II 

117TH CONGRESS 

1ST SESSION S. 2918 

To keep children safe and protect their interests on the internet, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30, 2021 

Mr. MARKEY (for himself and Mr. BLUMENTHAL) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To keep children safe and protect their interests on the 

internet, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Kids Internet Design 

5 and Safety Act’’ or the ‘‘KIDS Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Children increasingly consume digital enter9 tainment on the internet and are uniquely suscep10 tible to manipulation online, given their lack of imVerDate Sep 11 2014 03:24 Oct 02, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2918.IS S2918

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1 portant neurological and psychological capabilities 

2 which are developed later in adulthood. 

3 (2) Today’s digital media environment, which is 

4 constantly evolving and now includes high-tech expe5 riences, such as augmented reality and virtual re6 ality, is largely designed in non-transparent ways to 

7 ensure children interact with content that reflect the 

8 interests and goals of content producers, online plat9 forms, and marketers. 

10 (3) Artificial intelligence, machine learning, and 

11 other complex systems are used to make continuous 

12 decisions about how online content for children can 

13 be personalized to increase engagement. 

14 (4) Online companies gather, analyze, and use 

15 data for behavioral marketing directed at children. 

16 (5) Companies employ sophisticated strategies, 

17 including neuromarketing, to affect consumer behav18 ior and manipulate online users’ decision making. 

19 (6) Branded content in various forms of multi20 media, including native advertising and influencer 

21 marketing, exposes children to marketing that is in22 herently manipulative or purposely disguised as en23 tertainment or other information. 

24 SEC. 3. DEFINITIONS. 

25 (a) IN GENERAL.—In this Act: 


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1 (1) ALGORITHMIC PROCESS.—The term ‘‘algo2 rithmic process’’ means a computational process, in3 cluding one derived from machine learning or other 

4 artificial intelligence techniques, that processes per5 sonal information or other data for the purpose of 

6 determining the order or manner that a set of infor7 mation is provided to a user of an online platform, 

8 including the provision of commercial content, the 

9 display of social media posts, or any other method 

10 of automated decision making, content selection, 

11 content recommendation, or content amplification. 

12 (2) COMMISSION.—The term ‘‘Commission’’ 

13 means the Federal Trade Commission. 

14 (3) CONSTRUCTIVE KNOWLEDGE.— 

15 (A) IN GENERAL.—The term ‘‘constructive 

16 knowledge’’ means, for purposes of section 4, 

17 with respect to knowledge that a user of an on18 line platform is a covered user, knowledge that 

19 is imputed to the operator of the online plat20 form if— 

21 (i) the operator directly or indirectly 

22 collects, uses, profiles, buys, sells, classi23 fies, or analyzes (using an algorithmic 

24 process or other form of data analytics) 

25 data about the user to estimate, identify, 


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1 or classify the age, age range, or proxy 

2 thereof; 

3 (ii) the operator has or receives data 

4 or reporting related to the age of the user 

5 on the online platform under the self-regu6 latory guidelines described in section 1304 

7 of the Children’s Online Privacy Protection 

8 Act of 1998 (15 U.S.C. 6503) that docu9 ments risks and controls, including the ex10 istence of operator-controlled data ana11 lytics and content analytics capabilities and 

12 functions or outputs; 

13 (iii) the operator has or receives com14 plaints from parents or other third parties 

15 about the age of the user, whether through 

16 the operator’s complaint mechanism, by 

17 email, or other means conveniently acces18 sible by such parents or third parties; 

19 (iv) the operator has or receives data 

20 or reporting or information from the oper21 ator’s internal communications, including 

22 documentation about its advertising prac23 tices, such as an advertisement insertion 

24 order, or other promotional material to 

25 marketers, that indicates that data is being 


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1 collected from the user because the user is 

2 within a particular age range; or 

3 (v) the operator knows that— 

4 (I) a provider of content on the 

5 platform communicates to an adver6 tising network that the content is in7 tended for users of a particular age 

8 range or likely to appeal to users of a 

9 particular age range, whether directly 

10 or indirectly; and 

11 (II) the user is shown that con12 tent. 

13 (B) ADDITIONAL FACTORS.—The Commis14 sion may issue guidance or promulgate rules in 

15 accordance with section 553 of title 5, United 

16 States Code, that indicate factors, in addition 

17 to those described in subparagraph (A), that 

18 should be considered to be constructive knowl19 edge for purposes of this Act. 

