```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1409 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 287
118th CONGRESS
  1st Session
                                S. 1409

           To protect the safety of children on the internet.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2023

 Mr. Blumenthal (for himself, Mrs. Blackburn, Mr. Lujan, Mrs. Capito, 
  Ms. Baldwin, Mr. Cassidy, Ms. Klobuchar, Ms. Ernst, Mr. Peters, Mr. 
  Daines, Mr. Hickenlooper, Mr. Rubio, Mr. Warner, Mr. Sullivan, Mr. 
Coons, Mr. Young, Mr. Schatz, Mr. Grassley, Mr. Murphy, Mr. Graham, Mr. 
   Welch, Mr. Marshall, Ms. Hassan, Mrs. Hyde-Smith, Mr. Durbin, Mr. 
Mullin, Mr. Casey, Mr. Risch, Mr. Whitehouse, Mrs. Britt, Mr. Scott of 
Florida, Ms. Lummis, Mr. Cornyn, Ms. Murkowski, Mr. Wicker, Mr. Kelly, 
   Mr. Manchin, Mr. Lankford, Mr. Crapo, Mr. Carper, Mr. Kaine, Mr. 
  Cardin, Mrs. Shaheen, Mr. Menendez, Mr. Thune, Ms. Warren, and Mr. 
    Hawley) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                           December 13, 2023

              Reported by Ms. Cantwell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
           To protect the safety of children on the internet.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Kids 
Online Safety Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Duty of care.
<DELETED>Sec. 4. Safeguards for minors.
<DELETED>Sec. 5. Disclosure.
<DELETED>Sec. 6. Transparency.
<DELETED>Sec. 7. Independent research.
<DELETED>Sec. 8. Market research.
<DELETED>Sec. 9. Age verification study and report.
<DELETED>Sec. 10. Guidance.
<DELETED>Sec. 11. Enforcement.
<DELETED>Sec. 12. Kids online safety council.
<DELETED>Sec. 13. Effective date.
<DELETED>Sec. 14. Rules of construction and other matters.
<DELETED>Sec. 15. Severability.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Child.--The term ``child'' means an individual 
        who is under the age of 13.</DELETED>
        <DELETED>    (2) Compulsive usage.--The term ``compulsive 
        usage'' means any response stimulated by external factors that 
        causes an individual to engage in repetitive behavior 
        reasonably likely to cause psychological distress, loss of 
        control, anxiety, depression, or harmful stress 
        responses.</DELETED>
        <DELETED>    (3) Covered platform.--</DELETED>
                <DELETED>    (A) In general.--The term ``covered 
                platform'' means a social media service, social 
                network, online video game (including educational 
                games), messaging application, video streaming service, 
                or an online platform that connects to the internet and 
                that is used, or is reasonably likely to be used, by a 
                minor.</DELETED>
                <DELETED>    (B) Exceptions.--The term ``covered 
                platform'' does not include--</DELETED>
                        <DELETED>    (i) an entity acting in its 
                        capacity as a provider of--</DELETED>
                                <DELETED>    (I) a common carrier 
                                service subject to the Communications 
                                Act of 1934 (47 U.S.C. 151 et seq.) and 
                                all Acts amendatory thereof and 
                                supplementary thereto;</DELETED>
                                <DELETED>    (II) a broadband internet 
                                access service (as such term is defined 
                                for purposes of section 8.1(b) of title 
                                47, Code of Federal Regulations, or any 
                                successor regulation);</DELETED>
                                <DELETED>    (III) an email service; 
                                or</DELETED>
                                <DELETED>    (IV) a wireless messaging 
                                service provided through the short 
                                messaging service or multimedia 
                                messaging service protocols;</DELETED>
                        <DELETED>    (ii) an organization not organized 
                        to carry on business for its own profit or that 
                        of its members;</DELETED>
                        <DELETED>    (iii) any public or private 
                        preschool, elementary, or secondary school, or 
                        any institution of vocational, professional, or 
                        higher education; or</DELETED>
                        <DELETED>    (iv) a product or service that 
                        primarily functions as business-to-business 
                        software.</DELETED>
        <DELETED>    (4) Mental health disorder.--The term ``mental 
        health disorder'' has the meaning given the term ``mental 
        disorder'' in the Diagnostic and Statistical Manual of Mental 
        Health Disorders, 5th Edition (or the most current successor 
        edition).</DELETED>
        <DELETED>    (5) Minor.--The term ``minor'' means an individual 
        who is under the age of 17.</DELETED>
