb7;a77#a7772 7iv7 a library 7as defined in section #bac of the ,library ,services and ,technology ,act 7#bj ,u4,s4,c4 #iabb772 7v7 a news or sports coverage website or app where-- 7,i7 the inclusion of video content on the website or app is related to the website or app's own gathering1 reporting1 or publishing of news content or sports coverage2 and 7,,ii7 the website or app is not otherwise an online platform2 7vi7 a product or service that primarily functions as business-to-business software1 such as a cloud storage1 file sharing1 or file collaboration service2 7vii7 a virtual private network or similar service that exists predominantly to route internet traffic between locations2 or 7viii7 a government entity with a 4gov internet domain 7as described in section #bbae of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ffe774 7#d7 ,design feature ,the term design feature means any feature or component of a covered platform that will encourage or increase the frequency1 time spent1 or activity of minors on the covered platform4 ,design features include but are not limited to-- 7,a7 infinite scrolling or auto play2 7,b7 rewards or incentives based on the frequency1 time spent1 or activity of minors on the covered platform2 7,c7 notifications and push alerts2 7,d7 badges or other visual award symbols based on the frequency1 time spent1 or activity of minors on the covered platform2 7,e7 personalized design features2 7,f7 in-game purchases2 or 7,g7 appearance altering filters4 7#e7 ,geolocation ,the term geolocation has the meaning given the term geolocation information in section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja71 as added by section #bja7;a74 7#f7 ,know or knows ,the term know or knows means to have actual knowledge or knowledge fairly implied on the basis of objective circumstances4 7#g7 ,microtransaction 7,a7 ,in general ,the term microtransaction means a purchase made in an online video game 7including a purchase made using a virtual currency that is purchasable or redeemable using cash or credit or that is included as part of a paid subscription service74 7,b7 ,inclusions ,such term includes a purchase involving surprise mechanics1 new characters1 or in-game items4 7,c7 ,exclusions ,such term does not include-- 7i7 a purchase made in an online video game using a virtual currency that is earned through gameplay and is not otherwise purchasable or redeemable using cash or credit or included as part of a paid subscription service2 or 7ii7 a purchase of additional levels within the game or an overall expansion of the game4 7#h7 ,minor ,the term minor means an individual who is under the age of #ag4 7#i7 ,narcotic drug ,the term narcotic drug has the meaning given such term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#aj7 ,online platform 7,a7 ,in general ,the term online platform means any public-facing website1 online service1 online application1 or mobile application that predominantly provides a community forum for user-generated content1 such as sharing videos1 images1 games1 audio files1 or other content1 including a social media service1 social network1 or virtual reality environment4 7,b7 ,incidental chat functions ,a website1 online service1 online application1 or mobile application is not an online platform solely on the basis that it includes a chat1 comment1 or other interactive function that is incidental to its predominant purpose4 7#aa7 ,online video game ,the term online video game means a video game1 including an educational video game1 that connects to the internet and that allows a user to-- 7,a7 create and upload content other than content that is incidental to gameplay1 such as character or level designs created by the user1 preselected phrases1 or short interactions with other users2 7,b7 engage in microtransactions within the game2 or 7,c7 communicate with other users4 7#ab7 ,parent ,the term parent includes a legal guardian4 7#ac7 ,personal data ,the term personal data has the same meaning as the term personal information as defined in section #acjb of the ,children's ,online ,privacy ,protection ,act 7#ae ,u4,s4,c4 #feja74 7#ad7 ,personalized design feature ,the term personalized design feature means a fully or partially automated system1 including a recommendation system1 that is based on the collection of personal data of users and that encourages or increases the frequency1 time spent1 or activity of minors on the covered platform4 7#ae7 ,personalized recommendation system ,the term personalized recommendation system means a fully or partially automated system used to suggest1 promote1 or rank content1 including other users1 hashtags1 or posts1 based on the personal data of users4 ,a recommendation system that suggests1 promotes1 or ranks content based solely on the user's language1 city or town1 or age shall not be considered a personalized recommendation system4 7#af7 ,sexual exploitation and abuse ,the term sexual exploitation and abuse means any of the following3 7,a7 ,coercion and enticement1 as described in section #bdbb of title #ah1 ,united ,states ,code4 7,b7 ,child sexual abuse material1 as described in sections #bbea1 #bbeb1 #bbeb;,a1 and #bbfj of title #ah1 ,united ,states ,code4 7,c7 ,trafficking for the production of images1 as described in section #bbea;,a of title #ah1 ,united ,states ,code4 7,d7 ,sex trafficking of children1 as described in section #aeia of title #ah1 ,united ,states ,code4 7#ag7 ,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#ah7 ,user ,the term user means1 with respect to a covered platform1 an individual who registers an account or creates a profile on the covered platform4 #ajb4 ,duty of care 7a7 ,prevention of harm to minors ,a covered platform shall exercise reasonable care in the creation and implementation of any design feature to prevent and mitigate the following harms to minors where a reasonable and prudent person would agree that such harms were reasonably foreseeable by the covered platform and would agree that the design feature is a contributing factor to such harms3 7#a7 ,eating disorders1 substance use disorders1 and suicidal behaviors4 7#b7 ,depressive disorders and anxiety disorders when such conditions have objectively verifiable and clinically diagnosable symptoms and are related to compulsive usage4 7#c7 ,patterns of use that indicate compulsive usage4 7#d7 ,physical violence or online harassment activity that is so severe1 pervasive1 or objectively offensive that it impacts a major life activity of a minor4 7#e7 ,sexual exploitation and abuse of minors4 7#f7 ,distribution1 sale1 or use of narcotic drugs1 tobacco products1 cannabis products1 gambling1 or alcohol4 7#g7 ,financial harms caused by unfair or deceptive acts or practices 7as defined in section #e7;a77#d7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#d7774 7b7 ,rules of construction 7#a7 ,nothing in subsection 7a7 shall be construed to require a covered platform to prevent or