20 (4) COVERED USER.—The term ‘‘covered user’’ 

21 means an individual under the age of 16. 

22 (5) DIRECTED TO CHILDREN.—The term ‘‘di23 rected to children’’ means the targeting of covered 

24 users by an online platform or portion of an online 


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1 platform, as demonstrated by, with respect to such 

2 platform or portion of a platform— 

3 (A) its subject matter; 

4 (B) its visual content; 

5 (C) the use of animated characters or 

6 child-oriented activities for children and related 

7 incentives; 

8 (D) music or other audio content; 

9 (E) the age of models used; 

10 (F) the presence of— 

11 (i) child celebrities; or 

12 (ii) celebrities who appeal to covered 

13 users; 

14 (G) the language used; 

15 (H) advertising content used on, or used to 

16 advertise, such platform; or 

17 (I) reliable empirical evidence relating to— 

18 (i) the composition of the audience of 

19 such platform; and 

20 (ii) the intended audience of such 

21 platform. 

22 (6) HOST-SELLING.—The term ‘‘host-selling’’ 

23 refers to commercial video content that features the 

24 same characters or individuals as in the adjacent 

25 noncommercial content. 


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1 (7) INFLUENCER MARKETING.—The term 

2 ‘‘influencer marketing’’ means a tactic by which a 

3 company compensates individuals who are deemed to 

4 have the potential to review, promote, or sell a prod5 uct or service online to an intended target audience. 

6 (8) ONLINE PLATFORM.—The term ‘‘online 

7 platform’’ means any public-facing website, online 

8 service, online application, or mobile application 

9 which is operated for commercial purposes. 

10 (9) OPERATOR.—The term ‘‘operator’’ means 

11 any person who, for commercial purposes, in inter12 state or foreign commerce, operates or provides an 

13 online platform. 

14 (10) PERSON.—The term ‘‘person’’ means any 

15 individual, partnership, corporation, trust, estate, co16 operative, association, or other entity. 

17 SEC. 4. REGULATION OF ACTS AND PRACTICES ON CHILD18 DIRECTED PLATFORMS. 

19 (a) PROHIBITION ON CERTAIN INTERFACE ELE20 MENTS.— 

21 (1) IN GENERAL.— 

22 (A) PROHIBITION.—It is unlawful for an 

23 operator to operate or provide— 

24 (i) an online platform or a portion of 

25 an online platform directed to children that 


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1 incorporates an interface element described 

2 in subparagraph (B); and 

3 (ii) any online platform that employs 

4 an interface element described in subpara5 graph (B) with respect to a user if the op6 erator has actual or constructive knowledge 

7 that the user is a covered user. 

8 (B) INTERFACE ELEMENTS DESCRIBED.— 

9 The interface elements described in this sub10 paragraph are the following: 

11 (i) Any auto-play setting that, without 

12 input from the covered user, commences 

13 additional video content directly following 

14 the video content initially selected by the 

15 user. 

16 (ii) Messages or alerts that encourage 

17 a covered user who is not actively using 

18 the platform to engage with the platform. 

19 (iii) Displaying the quantity of posi20 tive engagement or feedback that a covered 

21 user has received from other users. 

22 (iv) Any interface element or setting 

23 that unfairly encourages a covered user, 

24 due to their age or inexperience, to share 

25 personal information, submit content, or 


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1 spend more time engaging with the plat2 form. 

3 (v) Any interface element that pro4 vides a covered user with badges or other 

5 visual award symbols based on elevated 

6 levels of engagement with the platform. 

7 (vi) Any interface element that maxi8 mizes a covered user’s spending on the 

9 platform, unfairly encourages a covered 

10 user to spend money on the platform, fa11 cilitates a financial transaction by a cov12 ered user on the platform without notifica13 tion to the covered user’s parent, or facili14 tates a financial transaction by a covered 

15 user on the platform that is not in the in16 terest of the covered user. 

17 (2) RULEMAKING.—Not later than 1 year after 

18 the date of enactment of this Act and not less fre19 quently than every 5 years thereafter, the Commis20 sion shall promulgate regulations under section 553 

21 of title 5, United States Code, that establish any ad22 ditions or exceptions to the prohibitions under para23 graph (1). The Commission may only establish such 

24 an exception on the basis that the exception is nec25 essary to provide essential functionality for an online 


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1 platform and is consistent with the best interests of 

2 covered users. 

