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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5364 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5364

 To provide a private right of action regarding children's exposure to 
            covered content on apps, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2024

    Mr. Lee introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
 To provide a private right of action regarding children's exposure to 
            covered content on apps, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``App Store 
Accountability Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Definitions.
Sec. 4. Private right of action.
Sec. 5. Safe harbor for covered app store providers.
Sec. 6. Severability.
Sec. 7. Effective date.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) parents and legal guardians have the right to seek a 
        remedy when their child is exposed to an app that contains 
        covered content;
            (2) app stores should provide parents and legal guardians 
        with effective tools to protect children from covered content 
        on apps, including age verification technology, parental 
        oversight and consent features, and accurate app age ratings; 
        and
            (3) any tool described in paragraph (2) is not effective if 
        the tool--
                    (A) does not empower parents or legal guardians to 
                protect their child from covered content;
                    (B) is not readily accessible to parents or legal 
                guardians; or
                    (C) is grossly negligent to loopholes that 
                undermine parents' or legal guardians' ability to 
                protect their child.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Age category.--The term ``age category'' means the 
        category of an individual based on their age, including the 
        following categories:
                    (A) Adult.--An ``adult'' is such an individual who 
                has attained 18 years of age.
                    (B) Teenager.--A ``teenager'' is such an individual 
                who has attained 16 years of age but has not attained 
                18 years of age.
                    (C) Child.--A ``child'' is such an individual who 
                has attained 13 years of age but has not attained 16 
                years of age.
                    (D) Young child.--A ``young child'' is such an 
                individual who has not attained 13 years of age.
            (2) Age rating.--The term ``age rating'' means a public 
        display that indicates the appropriateness of an app for 
        different age categories.
            (3) App.--The term ``app'' means a software application or 
        electronic service that may be run or directed by a user on a 
        computer, mobile device, or any other general purpose computing 
        device.
            (4) App store.--The term ``app store'' means a publicly 
        available website, software application, or other electronic 
        service that distributes and facilitates the download of an app 
        from a third-party developer by a user of a computer, mobile 
        device, or any other general purpose computing device.
            (5) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (6) Covered app store provider.--The term ``covered app 
        store provider'' means any person that owns or controls an app 
        store available in the United States and for which users in the 
        United States exceed 5,000,000.
            (7) Covered content.--The term ``covered content'' means--
                    (A) any picture, image, graphic image file, film, 
                videotape, or other visual depiction that--
                            (i) taken as a whole and with respect to 
                        minors, appeals to a prurient interest in 
                        nudity, sex, or excretion;
                            (ii) depicts, describes, or represents an 
                        actual or simulated sexual act or sexual 
                        contact, actual or simulated normal or 
                        perverted sexual acts, or a lewd exhibition of 
                        the genitals, with the objective intent to 
                        arouse, titillate, or gratify the sexual 
                        desires of a person; and
                            (iii) taken as a whole, lacks serious 
                        literary, artistic, political, or scientific 
                        value as to minors;
                    (B) any graphic image or video of real or simulated 
                violence; or
                    (C) a social or messaging forum whereby a user may 
                interact directly or indirectly with users that are 
                minors.
            (8) Developer.--The term ``developer'' means any person 
        that owns or controls an app on the app store of a covered app 
        store provider and available in the United States.
            (9) Injury.--The term ``injury'' means a reasonable, 
        articulable harm that results from an exposure to covered 
        content.
            (10) Minor.--The term ``minor'' means an individual who has 
        not attained 18 years of age.
            (11) Mobile device.--The term ``mobile device'' means a 
        tablet or smart phone that is capable of running a mobile 
        operating system.
            (12) Mobile operating system.--The term ``mobile operating 
        system'' means a set of software that manages mobile device 
        hardware resources and provides common services for mobile 
        device programs.
            (13) Parent.--The term ``parent'', with respect to a minor, 
        means an adult with the legal right to make decisions on behalf 
        of the minor, including--
                    (A) a natural parent;
                    (B) an adoptive parent;
                    (C) a legal guardian; or
                    (D) an individual with legal custody over the 
                minor.
            (14) Signal.--The term ``signal'' means age bracketed data 
        sent by a real-time secure application programming interface or 
        operating system that is likely to be accessed by minors.
            (15) Verifiable parental consent.--The term ``verifiable 
        parental consent'' means authorization that is provided--
                    (A) by a parent who a covered app store provider 
                has verified is an adult;
                    (B) in response to a disclosure from a covered app 
                store provider that identifies what is specifically 
                being consented to, including the age rating for the 
                app or in-app purchase at issue; and
                    (C) in response to a clear choice to consent or to 
                decline to consent to the request from the covered app 
                store provider.