preclude any minor from-- 7,a7 deliberately and independently searching for1 or specifically requesting1 content2 or 7,b7 accessing resources and information regarding the prevention or mitigation of the harms described in subsection 7a74 7#b7 ,nothing in this section shall be construed to allow a government entity to enforce subsection 7a7 based upon the viewpoint of users expressed by or through any speech1 expression1 or information protected by the ,first ,amendment to the ,constitution of the ,united ,states4 #ajc4 ,safeguards for minors 7a7 ,safeguards for minors 7#a7 ,safeguards ,a covered platform shall provide a user or visitor that the covered platform knows is a minor with readily accessible and easy-to-use safeguards to1 as applicable-- 7,a7 limit the ability of other users or visitors to communicate with the minor2 7,b7 prevent other users or visitors1 whether registered or not1 from viewing the minor's personal data collected by or shared on the covered platform1 in particular restricting public access to personal data2 7,c7 limit by default design features that encourage or increase the frequency1 time spent1 or activity of minors on the covered platform1 such as infinite scrolling1 auto playing1 rewards for time spent on the platform1 notifications1 and other design features that result in compulsive usage of the covered platform by the minor2 7,d7 control personalized recommendation systems1 including the ability for a minor to have-- 7i7 a prominently displayed option to opt out of such personalized recommendation systems1 while still allowing the display of content based on a chronological format2 and 7ii7 a prominently displayed option to limit types or categories of recommendations from such systems2 and 7,e7 restrict the sharing of the geolocation of the minor and provide notice regarding the tracking of the minor's geolocation4 7#b7 ,option ,a covered platform shall provide a user that the covered platform knows is a minor with a readily accessible and easy-to-use option to limit the amount of time spent by the minor on the covered platform4 7#c7 ,default safeguard settings for minors ,a covered platform shall provide that1 in the case of a user or visitor that the platform knows is a minor1 the default setting for any safeguard described under paragraph 7#a7 shall be the option available on the platform that provides the most protective level of control that is offered by the platform over privacy and safety for that user or visitor1 unless otherwise enabled by the parent of the minor4 7b7 ,parental tools 7#a7 ,tools ,a covered platform shall provide readily accessible and easy-to-use parental tools for parents to support a user that the platform knows is a minor with respect to the use of the platform by that user4 7#b7 ,requirements ,the parental tools provided by a covered platform under paragraph 7#a7 shall include-- 7,a7 the ability to manage a minor's privacy and account settings1 including the safeguards and options established under subsection 7a71 in a manner that allows parents to-- 7i7 view the privacy and account settings2 and 7ii7 in the case of a user that the platform knows is a child1 change and control the privacy and account settings2 7,b7 the ability to restrict purchases and financial transactions by the minor1 where applicable2 and 7,c7 the ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by the minor4 7#c7 ,notice to minors ,a covered platform shall provide clear and conspicuous notice to a user when the tools described in this subsection are in effect and what settings or controls have been applied4 7#d7 ,default tools ,a covered platform shall provide that1 in the case of a user that the platform knows is a child1 the tools required under paragraph 7#a7 shall be enabled by default4 7#e7 ,application to existing accounts ,if1 prior to the effective date of this subsection1 a covered platform provided a parent of a user that the platform knows is a child with notice and the ability to enable the parental tools described under this subsection in a manner that would otherwise comply with this subsection1 and the parent opted out of enabling such tools1 the covered platform is not required to enable such tools with respect to such user by default when this subsection takes effect4 7c7 ,reporting mechanism 7#a7 ,reporting tools ,a covered platform shall provide-- 7,a7 a readily accessible and easy-to-use means for users and visitors to submit reports to the covered platform of harms to a minor on the covered platform2 7,b7 an electronic point of contact specific to matters involving harms to a minor2 and 7,c7 confirmation of the receipt of such a report and1 within the applicable time period described in paragraph 7#b71 a substantive response to the individual that submitted the report4 7#b7 ,timing ,a covered platform shall establish an internal process to receive and substantively respond to such reports in a reasonable and timely manner1 but in no case later than-- 7,a7 #aj days after the receipt of a report1 if1 for the most recent calendar year1 the platform averaged more than #aj1jjj1jjj active users on a monthly basis in the ,united ,states2 7,b7 #ba days after the receipt of a report1 if1 for the most recent calendar year1 the platform averaged less than #aj1jjj1jjj active users on a monthly basis in the ,united ,states2 and 7,c7 notwithstanding subparagraphs 7,a7 and 7,b71 if the report involves an imminent threat to the safety of a minor1 as promptly as needed to address the reported threat to safety4 7d7 ,advertising of illegal products ,a covered platform shall not facilitate the advertising of narcotic drugs1 cannabis products1 tobacco products1 gambling1 or alcohol to an individual that the covered platform knows is a minor4 7e7 ,rules of application 7#a7 ,accessibility ,with respect to safeguards and parental tools described under subsections 7a7 and 7b71 a covered platform shall provide-- 7,a7 information and control options in a clear and conspicuous manner that takes into consideration the differing ages1 capacities1 and developmental needs of the minors most likely to access the covered platform and does not encourage minors or parents to weaken or disable safeguards or parental tools2 7,b7 readily accessible and easy-to-use controls to enable or disable safeguards or parental tools1 as appropriate2 and 7,c7 information and control options in the same language1 form1 and manner as the covered platform provides the product or service used by minors and their parents4 7#b7 ,dark patterns prohibition ,it shall be unlawful for any covered platform to design1 embed1 modify1 or manipulate a user interface of a covered platform with the purpose or substantial effect of obscuring1 subverting or impairing user autonomy1 decision-making1 or choice with respect to safeguards or parental tools required under this section4 7#c7 ,timing considerations 7,a7 ,no interruption to gameplay ,subsections 7a77#a77;,c7 and 7b77#c7 