        <DELETED>    (6) Online platform.--The term ``online platform'' 
        means any public-facing website, online service, online 
        application, or mobile application that predominantly provides 
        a community forum for user generated content, including sharing 
        videos, images, games, audio files, or other content.</DELETED>
        <DELETED>    (7) Parent.--The term ``parent'' includes a legal 
        guardian or an individual with legal custody over a 
        minor.</DELETED>
        <DELETED>    (8) Personal data.--The term ``personal data'' 
        means information that identifies or is linked or reasonably 
        linkable to a particular minor, including a consumer device 
        identifier associated with a minor.</DELETED>
        <DELETED>    (9) Personalized recommendation system.--The term 
        ``personalized recommendation system'' means a fully or 
        partially automated system used to suggest, promote, or rank 
        information based on the personal data of users.</DELETED>
        <DELETED>    (10) Sexual exploitation and abuse.--The term 
        ``sexual exploitation and abuse'' means any of the 
        following:</DELETED>
                <DELETED>    (A) Coercion and enticement, as described 
                in section 2422 of title 18, United States 
                Code.</DELETED>
                <DELETED>    (B) Child sexual abuse material, as 
                described in sections 2251, 2252, 2252A, and 2260 of 
                title 18, United States Code.</DELETED>
                <DELETED>    (C) Trafficking for the production of 
                images, as described in section 2251A of title 18, 
                United States Code.</DELETED>
                <DELETED>    (D) Sex trafficking of children, as 
                described in section 1591 of title 18, United States 
                Code.</DELETED>
        <DELETED>    (11) Targeted advertising.--</DELETED>
                <DELETED>    (A) In general.--The term ``targeted 
                advertising'' means displaying an advertisement to an 
                individual where the advertisement is selected based on 
                personal data about the individual to predict the 
                individual's preferences and interests.</DELETED>
                <DELETED>    (B) Exclusions.--Such term does not 
                include--</DELETED>
                        <DELETED>    (i) advertising or marketing 
                        directed to an individual in response to the 
                        individual's request for information or express 
                        selection of a product or service;</DELETED>
                        <DELETED>    (ii) contextual advertising where 
                        an advertisement is displayed to an individual 
                        based on the content in which the advertisement 
                        appears and does not vary based on who the 
                        individual is; or</DELETED>
                        <DELETED>    (iii) processing personal data 
                        solely to measure or report advertising 
                        performance, reach, or frequency.</DELETED>

<DELETED>SEC. 3. DUTY OF CARE.</DELETED>

<DELETED>    (a) Prevention of Harm to Minors.--A covered platform 
shall act in the best interests of a user that the platform knows or 
reasonably should know is a minor by taking reasonable measures in its 
design and operation of products and services to prevent and mitigate 
the following:</DELETED>
        <DELETED>    (1) Consistent with evidence-informed medical 
        information, the following mental health disorders: anxiety, 
        depression, eating disorders, substance use disorders, and 
        suicidal behaviors.</DELETED>
        <DELETED>    (2) Patterns of use that indicate or encourage 
        addiction-like behaviors.</DELETED>
        <DELETED>    (3) Physical violence, online bullying, and 
        harassment of the minor.</DELETED>
        <DELETED>    (4) Sexual exploitation and abuse.</DELETED>
        <DELETED>    (5) Promotion and marketing of narcotic drugs (as 
        defined in section 102 of the Controlled Substances Act (21 
        U.S.C. 802)), tobacco products, gambling, or alcohol.</DELETED>
        <DELETED>    (6) Predatory, unfair, or deceptive marketing 
        practices, or other financial harms.</DELETED>
<DELETED>    (b) Limitation.--Nothing in subsection (a) shall be 
construed to require a covered platform to prevent or preclude--
</DELETED>
        <DELETED>    (1) any minor from deliberately and independently 
        searching for, or specifically requesting, content; 
        or</DELETED>
        <DELETED>    (2) the covered platform or individuals on the 
        platform from providing resources for the prevention or 
        mitigation of suicidal behaviors, substance use, and other 
        harms, including evidence-informed information and clinical 
        resources.</DELETED>

<DELETED>SEC. 4. SAFEGUARDS FOR MINORS.</DELETED>

<DELETED>    (a) Safeguards for Minors.--</DELETED>
        <DELETED>    (1) Safeguards.--A covered platform shall provide 