3 (b) PROHIBITION ON AMPLIFICATION OF CERTAIN

4 CONTENT; USER REPORTING MECHANISM.— 

5 (1) IN GENERAL.—It shall be unlawful for an 

6 operator to operate or provide— 

7 (A) an online platform or portion of an on8 line platform directed to children that employs 

9 an algorithmic process described in paragraph 

10 (2) on the platform; 

11 (B) any online platform that employs an 

12 algorithmic process described in paragraph (2) 

13 with respect to a user of the platform if the op14 erator of the platform has actual or construc15 tive knowledge that the user is a covered user; 

16 and 

17 (C) an online platform that does not in18 clude a mechanism for users or other third par19 ties to report suspected violations of any re20 quirement of this paragraph. 

21 (2) ALGORITHMIC PROCESS DESCRIBED.—An 

22 algorithmic process described in this paragraph is an 

23 algorithmic process that amplifies, promotes, or en24 courages covered users’ consumption of videos and 

25 other forms of content that— 


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1 (A) are of a non-educational nature (as de2 termined by the Commission); and 

3 (B) involve— 

4 (i) sexual material; 

5 (ii) promotion of physical or emotional 

6 violence or activities that can reasonably be 

7 assumed to result in physical or emotional 

8 harm, including self-harm, use of weapons, 

9 and bullying; 

10 (iii) activities that are unlawful for 

11 covered users to engage in or the pro12 motion of such activities; or 

13 (iv) wholly commercial content that is 

14 not reasonably recognizable as such to a 

15 covered user. 

16 (c) PROHIBITION ON CERTAIN ADVERTISING METH17 ODS.— 

18 (1) IN GENERAL.—It shall be unlawful for an 

19 online operator to operate or provide— 

20 (A) an online platform or portion of an on21 line platform directed to children that employs 

22 an algorithmic process to present any of the 

23 content described in paragraph (2) to users of 

24 the platform; and 


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1 (B) any online platform that employs an 

2 algorithmic process to present any of the con3 tent described in paragraph (2) to a covered 

4 user if the operator of the platform has actual 

5 or constructive knowledge that the user is a 

6 covered user. 

7 (2) CONTENT DESCRIBED.—The content de8 scribed in this paragraph is the following: 

9 (A) Content that includes host-selling. 

10 (B) Program-length advertisements. 

11 (C) Influencer marketing. 

12 (D) Online advertising or material with 

13 considerable commercial content involving alco14 hol, nicotine, or tobacco. 

15 (E) Online advertising or material with 

16 considerable commercial content with any 

17 imbedded interactive elements that take advan18 tage of covered users’ inexperience or credulity 

19 in noncommercial child-directed content. 

20 (F) Content that includes product place21 ment. 

22 (3) PROGRAM-LENGTH ADVERTISEMENT.—For 

23 purposes of this subsection, the term ‘‘program24 length advertisement’’ shall be defined by the Com25 mission through regulation or other public guidance. 


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1 (d) PROHIBITION ON USE OF PERSONAL INFORMA2 TION.—It shall be unlawful for an online platform to use 

3 age verification information collected from a covered user 

4 for any commercial purpose if— 

5 (1) the online platform is directed to children; 

6 or 

7 (2) the operator of the online platform has con8 structive knowledge that the user is a covered user. 

9 (e) REQUIREMENT TO DISTINGUISH COMMERCIAL

10 CONTENT FROM NONCOMMERCIAL CONTENT.—The Com11 mission shall promulgate regulations in accordance with 

12 section 553 of title 5, United States Code, to require any 

13 online platform or portion of an online platform that is 

14 directed to children, or with respect to which the operator 

15 of the platform or portion of the platform has constructive 

16 knowledge that covered users use the platform or portion 

17 of the platform, to incorporate online visual elements or 

18 other indicators that distinguish commercial content from 

19 noncommercial content. 

20 (f) RULEMAKING.—The Commission shall promul21 gate, in accordance with section 553 of title 5, United 

22 States Code, such rules as may be necessary to carry out 

23 this section. 