shall not require an online video game to interrupt the natural sequence of gameplay1 such as progressing through game levels or finishing a competition4 7,b7 ,application of changes to offline devices or accounts ,if a user's device or user account does not have access to the internet at the time of a change to parental tools1 a covered platform shall apply changes the next time the device or user is connected to the internet4 7f7 ,device or console controls 7#a7 ,in general ,nothing in this section shall be construed to prohibit a covered platform from integrating its products or service with1 or duplicate controls or tools provided by1 third-party systems1 including operating systems or gaming consoles1 to meet the requirements imposed under subsections 7a7 and 7b7 relating to safeguards for minors and parental tools1 provided that-- 7,a7 the controls or tools meet such requirements2 and 7,b7 the minor or parent is provided sufficient notice of the integration and use of the parental tools4 7#b7 ,preservation of protections ,in the event of a conflict between the controls or tools of a third-party system1 including operating systems or gaming consoles1 and a covered platform1 the covered platform is not required to override the controls or tools of a third-party system if it would undermine the protections for minors from the safeguards or parental tools imposed under subsections 7a7 and 7b74 7g7 ,exception ,a covered platform shall provide the safeguards and parental tools described in subsections 7a7 and 7b7 to an educational agency or institution 7as defined in section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7a77#c7771 rather than to the user or visitor1 when the covered platform is acting on behalf of the educational agency or institution subject to a written contract that complies with the requirements of the ,children's ,online ,privacy ,protection ,act 7#ae ,u4,s4,c4 #feja et seq47 and the ,family ,educational ,rights and ,privacy ,act of #aigd 7#bj ,u4,s4,c4 #abcb;g74 7h7 ,rules of construction ,nothing in this section shall be construed to-- 7#a7 prevent a covered platform from taking reasonable measures to-- 7,a7 block1 detect1 or prevent the distribution of unlawful1 obscene1 or other harmful material to minors as described in section #ajb7;a72 or 7,b7 block or filter spam1 prevent criminal activity1 or protect the security of a platform or service2 7#b7 require the disclosure of the browsing behavior1 search history1 messages1 contact list1 or other content or metadata of the communications of a minor2 7#c7 prevent a covered platform from using a personalized recommendation system to display content to a minor if the system only uses information on-- 7,a7 the language spoken by the minor2 7,b7 the city the minor is located in2 or 7,c7 the minor's age2 7#d7 prevent an online video game from disclosing a username or other user identification for the purpose of competitive gameplay or to allow for the reporting of users2 7#e7 prevent a covered platform from contracting or entering into an agreement with a third-party entity1 whose primary or exclusive function is to provide the safeguards or parental tools required under subsections 7a7 and 7b7 or to offer similar or stronger protective capabilities for minors1 to assist with meeting the requirements imposed under subsections 7a7 and 7b72 or 7#f7 prevent a parent or user from authorizing a third-party entity described in subparagraph 7#e7 to implement such safeguards or parental tools or provide similar or stronger protective capabilities for minors1 at the choice of the parent or user4 #ajd4 ,disclosure 7a7 ,notice 7#a7 ,registration or purchase ,prior to registration or purchase of a covered platform by an individual that the platform knows is a minor1 the platform shall provide clear1 conspicuous1 and easy-to-understand-- 7,a7 notice of the policies and practices of the covered platform with respect to safeguards for minors2 7,b7 information about how to access the safeguards and parental tools required under section #ajc2 and 7,c7 notice about how to access the information on personalized recommendation systems required under subsection 7b74 7#b7 ,notification 7,a7 ,notice and acknowledgment ,in the case of an individual that a covered platform knows is a child1 the platform shall provide information about the parental tools and safeguards required under section #ajc to a parent of the child and obtain verifiable consent 7as defined in section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja774 7,b7 ,reasonable effort ,a covered platform shall be deemed to have satisfied the requirement described in subparagraph 7,a7 if the covered platform is in compliance with the requirements of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja et seq47 to use reasonable efforts 7taking into consideration available technology7 to provide a parent with the information described in subparagraph 7,a7 and to obtain verifiable consent as required4 7#c7 ,consolidated notices ,for purposes of this title1 a covered platform may consolidate the process for providing information under this subsection and obtaining verifiable consent or the consent of the minor involved 7as applicable7 as required under this subsection with the obligations of the covered platform to provide relevant notice and obtain verifiable consent under the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja et seq474 7#d7 ,guidance ,the ,federal ,trade ,commission may issue guidance to assist covered platforms in complying with the specific notice requirements of this subsection4 7b7 ,personalized recommendation system ,a covered platform that operates a personalized recommendation system shall set out in its terms and conditions1 in a clear1 conspicuous1 and easy-to-understand manner-- 7#a7 an overview of how each personalized recommendation system is used by the covered platform to provide information to minors1 including how such systems use the personal data of minors2 and 7#b7 information about options for minors or their parents to opt out of or control the personalized recommendation system 7as applicable74 7c7 ,advertising and marketing information and labels 7#a7 ,information and labels ,a covered platform shall provide clear1 conspicuous1 and easy-to-understand labels and information1 which can be provided through a link to another web page or disclosure1 to minors on advertisements regarding-- 7,a7 the name of the product1 service1 or brand and the subject matter of an advertisement2 and 7,b7 whether particular media displayed to the minor is an advertisement or marketing material1 including disclosure of endorsements of products1 services1 or brands made for commercial consideration by other users of the platform4 7#b7 ,guidance ,the ,federal ,trade ,commission may issue guidance to assist covered platforms in complying with the requirements of this subsection1 including guidance about the minimum level of information