SEC. 4. PRIVATE RIGHT OF ACTION.

    (a) In General.--Subject to section 5, any parent of a minor 
alleging an injury to the minor as a result of exposure to covered 
content on an app of a covered app store may bring a civil action 
against the covered app store provider in an appropriate district court 
of the United States.
    (b) Relief.--In a civil action brought under subsection (a) in 
which the plaintiff prevails, the court may award--
            (1) actual damages;
            (2) punitive damages;
            (3) reasonable attorney fees and litigation costs; and
            (4) any other relief, including equitable or declaratory 
        relief, that the court determines appropriate.

SEC. 5. SAFE HARBOR FOR COVERED APP STORE PROVIDERS.

    (a) In General.--Subject to subsection (c), no cause of action 
shall lie against a covered app store provider under section 4 if the 
covered app store provider performs the following activities, as 
determined by the Commission in accordance with subsection (b):
            (1) Age verification.--Determine the age category for each 
        individual in the United States that uses the app store of such 
        provider and verify such individual's age using commercially 
        reasonable methods.
            (2) Parental oversight of app store usage.--Obtain 
        verifiable parental consent prior to allowing a minor to use 
        the app store of such provider, including by providing a 
        mechanism for a parent to block a minor from downloading any 
        app that is not suitable for the age category of the minor.
            (3) Parental oversight of app downloads.--Obtain verifiable 
        parental consent, on a download-by-download basis, prior to 
        allowing a minor to download an app from the app store of such 
        provider, including by providing an easily accessible mechanism 
        for a parent to consent to the download of an app.
            (4) Parental oversight of app purchases.--Obtain verifiable 
        parental consent, on a purchase-by-purchase basis, prior to 
        allowing a minor to purchase any app through the app store of 
        such provider, and such consent shall be valid for up to 7 
        days.
            (5) Parental oversight of in-app purchases.--Obtain 
        verifiable parental consent, on a purchase-by-purchase basis, 
        prior to allowing a minor to make an in-app purchase through 
        the app store of such provider.
            (6) Parental oversight of app usage.--With respect to any 
        covered app store provider that owns or controls a mobile 
        device's mobile operating system, to the extent practicable, 
        provide to parents a clear and easy mechanism to set--
                    (A) filters that prevent a minor from accessing any 
                adult website on the web browser of the mobile device; 
                and
                    (B) usage limits, including daily limits and 
                limitations during school and evening hours.
            (7) App age rating display.--To the extent the covered app 
        store provider displays age ratings or descriptions of content, 
        clearly and prominently display the age rating or description 
        of content for each app available in the app store of the 
        provider, including information regarding the minimum age 
        category suitable for usage of an app.
            (8) Age category signal to developers.--Provide to 
        developers the ability to determine, in real time, the age 
        category of any user and, with respect to any user that is a 
        minor, whether the covered app store provider has obtained 
        verifiable parental consent in accordance with this section.
            (9) Developer standards.--Certify that any developer of an 
        app on the covered app store performs the following activities, 
        and remove any developer or app from the covered app store that 
        fails to perform such activities or sells age category data for 
        any reason:
                    (A) App age rating.--To the extent that a developer 
                provides age ratings or descriptions of content to 
                users, the developer shall--
                            (i) clearly provide to a user the 
                        description of content and clearly identify the 
                        age category eligible for usage of an app; and
                            (ii) provide such information to each app 
                        store available in the United States.
                    (B) Parental oversight of app usage.--To the extent 
                technically feasible, the developer shall use the 
                application programming interface of a covered app 
                store provider to verify--
                            (i) the age category of its users; and
                            (ii) in the case of a minor, whether 
                        verifiable parental consent has been obtained 
                        before allowing the use of the app or in-app 
                        purchases.
                    (C) Time restrictions.--The developer shall provide 
                readily available features for a parent to implement 
