,,ii #aaith ,,congress #b;d ,session ,s4 #dgda ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aj1 #bjbf,mr4 ,banks 7for himself and ,mr4 ,moreno7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require certain commercial entities to implement age verification methods4 #a4 ,short title ,this ,act may be cited as the ,safety and ,age ,filtering ,enforcement for ,kids ,act of #bjbf or the ,,safe for ,kids ,act of #bjbf4 #b4 ,definitions ,in this ,act3 7#a7 ,commercial age verification system ,the term commercial age verification system means a system that-- 7,a7 verifies the age of an individual by using-- 7i7 government-issued identification2 7ii7 a reasonable method that relies on public or private transactional data2 or 7iii7 any other method or document that reliably and accurately indicates if a user of a covered commercial entity is a minor2 and 7,b7 can be used to prevent a minor from accessing the sexual material harmful to minors of a covered commercial entity4 7#b7 ,commercial entity ,the term commercial entity-- 7,a7 means a corporation1 limited liability company1 partnership1 limited partnership1 sole proprietorship1 or other legally recognized business entity2 7,b7 includes a social media platform2 and 7,c7 does not include a news-gathering organization that as its primary business publishes bona fide news or public interest broadcasts1 website videos1 reports1 or events4 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,covered commercial entity ,the term covered commercial entity-- 7,a7 means a commercial entity that knowingly and intentionally publishes or distributes on an internet website material1 of which greater than #a_/c of which is sexual material harmful to minors1 as determined by the ,commission2 and 7,b7 includes any officer1 director1 or employee of a commercial entity described in subparagraph 7,a7 while engaged in the performance of the duties of the individual as an officer1 director1 or employee4 7#e7 ,digital identification ,the term digital identification means information stored on a digital network that-- 7,a7 may be accessed by a covered commercial entity2 and 7,b7 serves as a reasonable indication of the age of an individual4 7#f7 ,distribute ,the term distribute means to issue1 sell1 give1 provide1 deliver1 transfer1 transmute1 circulate1 or disseminate by any means4 7#g7 ,minor ,the term minor means an individual who is under #ah years of age4 7#h7 ,publish ,the term publish means to communicate or make information available to another person on a publicly available internet website4 7#i7 ,sexual material harmful to minors ,the term sexual material harmful to minors means any material that-- 7,a7 the average individual applying contemporary community standards would find1 taking the material as a whole and with respect to minors1 is designed to appeal to or pander to the prurient interest2 7,b7 in a manner patently offensive with respect to minors1 exploits1 is devoted to1 or principally consists of descriptions of1 actual1 simulated1 or animated displays or depictions of sexual acts or sexual contact as defined in section #bbdf of title #ah1 ,united ,states ,code2 and 7,c7 taken as a whole1 lacks serious literary1 artistic1 political1 or scientific value for minors4 7#aj7 ,transactional data ,the term transactional data means a sequence of information that documents an exchange1 agreement1 or transfer between an individual1 commercial entity1 or third party4 #c4 ,age verification requirements 7a7 ,in general 7#a7 ,preventing minors from accessing sexual material harmful to minors ,using the information provided in paragraph 7#b71 a covered commercial entity shall prevent any minor from accessing sexual material harmful to minors4 7#b7 ,age verification ,in order to verify that an individual attempting to access sexual material harmful to minors published or distributed by a covered commercial entity is not a minor1 such covered commercial entity shall require such individual to-- 7,a7 provide digital identification2 or 7,b7 verify their age through a commercial age verification system4 7b7 ,use of third parties ,a covered commercial entity may contract with a third party to comply with the requirements described in subsection 7a74 7c7 ,privacy ,a covered commercial entity or third party described in subsection 7b7 may not retain or sell any information collected pursuant to subsection 7a77#b74 #d4 ,applicability ,an internet service provider1 a search engine provider1 a cloud service provider1 or an affiliate or subsidiary of such a provider may not be held to have violated this ,act solely for providing access or connection to a covered commercial entity4 #e4 ,enforcement 7a7 ,enforcement by the ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of this ,act 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 ,except as provided in subparagraph 7,c71 the ,commission shall enforce this ,act and any regulation promulgated thereunder in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7,b7 ,privileges and immunities ,except as provided in subparagraph 7,c71 any covered commercial entity that violates this ,act or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7,c7 ,common carriers ,notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b71 #df7 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act or a regulation promulgated thereunder1 in the same manner provided in subparagraphs 7,a7 and 7,b71 with respect to common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and all ,acts amendatory thereof and supplementary thereto4 7,d7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7,e7 ,rulemaking ,the ,commission shall promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this ,act4 7b7 ,enforcement by the ,department of ,justice 7#a7 ,criminal enforcement ,the ,attorney ,general may initiate a criminal investigation of a covered commercial entity that the ,attorney ,general has reason to believe1 and may initiate a prosecution of a covered commercial entity that the ,attorney ,general determines1 is knowingly violating1 or has knowingly violated1 this ,act4 7#b7 ,criminal penalties ,any covered commercial entity that knowingly violates this ,act-- 7,a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both2 or 7,b7 shall be fined not more than #gej1jjj1 if an individual1 or #a1ejj1jjj1 if an organization1 imprisoned for not more than #e years1 or both1 if-- 7i7 the violation resulted in access to sexual material harmful to minors by not less than #ajj1jjj minors2 7ii7 the covered commercial entity had profits of more than #a1jjj1jjj during any year that were attributable to the violation2 or 7iii7 the covered commercial entity engaged in efforts to deceive the ,attorney ,general or the ,commission or obstruct an investigation of an alleged violation of this ,act4 7#c7 ,coordination with the ,,ftc ,the ,attorney ,general shall consult with the ,commission to assess evidence of knowing violations of this ,act and coordinate parallel civil and criminal enforcement actions1 where appropriate4 7c7 ,private right of action 7#a7 ,in general ,any individual1 including the parent or legal guardian of a minor1 may bring a civil action against a covered commercial entity in violation of this ,act in a court of competent jurisdiction4 7#b7 ,relief ,in a civil action brought under paragraph 7#a7 in which the plaintiff prevails1 the court may award-- 7,a7 declaratory or equitable relief2 7,b7 compensatory damages2 7,c7 punitive damages2 and 7,d7 reasonable attorney's fees and litigation costs4 #f4 ,joint reporting and oversight ,not later than #a year after the date of enactment of this ,act1 and every #c years thereafter1 the ,commission1 in coordination with the ,attorney ,general1 shall submit to ,congress a report that describes-- 7#a7 the number of investigations regarding violations of this ,act that began during the reporting period2 7#b7 the number of actions brought under subsections 7a7 and 7b7 of section #e1 the amount of civil penalties and criminal fines assessed1 and the periods of imprisonment imposed in such actions2 and 7#c7 any trends or challenges regarding compliance with this ,act and the enforcement thereof4