        an individual that the covered platform knows or reasonably 
        should know is a minor with readily accessible and easy-to-use 
        safeguards to, as applicable--</DELETED>
                <DELETED>    (A) limit the ability of other individuals 
                to communicate with the minor;</DELETED>
                <DELETED>    (B) prevent other users, whether 
                registered or not, from viewing the minor's personal 
                data collected by or shared on the covered platform, in 
                particular restricting public access to personal 
                data;</DELETED>
                <DELETED>    (C) limit features that increase, sustain, 
                or extend use of the covered platform by the minor, 
                such as automatic playing of media, rewards for time 
                spent on the platform, notifications, and other 
                features that result in compulsive usage of the covered 
                platform by the minor;</DELETED>
                <DELETED>    (D) control personalized recommendation 
                systems, including the right to--</DELETED>
                        <DELETED>    (i) opt out of such personalized 
                        recommendation systems, while still allowing 
                        the display of content based on a chronological 
                        format; or</DELETED>
                        <DELETED>    (ii) limit types or categories of 
                        recommendations from such systems; 
                        and</DELETED>
                <DELETED>    (E) restrict the sharing of the 
                geolocation of the minor and provide notice regarding 
                the tracking of the minor's geolocation.</DELETED>
        <DELETED>    (2) Options.--A covered platform shall provide an 
        individual that the covered platform knows or reasonably should 
        know is a minor with readily accessible and easy-to-use options 
        to--</DELETED>
                <DELETED>    (A) delete the minor's account and delete 
                any personal data collected from, or shared by, the 
                minor on the covered platform; or</DELETED>
                <DELETED>    (B) limit the amount of time spent by the 
                minor on the covered platform.</DELETED>
        <DELETED>    (3) Default safeguard settings for minors.--A 
        covered platform shall provide that, in the case of a user that 
        the platform knows or reasonably should know is a minor, the 
        default setting for any safeguard described under paragraph (1) 
        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.</DELETED>
<DELETED>    (b) Parental Tools.--</DELETED>
        <DELETED>    (1) Tools.--A covered platform shall provide 
        readily accessible and easy-to-use settings for parents to 
        support an individual that the platform knows or reasonably 
        should know is a minor with respect to the individual's use of 
        the platform.</DELETED>
        <DELETED>    (2) Requirements.--The parental tools provided by 
        a covered platform shall include--</DELETED>
                <DELETED>    (A) the ability to manage a minor's 
                privacy and account settings, including the safeguards 
                and options established under subsection (a), in a 
                manner that allows parents to--</DELETED>
                        <DELETED>    (i) view the privacy and account 
                        settings; and</DELETED>
                        <DELETED>    (ii) in the case of a user that 
                        the platform knows or reasonably should know is 
                        a child, change and control the privacy and 
                        account settings;</DELETED>
                <DELETED>    (B) the ability to restrict purchases and 
                financial transactions by the minor, where applicable; 
                and</DELETED>
                <DELETED>    (C) the ability to view metrics of total 
                time spent on the platform.</DELETED>
        <DELETED>    (3) Notice to minors.--A covered platform shall 
        provide clear and conspicuous notice to an individual that the 
        platform knows or reasonably should know is a minor when tools 
        described in this subsection are in effect and what settings or 
        controls have been applied.</DELETED>
        <DELETED>    (4) Default tools.--A covered platform shall 
        provide that, in the case of a user that the platform knows or 
        reasonably should know is a child, the tools described in this 
        subsection shall be enabled by default.</DELETED>
<DELETED>    (c) Reporting Mechanism.--</DELETED>
        <DELETED>    (1) Reports submitted by parents, minors, and 
        schools.--A covered platform shall provide--</DELETED>
                <DELETED>    (A) a readily accessible and easy-to-use 
                means to submit reports to the covered platform of 
                harms to minors;</DELETED>
                <DELETED>    (B) an electronic point of contact 
                specific to matters involving harms to a minor; 