and labels for the disclosures required under paragraph 7#a74 7d7 ,resources for parents and minors ,a covered platform shall provide to minors and parents clear1 conspicuous1 easy-to-understand1 and comprehensive information in a prominent location1 which may include a link to a web page1 regarding-- 7#a7 the policies and practices of the covered platform with respect to safeguards for minors2 and 7#b7 how to access the safeguards and parental tools required under section #ajc4 7e7 ,resources in additional languages ,a covered platform shall ensure1 to the extent practicable1 that the disclosures required by this section are made available in the same language1 form1 and manner as the covered platform provides any product or service used by minors and their parents4 #aje4 ,transparency 7a7 ,in general ,subject to subsection 7b71 not less frequently than once a year1 a covered platform shall issue a public report that addresses the matters in subsection 7c7 based on an independent1 third-party audit of the covered platform with a reasonable level of assurance4 7b7 ,scope of application ,the requirements of this section shall apply to a covered platform if-- 7#a7 for the most recent calendar year1 the platform averaged more than #aj1jjj1jjj active users on a monthly basis in the ,united ,states2 and 7#b7 the platform predominantly provides a community forum for user-generated content and discussion1 including sharing videos1 images1 games1 audio files1 discussion in a virtual setting1 or other content1 such as acting as a social media platform1 virtual reality environment1 or a social network service4 7c7 ,content 7#a7 ,transparency ,the public reports required of a covered platform under this section shall include-- 7,a7 an assessment of the extent to which the platform is likely to be accessed by minors2 7,b7 a description of the commercial interests of the covered platform being used by minors2 7,c7 an accounting1 based on the data held by the covered platform1 of-- 7i7 the number of users using the covered platform that the platform knows to be minors in the ,united ,states2 7ii7 the median and mean amounts of time spent on the platform by users known to be minors in the ,united ,states who have accessed the platform during the reporting year on a daily1 weekly1 and monthly basis2 and 7iii7 the amount of content being accessed by users that the platform knows to be minors in the ,united ,states that is in ,english1 and the top #e non-,english languages used by users accessing the platform in the ,united ,states2 7,d7 an accounting of total reports received through the reporting mechanism described in section #ajc1 disaggregated by language1 including ,english and the top #e non-,english languages used by users accessing the platform from the ,united ,states 7as identified under subparagraph 7,c77iii772 and 7,e7 an assessment of the safeguards and parental tools under section #ajc1 representations regarding the use of the personal data of minors1 and other matters regarding compliance with this title4 7#b7 ,evaluation ,the public reports required under this section shall include-- 7,a7 an assessment based on aggregate data on the exercise of safeguards and parental tools described in section #ajc1 and other competent and reliable empirical evidence2 7,b7 a description of whether and how the covered platform uses design features that increase1 sustain1 or extend the use of a product or service by a minor2 7,c7 a description of whether1 how1 and for what purpose the platform collects or processes categories of personal data1 including how personal data is used to operate personalized recommendation systems related to minors2 7,d7 an evaluation of the efficacy of safeguards for minors and parental tools under section #ajc1 and any issues in delivering such safeguards and parental tools2 and 7,e7 an assessment of differences1 with respect to the matters described in subparagraphs 7,a7 through 7,d71 across different ,english and non-,english languages and efficacy of safeguards in those languages4 7#c7 ,mitigation ,the public reports required of a covered platform under this section shall include1 for ,english and the top #e non-,english languages used by users accessing the platform from the ,united ,states 7as identified under paragraph 7#b77;,c77iii77-- 7,a7 a description of the safeguards and parental tools available to minors and parents on the covered platform2 7,b7 a description of the prevention and mitigation measures a covered platform may take1 if any1 in response to the assessments conducted under paragraph 7#b71 including steps take to provide the most protective level of control over safety by default2 7,c7 a description of the processes used for the creation and implementation of any design feature that will be used by minors2 7,d7 a description and assessment of handling reports under the requirement of section #ajc7;c71 including the rate of response1 timeliness1 and substantiveness of responses2 and 7,e7 the status of implementing prevention and mitigation measures identified in prior assessments4 7d7 ,reasonable inspection ,in conducting an inspection of the reasonably foreseeable risk of harm to minors under this section1 an independent1 third-party auditor shall-- 7#a7 take into consideration the function of personalized recommendation systems2 7#b7 consult parents and youth experts1 including youth and families with relevant past or current experience1 public health and mental health nonprofit organizations1 health and development organizations1 and civil society with respect to the prevention of harms to minors2 7#c7 conduct research based on experiences of minors that use the covered platform1 including reports under section #ajc7;c7 and information provided by law enforcement2 7#d7 take account of research1 including research regarding design features1 marketing1 or product integrity1 industry best practices1 or outside research2 7#e7 take into consideration indicia or inferences of age of users1 in addition to any self-declared information about the age of users2 and 7#f7 take into consideration differences in risk of reasonably foreseeable harms and effectiveness of safeguards across ,english and non-,english languages4 7e7 ,cooperation with independent1 third-,party audit ,to facilitate the report required by subsection 7c71 a covered platform shall-- 7#a7 provide or otherwise make available to the independent third-party conducting the audit all information and material in its possession1 custody1 or control that is relevant to the audit2 7#b7 provide or otherwise make available to the independent third-party conducting the audit access to all network1 systems1 and assets relevant to the audit2 and 7#c7 disclose all relevant facts to the independent third-party conducting the audit1 and not misrepresent in any manner1 expressly or by implication1 any relevant fact4 7f7 ,privacy safeguards 7#a7 ,in general ,in issuing the public reports required