                time restrictions with respect to the app of such 
                developer, including the ability to view metrics 
                reflecting the amount of time that a minor is using the 
                app and set daily time limits on a minor's use of such 
                app.
                    (D) Use of app store provider signal.--Each 
                developer shall use a covered app store provider's 
                signal to determine the age category of a user.
    (b) Determination of Eligibility.--
            (1) In general.--Upon request by a covered app store 
        provider, in such form and manner as the Commission shall 
        prescribe, the Commission shall--
                    (A) review the policies of the provider that are 
                relevant to the requirements described in subsection 
                (a) to determine whether the provider is eligible for 
                the safe harbor described in such subsection; and
                    (B) not later than 30 days after receiving such 
                request, submit to Congress and make publicly available 
                a notice confirming the safe harbor eligibility of the 
                provider if the Commission determines that the 
                provider--
                            (i) meets the requirements described in 
                        subsection (a); and
                            (ii) does not permit, or quickly remedies, 
                        any method of circumventing the protections 
                        described in such subsection.
            (2) Updates to policies.--In the event that a covered app 
        store provider updates any policy that is relevant to the 
        requirements described in subsection (a), the provider shall 
        notify the Commission of such update to ensure that such update 
        does not impact the safe harbor eligibility of the provider 
        under paragraph (1).
            (3) Complaints.--
                    (A) In general.--Not later than 30 days after the 
                date of enactment of this Act, the Commission shall 
                establish a mechanism to receive complaints regarding 
                the compliance of any covered app store provider 
                determined to be eligible for safe harbor under 
                paragraph (1) with the requirements described in 
                subsection (a).
                    (B) Review.--The Commission shall regularly review 
                any complaints received through such mechanism and, if 
                necessary, evaluate the relevant provider's continued 
                eligibility for safe harbor.
            (4) Period of eligibility.--The Commission's determination 
        of safe harbor eligibility with respect to a covered app store 
        provider shall be valid for 1 year.
            (5) Congressional review.--Each determination of 
        eligibility made by the Commission under paragraph (1) shall be 
        considered an agency rule subject to chapter 8 of title 5, 
        United States Code, for purposes of a joint resolution of 
        disapproval, except that--
                    (A) the 60-day period for filing a joint resolution 
                under section 802(a) of such title shall not apply; and
                    (B) a joint resolution of disapproval may contain 
                one or more such agency rules described in paragraph 
                (1).
    (c) Disqualifying Activity.--The safe harbor described in 
subsection (a) shall not apply if the Commission determines that the 
covered app store provider--
            (1) sells age category data for any reason; or
            (2) acts in a manner contrary to the sense of Congress 
        described in section 2.
    (d) Rules of Construction.--Nothing in this section shall be 
construed--
            (1) to prevent a covered app store provider from taking 
        reasonable measures to block, detect, or prevent the 
        distribution of unlawful, obscene, or other harmful material to 
        minors, to block or filter spam, to prevent criminal activity, 
        or to protect the security of an app store or app;
            (2) to require a covered app store provider to disclose to 
        a developer any information about a user other than such user's 
        age category and, with respect to any user that is a minor, 
        whether the covered app store provider has obtained verifiable 
        parental consent in accordance with this section;
            (3) to allow a covered app store provider to use any 
        measures required by this section in a way that is arbitrary, 
        capricious, anti-competitive, or unlawful; or
            (4) to affect or restrict the expression of political, 
        religious, or other viewpoints.

SEC. 6. SEVERABILITY.

    If any provision of this Act, or the application thereof to any 
person or circumstance, is held invalid, the remainder of this Act, and 
the application of such provision to other persons not similarly 
situated or to other circumstances, shall not be affected by the 
invalidation.

SEC. 7. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act shall take 
effect on the date that is 1 year after the date of enactment of this 
Act.
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