                and</DELETED>
                <DELETED>    (C) confirmation of the receipt of such a 
                report and a means to track a submitted 
                report.</DELETED>
        <DELETED>    (2) Timing.--A covered platform shall establish an 
        internal process to receive and substantively respond to 
        reports in a reasonable and timely manner, but in no case later 
        than--</DELETED>
                <DELETED>    (A) 7 days after the receipt of a report, 
                if, for the most recent calendar year, the platform 
                averaged more than 10,000,000 active users on a monthly 
                basis in the United States;</DELETED>
                <DELETED>    (B) 21 days after the receipt of a report, 
                if, for the most recent calendar year, the platform 
                averaged less than 10,000,000 active users on a monthly 
                basis in the United States; and</DELETED>
                <DELETED>    (C) notwithstanding subparagraphs (A) and 
                (B), if the report involves an imminent threat to the 
                safety of a minor, as promptly as needed to address the 
                reported threat to safety.</DELETED>
<DELETED>    (d) Advertising of Illegal Products.--A covered platform 
shall not facilitate the advertising of narcotic drugs (as defined in 
section 102 of the Controlled Substances Act (21 U.S.C. 802)), tobacco 
products, gambling, or alcohol to an individual that the covered 
platform knows or reasonably should know is a minor.</DELETED>
<DELETED>    (e) Application.--</DELETED>
        <DELETED>    (1) Accessibility.--With respect to safeguards and 
        parental controls described under subsections (a) and (b), a 
        covered platform shall provide--</DELETED>
                <DELETED>    (A) information and control options in a 
                clear and conspicuous manner that takes into 
                consideration the differing ages, capacities, 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 
                controls;</DELETED>
                <DELETED>    (B) readily accessible and easy-to-use 
                controls to enable or disable safeguards or parental 
                controls, as appropriate; and</DELETED>
                <DELETED>    (C) information and control options in the 
                same language, form, and manner as the covered platform 
                provides the product or service used by minors and 
                their parents.</DELETED>
        <DELETED>    (2) Dark patterns prohibition.--It shall be 
        unlawful for any covered platform to design, modify, or 
        manipulate a user interface of a covered platform with the 
        purpose or substantial effect of subverting or impairing user 
        autonomy, decision-making, or choice in order to weaken or 
        disable safeguards or parental controls required under this 
        section.</DELETED>
        <DELETED>    (3) Rules of construction.--Nothing in this 
        section shall be construed to--</DELETED>
                <DELETED>    (A) prevent a covered platform from taking 
                reasonable measures to--</DELETED>
                        <DELETED>    (i) block, detect, or prevent the 
                        distribution of unlawful, obscene, or other 
                        harmful material to minors as described in 
                        section 3(a); or</DELETED>
                        <DELETED>    (ii) block or filter spam, prevent 
                        criminal activity, or protect the security of a 
                        platform or service; or</DELETED>
                <DELETED>    (B) require the disclosure of a minor's 
                browsing behavior, search history, messages, contact 
                list, or other content or metadata of their 
                communications.</DELETED>

<DELETED>SEC. 5. DISCLOSURE.</DELETED>

<DELETED>    (a) Notice.--</DELETED>
        <DELETED>    (1) Registration.--Prior to registration or 
        purchase of a covered platform by an individual that the 
        platform knows or reasonably should know is a minor, the 
        platform shall provide clear, conspicuous, and easy-to-
        understand--</DELETED>
                <DELETED>    (A) notice of the policies and practices 
                of the covered platform with respect to personal data 
                and safeguards for minors;</DELETED>
                <DELETED>    (B) information about how to access the 
                safeguards and parental tools required under section 4; 
                and</DELETED>
                <DELETED>    (C) notice about whether the covered 
                platform, including any personalized recommendation 
                systems used by the platform, pose any heightened risks 
                of harms to minors.</DELETED>
        <DELETED>    (2) Parental notification.--</DELETED>
                <DELETED>    (A) Notice and acknowledgment.--In the 
                case of an individual that a covered platform knows or 
                reasonably should know is a child, the platform shall 