under this section1 a covered platform shall take steps to safeguard the privacy of its users1 including ensuring that data is presented in a de-identified1 aggregated format such that it is not reasonably linkable to any user4 7#b7 ,rule of construction ,this section shall not be construed to require the disclosure of information that will lead to material vulnerabilities for the privacy of users or the security of a covered platform's service or create a significant risk of the violation of ,federal or ,state law4 7#c7 ,definition of de-identified ,as used in this subsection1 the term de-identified means data that does not identify and is not linked or reasonably linkable to a device that is linked or reasonably linkable to an individual1 regardless of whether the information is aggregated4 7g7 ,location ,the public reports required under this section should be posted by a covered platform on an easy to find location on a publicly available website4 #ajf4 ,market research 7a7 ,prohibition of research on children ,a covered platform shall not1 in the case of a user or visitor that the covered platform knows is a child1 conduct market or product-focused research on such child4 7b7 ,market research on minors ,a covered platform may not1 in the case of a user or visitor that the online platform knows is a minor1 conduct market or product-focused research on such minor1 unless the covered platform obtains verifiable parental consent 7as defined in section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja77 prior to conducting such research on such minor4 #ajg4 ,age verification study and report 7a7 ,study ,the ,secretary of ,commerce1 in coordination with the ,federal ,communications ,commission and the ,federal ,trade ,commission1 shall conduct a study evaluating the most technologically feasible methods and options for developing systems to verify age at the device or operating system level4 7b7 ,contents ,such study shall consider-- 7#a7 the benefits of creating a device or operating system level age verification system2 7#b7 what information may need to be collected to create this type of age verification system2 7#c7 the accuracy of such systems and their impact or steps to improve accessibility1 including for individuals with disabilities2 7#d7 how such a system or systems could verify age while mitigating risks to user privacy and data security and safeguarding minors' personal data1 emphasizing minimizing the amount of data collected and processed by covered platforms and age verification providers for such a system2 7#e7 the technical feasibility1 including the need for potential hardware and software changes1 including for devices currently in commerce and owned by consumers2 and 7#f7 the impact of different age verification systems on competition1 particularly the risk of different age verification systems creating barriers to entry for small companies4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the agencies described in subsection 7a7 shall submit a report containing the results of the study conducted under such subsection to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 #ajh4 ,guidance 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,trade ,commission shall issue guidance to-- 7#a7 provide information and examples for covered platforms and auditors regarding the following1 with consideration given to differences across ,english and non-,english languages-- 7,a7 identifying design features that encourage or increase the frequency1 time spent1 or activity of minors on the covered platform2 7,b7 safeguarding minors against the possible misuse of parental tools2 7,c7 best practices in providing minors and parents the most protective level of control over privacy and safety2 7,d7 using indicia or inferences of age of users for assessing use of the covered platform by minors2 7,e7 methods for evaluating the efficacy of safeguards set forth in this title2 and 7,f7 providing additional parental tool options that allow parents to address the harms described in section #ajb7;a72 and 7#b7 outline conduct that does not have the purpose or substantial effect of subverting or impairing user autonomy1 decision-making1 or choice1 or of causing1 increasing1 or encouraging compulsive usage for a minor1 such as-- 7,a7 de minimis user interface changes derived from testing consumer preferences1 including different styles1 layouts1 or text1 where such changes are not done with the purpose of weakening or disabling safeguards or parental tools2 7,b7 algorithms or data outputs outside the control of a covered platform2 and 7,c7 establishing default settings that provide enhanced privacy protection to users or otherwise enhance their autonomy and decision-making ability4 7b7 ,guidance on knowledge standard ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,trade ,commission shall issue guidance to provide information1 including best practices and examples1 for covered platforms to understand how the ,commission would determine whether a covered platform had knowledge fairly implied on the basis of objective circumstances for purposes of this title4 7c7 ,limitation on ,federal ,trade ,commission guidance 7#a7 ,effect of guidance ,no guidance issued by the ,federal ,trade ,commission with respect to this title shall-- 7,a7 confer any rights on any person1 ,state1 or locality2 or 7,b7 operate to bind the ,federal ,trade ,commission or any court1 person1 ,state1 or locality to the approach recommended in such guidance4 7#b7 ,use in enforcement actions ,in any enforcement action brought pursuant to this title1 the ,federal ,trade ,commission or a ,state attorney general1 as applicable-- 7,a7 shall allege a violation of a provision of this title2 and 7,b7 may not base such enforcement action on1 or execute a consent order based on1 practices that are alleged to be inconsistent with guidance issued by the ,federal ,trade ,commission with respect to this title1 unless the practices are alleged to violate a provision of this title4 ,for purposes of enforcing this title1 ,state attorneys general shall take into account any guidance issued by the ,commission under subsection 7b74 #aji4 ,enforcement 7a7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair and deceptive acts or practices ,a violation of this title shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,the ,federal ,trade ,commission 7referred to in this section as the ,commission7 shall enforce this title 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 title4 7,b7 ,privileges and immunities ,any person that violates this title shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,authority preserved ,nothing in this title shall be construed to limit the authority of the ,commission under any other provision of law4 7b7 ,enforcement by ,state attorneys general 7#a7 ,in general 7,a7 ,civil actions ,in any case in which the attorney general of a ,state has reason to believe that a covered