24 (g) EFFECTIVE DATE.—The requirements of this 

25 section shall apply to online platforms beginning on the 


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1 date that is 1 year after the date of enactment of this 

2 Act. 

3 SEC. 5. ONLINE CONTENT LABELING. 

4 (a) CONTENT LABELING SYSTEM REPORT.—Not 

5 later than the date that is 1 year after the date of enact6 ment of this Act, the Commission shall submit to Congress 

7 a report— 

8 (1) containing recommendations for a labeling 

9 system to allow covered users and parents to identify 

10 noncommercial, educational, and enriching content 

11 for covered users online; and 

12 (2) addressing considerations regarding how 

13 such labeling system should— 

14 (A) analyze content based on evidence15 based criteria; 

16 (B) employ an easy-to-understand visual 

17 cue for parents to identify content described in 

18 paragraph (1); 

19 (C) receive regular review to determine its 

20 effectiveness; and 

21 (D) include a mechanism for users to re22 port to the Commission complaints of mis23 labeled content and for the Commission to rem24 edy such instances of mislabeled content. 


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1 (b) CONSULTATION.—The report described in sub2 section (a) shall be developed by the Commission in con3 sultation with an advisory board, to be created and con4 vened by the Commission, which is comprised of experts 

5 in child development, child health, education, and media. 

6 SEC. 6. TRANSPARENCY AND AUDITING. 

7 (a) TRANSPARENCY.—The Commission shall promul8 gate regulations in accordance with section 553 of title 

9 5, United States Code, requiring an operator of an online 

10 platform which is directed to children to publish and main11 tain a publicly accessible digital record of the viewable or 

12 playable content of each such platform. Such regulations 

13 shall require the operator to ensure that such record does 

14 not include personal information (as defined in section 

15 1302 of the Children’s Online Privacy Protection Act of 

16 1998 (15 U.S.C. 6501)) or, as appropriate, user-generated 

17 content. 

18 (b) ANNUAL PLATFORM AUDITS.—The regulations 

19 promulgated pursuant to subsection (a) shall include the 

20 establishment of an annual audit process, to be conducted 

21 by the Commission during the 5-year period subsequent 

22 to the date of enactment of this Act, for each of the 25 

23 online platforms directed to children with the highest total 

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1 ance by each such platform with the requirements under 

2 this Act. 

3 (c) REPORT.—The Commission shall submit annual 

4 reports to Congress based on the audits described in sub5 section (b) that— 

6 (1) describe the level of compliance by the plat7 forms described in such subsection with the require8 ments under this Act; and 

9 (2) provide recommendations for such legisla10 tion and administrative actions as the Commission 

11 determines appropriate based on the audit findings. 

12 SEC. 7. GRANT PROGRAM. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—The Secretary of Commerce 

15 (in this section referred to as the ‘‘Secretary’’) shall 

16 make grants to eligible persons to foster the creation 

17 and promotion of advertisement-free and educational 

18 online content (such as videos and applications) for 

19 covered users. 

20 (2) ELIGIBLE PERSON.—For purposes of this 

21 section, the term ‘‘eligible person’’ means a person 

22 that has submitted an application, as approved by 

23 the Secretary pursuant to the eligibility require24 ments developed under subsection (b), for the creVerDate Sep 11 2014 03:24 Oct 02, 2021 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2918.IS S2918

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1 ation and promotion of advertisement-free and edu2 cational online content for covered users. 

3 (b) ADVISORY COUNCIL.—The Secretary shall estab4 lish and convene an Advisory Council on Children’s Online 

5 Content, which shall be— 

6 (1) comprised of experts in education, child de7 velopment, psychology, online media, and other re8 lated disciplines; and 

9 (2) tasked with developing evidence-based cri10 teria for grant eligibility and grant distribution. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) IN GENERAL.—To carry out this section, 

13 there is authorized to be appropriated— 

14 (A) for fiscal year 2022, $4,000,000; 

15 (B) for fiscal year 2023, $8,000,000; 

16 (C) for fiscal year 2024, $10,000,000; and 

17 (D) for fiscal year 2025, $12,000,000. 

18 (2) AVAILABILITY OF FUNDS.—Any amount ap19 propriated under this subsection for any fiscal year 

20 shall remain available for the purposes of carrying 

21 out any application approved during such fiscal year 

22 for an additional period of 1 year after the end of 

23 such fiscal year. 


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1 SEC. 8. FEDERAL TRADE COMMISSION STUDY. 