                additionally provide information about the parental 
                tools and safeguards required under section 4 to a 
                parent of the child and obtain express affirmative 
                acknowledgment from the parent prior to the initial use 
                of the covered platform by the child.</DELETED>
                <DELETED>    (B) Reasonable effort.--A covered platform 
                shall be deemed to have satisfied the requirement 
                described in subparagraph (A) if the covered platform 
                has undertaken a reasonable effort (taking into 
                consideration available technology) to ensure a parent 
                receives the information described in such subparagraph 
                and to obtain a parent's express affirmative 
                acknowledgment.</DELETED>
        <DELETED>    (3) Consolidated notices.--A covered platform may 
        consolidate the process for providing information and (if 
        applicable) obtaining parental acknowledgment as required under 
        this subsection with its obligations to obtain consent for data 
        privacy practices, provided the content of the notice meets the 
        requirements of this subsection.</DELETED>
        <DELETED>    (4) Rulemaking.--The Federal Trade Commission may 
        issue rules pursuant to section 553 of title 5, United States 
        Code, to establish templates or models of short-form notices 
        that include the minimum level of information and labels 
        necessary for the disclosures required under paragraph 
        (1).</DELETED>
<DELETED>    (b) Personalized Recommendation System.--A covered 
platform that operates personalized recommendation systems shall set 
out in its terms and conditions, in a clear, conspicuous, and easy-to-
understand manner--</DELETED>
        <DELETED>    (1) an overview of how those personalized 
        recommendation systems are used by the covered platform to 
        provide information to users of the platform who are minors, 
        including how such systems use the personal data of minors; 
        and</DELETED>
        <DELETED>    (2) information about options for minors or their 
        parents to control personalized recommendation systems 
        (including by opting out of such systems).</DELETED>
<DELETED>    (c) Advertising and Marketing Information and Labels.--
</DELETED>
        <DELETED>    (1) Information and labels.--A covered platform 
        that facilitates advertising aimed at users that the platform 
        knows or reasonably should know are minors shall provide clear, 
        conspicuous, and easy-to-understand information and labels to 
        minors on advertisements regarding--</DELETED>
                <DELETED>    (A) the name of the product, service, or 
                brand and the subject matter of an 
                advertisement;</DELETED>
                <DELETED>    (B) why the minor is being targeted for a 
                particular advertisement if the covered platform 
                engages in targeted advertising, including material 
                information about how the minor's personal data was 
                used to target the advertisement; and</DELETED>
                <DELETED>    (C) whether particular media displayed to 
                the minor is an advertisement or marketing material, 
                including disclosure of endorsements of products, 
                services, or brands made for commercial consideration 
                by other users of the platform.</DELETED>
        <DELETED>    (2) Rulemaking.--The Federal Trade Commission may 
        issue rules pursuant to section 553 of title 5, United States 
        Code, to establish templates or models of short-form notices 
        that include the minimum level of information and labels 
        necessary for the disclosures required under paragraph 
        (1).</DELETED>
<DELETED>    (d) Resources for Parents and Minors.--A covered platform 
shall provide to minors and parents clear, conspicuous, easy-to-
understand, and comprehensive information in a prominent location 
regarding--</DELETED>
        <DELETED>    (1) its policies and practices with respect to 
        personal data and safeguards for minors; and</DELETED>
        <DELETED>    (2) how to access the safeguards and tools 
        required under section 4.</DELETED>
<DELETED>    (e) Resources in Additional Languages.--A covered platform 
shall ensure, to the extent practicable, that the disclosures required 
by this section are made available in the same language, form, and 
manner as the covered platform provides any product or service used by 
minors and their parents.</DELETED>

<DELETED>SEC. 6. TRANSPARENCY.</DELETED>

<DELETED>    (a) In General.--Subject to subsection (b), not less 
frequently than once a year, a covered platform shall issue a public 
report identifying the reasonably foreseeable risk of material harms to 
minors and describing the prevention and mitigation measures taken to 
address such risk based on an independent, third-party audit conducted 