platform has violated or is violating section #ajc1 #ajd1 or #aje1 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in a district court of the ,united ,states or a ,state court of appropriate jurisdiction to-- 7i7 enjoin any practice that violates section #ajc1 #ajd1 or #aje2 7ii7 enforce compliance with section #ajc1 #ajd1 or #aje2 7iii7 on behalf of residents of the ,state1 obtain damages1 restitution1 or other compensation1 each of which shall be distributed in accordance with ,state law2 or 7iv7 obtain such other relief as the court may consider to be appropriate4 7,b7 ,notice 7i7 ,in general ,before filing an action under subparagraph 7,a71 the attorney general of the ,state involved shall provide to the ,commission-- 7,i7 written notice of that action2 and 7,,ii7 a copy of the complaint for that action4 7ii7 ,exemption 7,i7 ,in general ,clause 7i7 shall not apply with respect to the filing of an action by an attorney general of a ,state under this paragraph if the attorney general of the ,state determines that it is not feasible to provide the notice described in that clause before the filing of the action4 7,,ii7 ,notification ,in an action described in subclause 7,i71 the attorney general of a ,state shall provide notice and a copy of the complaint to the ,commission at the same time as the attorney general files the action4 7#b7 ,intervention 7,a7 ,in general ,on receiving notice under paragraph 7#a77;,b71 the ,commission shall have the right to intervene in the action that is the subject of the notice4 7,b7 ,effect of intervention ,if the ,commission intervenes in an action under paragraph 7#a71 it shall have the right-- 7i7 to remove the action to the appropriate ,united ,states district court2 7ii7 to be heard with respect to any matter that arises in that action2 and 7iii7 to file a petition for appeal4 7#c7 ,construction ,for purposes of bringing any civil action under paragraph 7#a71 nothing in this title shall be construed to prevent an attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of that ,state to-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary and other evidence4 7#d7 ,actions by the commission ,in any case in which an action is instituted by or on behalf of the ,commission for violation of this title1 no ,state may1 during the pendency of that action1 institute a separate action under paragraph 7#a7 against any defendant named in the complaint in the action instituted by or on behalf of the ,commission for that violation4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 a ,state court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a7 in a district court of the ,united ,states1 process may be served wherever defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7#f7 ,limitation ,a violation of section #ajb shall not form the basis of liability in any action brought by the attorney general of a ,state under a ,state law4 #aaj4 ,kids online safety council 7a7 ,establishment ,there is established a ,kids ,online ,safety ,council 7in this section referred to as the ,council74 7b7 ,duties ,the duties of the ,council shall be to provide reports to ,congress with recommendations and advice on matters related to the safety of minors online4 ,the matters to be addressed by the ,council shall include-- 7#a7 identifying emerging or current risks of harms to minors associated with online platforms2 7#b7 recommending measures and methods for assessing1 preventing1 and mitigating harms to minors online2 7#c7 recommending methods and themes for conducting research regarding online harms to minors1 including in ,english and non-,english languages2 and 7#d7 recommending best practices and clear1 consensus-based technical standards for transparency reports and audits1 as required under this title1 including methods1 criteria1 and scope to promote overall accountability4 7c7 ,number and appointment of members ,the ,council shall be comprised of #aa members1 of whom-- 7#a7 #c members shall be appointed by the ,president1 including-- 7,a7 the ,secretary of ,commerce or a designee of the ,secretary2 and 7,b7 the ,secretary of ,health and ,human ,services or a designee of the ,secretary2 7#b7 #b members shall be appointed by the ,speaker of the ,house of ,representatives2 7#c7 #b members shall be appointed by the ,minority ,leader of the ,house of ,representatives2 7#d7 #b members shall be appointed by the ,majority ,leader of the ,senate2 and 7#e7 #b members shall be appointed by the ,minority ,leader of the ,senate4 7d7 ,timing of appointments ,each of the appointments under subsection 7c7 shall be made not later than #ahj days after the date of the enactment of this ,act4 7e7 ,terms2 vacancies ,each member of the ,council shall be appointed for the life of the ,council1 and a vacancy in the ,council shall be filled in the manner in which the original appointment was made4 7f7 ,chairperson2 vice chairperson ,the ,council1 once it has been fully appointed1 shall select its own ,chair and ,vice ,chair4 7g7 ,participation ,the ,council shall consist of #a member from each of the following3 7#a7 academic experts with specific expertise in the prevention of online harms to minors2 7#b7 researchers with specific expertise in social media studies2 7#c7 parents with demonstrated experience in child online safety2 7#d7 youth representatives with demonstrated experience in child online safety2 7#e7 educators with demonstrated experience in child online safety2 7#f7 representatives of online platforms2 7#g7 representatives of online video games2 7#h7 ,state attorneys general or their designees acting in ,state or local government2 and 7#i7 representatives of communities of socially disadvantaged individuals 7as defined in section #h of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg774 7h7 ,reports 7#a7 ,interim report ,not later than #a year after the date of the initial meeting of the ,council1 the ,council shall submit to ,congress an interim report that includes a detailed summary of the work of the ,council and any preliminary findings of the ,council4 7#b7 ,final report ,not later than #c years after the date of the initial meeting of the ,council1 the ,council shall submit to ,congress a final report that includes-- 7,a7 a detailed statement of the findings and conclusions of the ,council2 7,b7 dissenting opinions of any member of the ,council who does not support the findings and conclusions referred to in subparagraph 7,a72 and 7,c7 any recommendations for legislative and administrative actions to address online safety for children and prevent harms to minors4 7i7 ,termination ,the ,council shall terminate not later than #cj days after the submission of the final report required under subsection 7h77#b74 7j7 ,non-,applicability of ,,faca ,the ,kids ,online ,safety ,council shall not be subject to chapter #aj of title #e1 ,united ,states ,code 7commonly referred to as the ,federal ,advisory ,committee ,act74 #aaa4 ,effective date ,except