2 Not later than 1 year after the date of enactment 

3 of this Act, the Commission shall conduct and publish a 

4 study, using any compulsory processes available to the 

5 Commission as necessary, relying on public data and infor6 mation if available and sufficient, and incorporating public 

7 comment, on harms resulting from interface elements and 

8 advertising methods on online platforms that are directed 

9 to children (and best practices for avoiding such harms), 

10 including the following: 

11 (1) The use of algorithmic processes and any 

12 other automated systems used for non-commercial 

13 content recommendation or amplification on plat14 forms that are directed to covered users. 

15 (2) The effect of algorithmic processes and any 

16 other automated systems used for non-commercial 

17 content recommendation or amplification on plat18 forms that are directed to covered users. 

19 SEC. 9. ADMINISTRATION AND ENFORCEMENT. 

20 (a) IN GENERAL.—This Act shall be enforced by the 

21 Commission under the Federal Trade Commission Act (15 

22 U.S.C. 41 et seq.). 

23 (b) ACTIONS BY COMMISSION.— 

24 (1) IN GENERAL.—The Commission shall pre25 vent any person from violating this Act or any regu26 lation promulgated by the Commission under this 


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1 Act in the same manner, by the same means, and 

2 with the same jurisdiction, powers, and duties, as 

3 though all applicable terms and provisions of the 

4 Federal Trade Commission Act (15 U.S.C. 41 et 

5 seq.) were incorporated into and made a part of this 

6 Act. 

7 (2) PENALTIES AND PRIVILEGES.—Any person 

8 that violates this Act or any regulation promulgated 

9 under this Act shall be subject to the penalties and 

10 entitled to the privileges and immunities provided in 

11 the Federal Trade Commission Act in the same 

12 manner, by the same means, and with the same ju13 risdiction, power, and duties, as though all applica14 ble terms and provisions of the Federal Trade Com15 mission Act were incorporated into and made a part 

16 of this Act. 

17 (c) CIVIL PENALTY.—A violation of this Act, or a 

18 regulation promulgated under this Act, shall be treated 

19 as a violation of a rule defining an unfair or deceptive 

20 act or practice prescribed under section 18(a)(1)(B) of the 

21 Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

22 (d) ENFORCEMENT BY STATES.— 

23 (1) IN GENERAL.—If the attorney general of a 

24 State has reason to believe that an interest of the 

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1 ened or adversely affected by a violation of this Act 

2 or a regulation promulgated under this Act, the at3 torney general of the State may, as parens patriae, 

4 bring a civil action on behalf of the residents of the 

5 State in an appropriate district court of the United 

6 States to obtain appropriate relief. 

7 (2) RIGHTS OF COMMISSION.— 

8 (A) NOTICE TO COMMISSION.— 

9 (i) IN GENERAL.—Except as provided 

10 in clause (iii), the attorney general of a 

11 State, before initiating a civil action under 

12 paragraph (1), shall provide written notifi13 cation to the Commission that the attorney 

14 general intends to bring such civil action. 

15 (ii) CONTENTS.—The notification re16 quired under clause (i) shall include a copy 

17 of the complaint to be filed to initiate the 

18 civil action. 

19 (iii) EXCEPTION.—If it is not feasible 

20 for the attorney general of a State to pro21 vide the notification required under clause 

22 (i) before initiating a civil action under 

23 paragraph (1), the attorney general shall 

24 notify the Commission immediately upon 

25 instituting the civil action. 


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1 (B) INTERVENTION BY COMMISSION.—The 

2 Commission may— 

3 (i) intervene in any civil action 

4 brought by the attorney general of a State 

5 under paragraph (1); and 

6 (ii) upon intervening— 

7 (I) be heard on all matters aris8 ing in the civil action; and 

9 (II) file petitions for appeal of a 

10 decision in the civil action. 

11 (3) INVESTIGATORY POWERS.—Nothing in this 

12 subsection may be construed to prevent the attorney 

13 general of a State from exercising the powers con14 ferred on the attorney general by the laws of the 

15 State to conduct investigations, to administer oaths 

16 or affirmations, or to compel the attendance of wit17 nesses or the production of documentary or other 

18 evidence. 

19 (e) EFFECT ON OTHER LAWS.— 

20 (1) AUTHORITY OF THE COMMISSION.—Nothing 

21 contained in this Act shall be construed to limit the 

22 authority of the Commission under any other provi23 sions of law. 

24 (2) RELATION TO STATE LAW.—Nothing in this 

25 Act may be construed to preempt any provision of 


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1 State law that provides greater protection to con2 sumers than is provided in this Act. 

Æ 


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