as otherwise provided in this title1 this title shall take effect on the date that is #ah months after the date of enactment of this ,act4 #aab4 ,rules of construction and other matters 7a7 ,relationship to other laws ,nothing in this title shall be construed to-- 7#a7 preempt section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 or other ,federal or ,state laws governing student privacy2 7#b7 preempt the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja et seq47 or any rule or regulation promulgated under such ,act2 7#c7 authorize any action that would conflict with section #ah7;h7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7h772 or 7#d7 expand1 limit the scope1 or alter the meaning of section #bcj of the ,communications ,act of #aicd 7commonly known as section #bcj of the ,communications ,decency ,act of #aiif7 7#dg ,u4,s4,c4 #bcj74 7b7 ,determination of fairly implied on the basis of objective circumstances ,for purposes of enforcing this title1 in making a determination as to whether covered platform has knowledge fairly implied on the basis of objective circumstances that a specific user is a minor1 the ,federal ,trade ,commission or a ,state attorney general shall rely on competent and reliable evidence1 taking into account the totality of the circumstances1 including whether a reasonable and prudent person under the circumstances would have known that the user is a minor4 7c7 ,protections for privacy ,nothing in this title1 including a determination described in subsection 7b71 shall be construed to require-- 7#a7 the affirmative collection of any personal data with respect to the age of users that a covered platform is not already collecting in the normal course of business2 or 7#b7 a covered platform to implement an age gating or age verification functionality4 7d7 ,compliance ,nothing in this title shall be construed to restrict a covered platform's ability to-- 7#a7 cooperate with law enforcement agencies regarding activity that the covered platform reasonably and in good faith believes may violate ,federal1 ,state1 or local laws1 rules1 or regulations2 7#b7 comply with a lawful civil1 criminal1 or regulatory inquiry1 subpoena1 or summons by ,federal1 ,state1 local1 or other government authorities2 7#c7 investigate1 establish1 exercise1 respond to1 or defend against legal claims2 7#d7 prevent1 detect1 protect against1 or respond to any security incident1 identity theft1 fraud1 harassment1 malicious or deceptive activity1 or any illegal activities2 or 7#e7 investigate or report those responsible for any action described in paragraph 7#d74 7e7 ,application to video streaming services ,a video streaming service shall be deemed to be in compliance with this title if it predominantly consists of news1 sports1 entertainment1 or other video programming content that is preselected by the provider and not user-generated1 and-- 7#a7 any chat1 comment1 or interactive functionality is provided incidental to1 directly related to1 or dependent on provision of such content2 and 7#b7 if such video streaming service requires account owner registration and is not predominantly news or sports1 the service includes the capability-- 7,a7 to limit a minor's access to the service1 which may utilize a system of age-rating2 7,b7 to limit the automatic playing of on-demand content selected by a personalized recommendation system for an individual that the service knows is a minor2 7,c7 for a parent to manage a minor's privacy and account settings1 and restrict purchases and financial transactions by a minor1 where applicable2 7,d7 to provide an electronic point of contact specific to matters described in this paragraph2 7,e7 to offer a clear1 conspicuous1 and easy-to-understand notice of its policies and practices with respect to the capabilities described in this paragraph2 and 7,f7 when providing on-demand content1 to employ measures that safeguard against serving advertising for narcotic drugs1 cannabis products1 tobacco products1 gambling1 or alcohol directly to the account or profile of an individual that the service knows is a minor4 ,,ii ,filter ,bubble ,transparency #bja4 ,definitions ,in this title3 7#a7 ,algorithmic ranking system ,the term algorithmic ranking system means a computational process1 including one derived from algorithmic decision-making1 machine learning1 statistical analysis1 or other data processing or artificial intelligence techniques1 used to determine the selection1 order1 relative prioritization1 or relative prominence of content from a set of information that is provided to a user on an online platform1 including the ranking of search results1 the provision of content recommendations1 the display of social media posts1 or any other method of automated content selection4 7#b7 ,approximate geolocation information ,the term approximate geolocation information means information that identifies the location of an individual1 but with a precision of less than #e miles4 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,connected device ,the term connected device means an electronic device that-- 7,a7 is capable of connecting to the internet1 either directly or indirectly through a network1 to communicate information at the direction of an individual2 7,b7 has computer processing capabilities for collecting1 sending1 receiving1 or analyzing data2 and 7,c7 is primarily designed for or marketed to consumers4 7#e7 ,input-transparent algorithm 7,a7 ,in general ,the term input-transparent algorithm means an algorithmic ranking system that does not use the user-specific data of a user to determine the selection1 order1 relative prioritization1 or relative prominence of information that is furnished to such user on an online platform1 unless the user-specific data is expressly provided to the platform by the user for such purpose4 7,b7 ,data expressly provided to the platform ,for purposes of subparagraph 7,a71 user-specific data that is provided by a user for the express purpose of determining the selection1 order1 relative prioritization1 or relative prominence of information that is furnished to such user on an online platform-- 7i7 includes user-supplied search terms1 filters1 speech patterns 7if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the user interacts with the platform71 saved preferences1 the resumption of a previous search1 and the current precise geolocation information that is supplied by the user2 7ii7 includes the user's current approximate geolocation information2 7iii7 includes data submitted to the platform by the user that expresses the user's desire to receive particular information1 such as the social media profiles the user follows1 the video channels the user subscribes to1 or other content or sources of content on the platform the user has selected2 7iv7 does not include the history of the connected device of the user1 including the history of web searches and browsing1 previous geographical locations1 physical activity1 device interaction1 and financial transactions of the user2 and 7v7 does not include inferences about the user or the connected device of the user1 without regard to whether such inferences are based on data described in clause 7i7 or 7iii74 7#f7 ,online platform 7,a7 ,in general ,subject to subparagraph 7,b71 the term online platform means any public-facing website1 online service1 online application1 or mobile application that predominantly provides a community forum for user-generated content1 such as sharing videos1 images1 games1 audio files1 or other content1 including a social media service1 social network1 or virtual reality environment4 7,b7 ,scope 7i7 ,incidental chat functions ,a website1 online service1 online application1 or mobile application is not an online platform solely on the basis that it includes a chat1 comment1 or other interactive function that is incidental to its predominant purpose4 7ii7 ,review sites ,a website1 online service1 online application1 or mobile application that has the predominant purpose of providing travel reviews is not an online platform4 7#g7 ,opaque algorithm ,the term opaque algorithm-- 7,a7 means an algorithmic ranking system that determines the selection1 order1 relative prioritization1 or relative prominence of information that is furnished to such user on an online platform based1 in whole or part1 on user-specific data that was not expressly provided by the user to the platform for such purpose2 and 7,b7 does not include an algorithmic ranking system used by an online platform if-- 7i7 the only user-specific data 7including inferences about the user7 that the system uses is information relating to the age of the user2 and 7ii7 such information is only used to restrict the access of a user to content on the basis that the individual is not old enough to access such content4 7#h7 ,precise geolocation information ,the term precise geolocation information means geolocation information that identifies the location of an individual to within a range of #e miles or less4 7#i7 ,user-specific data ,the term user-specific data means information relating to an individual or a specific connected device that would not necessarily be true of every individual or device4 #bjb4 ,requirement to allow users to see unmanipulated content on internet platforms 7a7 ,in general ,beginning on the date that is #a year after the date of enactment of this ,act1 it shall be unlawful for any person to operate an online platform that uses an opaque algorithm unless the person complies with the requirements of subsection 7b74 7b7 ,opaque algorithm requirements 7#a7 ,in general ,the requirements of this subsection with respect to a person that operates an online platform that uses an opaque algorithm are the following3 7,a7 ,the person provides users of the platform with the following notices3 7i7 ,notice that the platform uses an opaque algorithm that uses user-specific data to select the content the user sees4 ,such notice shall be presented in a clear and conspicuous manner on the platform whenever the user interacts with an opaque algorithm for the first time1 and may be a one-time notice that can be dismissed by the user4 7ii7 ,notice1 to be included in the terms and conditions of the online platform1 in a clear1 accessible1 and easily comprehensible manner that is to be updated whenever the online platform makes a material change1 of-- 7,i7 the most salient features1 inputs1 and parameters used by the algorithm2 7,,ii7 how any user-specific data used by the algorithm is collected or inferred about a user of the platform1 and the categories of such data2 7,,iii7 any options that the online platform makes available for a user of the platform to opt out or exercise options under subparagraph 7,b71 modify the profile of the user or to influence the features1 inputs1 or parameters used by the algorithm2 and 7,,iv7 any quantities1 such as time spent using a product or specific measures of engagement or social interaction1 that the algorithm is designed to optimize1 as well as a general description of the relative importance of each quantity for such ranking4 7,b7 ,the online platform enables users to easily switch between the opaque algorithm and an input-transparent algorithm in their use of the platform4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to require an online platform to disclose any information1 including data or algorithms-- 7,a7 relating to a trade secret or other protected intellectual property2 7,b7 that is confidential business information2 or 7,c7 that is privileged4 7#c7 ,prohibition on differential pricing ,an online platform shall not deny1 charge different prices or rates for1 or condition the provision of a service or product to a user based on the user's election to use an input-transparent algorithm in their use of the platform1 as provided under paragraph 7#a77;,b74 7#d7 ,special rule ,notwithstanding paragraphs 7#a7 and 7#b71 an online platform shall provide the notice and opt-out described in paragraphs 7#a7 and 7#b7 to the educational agency or institution 7as defined in section #ddd7;a77#c7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7a77#c771 rather than to the user1 when the online platform is acting on behalf of an educational agency or institution 7as so defined71 subject to a written contract that complies with the requirements of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #abcb;g7a77#c77 and section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd74 7c7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of this section by an operator of an online platform shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of commission 7,a7 ,in general ,the ,federal ,trade ,commission shall enforce this section 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 section4 7,b7 ,privileges and immunities ,any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7d7 ,rule of construction ,to preserve personalized blocks ,nothing in this section shall be construed to limit or prohibit an online platform's ability to1 at the direction of an individual user or group of users1 restrict another user from searching for1 finding1 accessing1 or interacting with such user's or group's account1 content1 data1 or online community4 ,,iii ,relationship to ,state laws2 severability #cja4 ,relationship to ,state laws ,the provisions of this ,act shall preempt any ,state law1 rule1 or regulation only to the extent that such ,state law1 rule1 or regulation conflicts with a provision of this ,act4 ,nothing in this ,act shall be construed to prohibit a ,state from enacting a law1 rule1 or regulation that provides greater protection to minors than the protection provided by the provisions of this ,act4 #cjb4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 is determined to be unenforceable or invalid1 the remaining provisions of this ,act and the amendments made by this ,act shall not be affected4