through reasonable inspection of the covered platform.</DELETED>
<DELETED>    (b) Scope of Application.--The requirements of this 
section shall apply to a covered platform if--</DELETED>
        <DELETED>    (1) for the most recent calendar year, the 
        platform averaged more than 10,000,000 active users on a 
        monthly basis in the United States; and</DELETED>
        <DELETED>    (2) the platform predominantly provides a 
        community forum for user-generated content and discussion, 
        including sharing videos, images, games, audio files, 
        discussion in a virtual setting, or other content, such as 
        acting as a social media platform, virtual reality environment, 
        or a social network service.</DELETED>
<DELETED>    (c) Content.--</DELETED>
        <DELETED>    (1) Transparency.--The public reports required of 
        a covered platform under this section shall include--</DELETED>
                <DELETED>    (A) an assessment of the extent to which 
                the platform is likely to be accessed by 
                minors;</DELETED>
                <DELETED>    (B) a description of the commercial 
                interests of the covered platform in use by 
                minors;</DELETED>
                <DELETED>    (C) an accounting, based on the data held 
                by the covered platform, of--</DELETED>
                        <DELETED>    (i) the number of individuals 
                        using the covered platform reasonably believed 
                        to be minors in the United States, 
                        disaggregated by the age ranges of 0-5, 6-9, 
                        10-12, and 13-16; and</DELETED>
                        <DELETED>    (ii) the median and mean amounts 
                        of time spent on the platform by minors in the 
                        United States who have accessed the platform 
                        during the reporting year on a daily, weekly, 
                        and monthly basis, disaggregated by the age 
                        ranges of 0-5, 6-9, 10-12, and 13-16;</DELETED>
                <DELETED>    (D) an accounting of total reports 
                received regarding, and the prevalence (which can be 
                based on scientifically valid sampling methods using 
                the content available to the covered platform in the 
                normal course of business) of content related to, the 
                harms described in section 3(a), disaggregated by 
                category of harm; and</DELETED>
                <DELETED>    (E) a description of any material breaches 
                of parental tools or assurances regarding minors, 
                representations regarding the use of the personal data 
                of minors, and other matters regarding non-
                compliance.</DELETED>
        <DELETED>    (2) Systemic risks assessment.--The public reports 
        required of a covered platform under this section shall 
        include--</DELETED>
                <DELETED>    (A) an assessment of the reasonably 
                foreseeable risk of harms to minors posed by the 
                covered platform, including identifying any other 
                physical, mental, developmental, or financial harms in 
                addition to those described in section 3(a);</DELETED>
                <DELETED>    (B) an assessment of how recommendation 
                systems and targeted advertising systems can contribute 
                to harms to minors;</DELETED>
                <DELETED>    (C) a description of whether and how the 
                covered platform uses system design features that 
                increase, sustain, or extend use of a product or 
                service by a minor, such as automatic playing of media, 
                rewards for time spent, and notifications;</DELETED>
                <DELETED>    (D) a description of whether, how, and for 
                what purpose the platform collects or processes 
                categories of personal data that may cause reasonably 
                foreseeable risk of harms to minors;</DELETED>
                <DELETED>    (E) an evaluation of the efficacy of 
                safeguards for minors under section 4, and any issues 
                in delivering such safeguards and the associated 
                parental tools; and</DELETED>
                <DELETED>    (F) an evaluation of any other relevant 
                matters of public concern over risk of harms to 
                minors.</DELETED>
        <DELETED>    (3) Mitigation.--The public reports required of a 
        covered platform under this section shall include--</DELETED>
                <DELETED>    (A) a description of the safeguards and 
                parental tools available to minors and parents on the 
                covered platform;</DELETED>
                <DELETED>    (B) a description of interventions by the 
                covered platform when it had or has reason to believe 
                that harms to minors could occur;</DELETED>
                <DELETED>    (C) a description of the prevention and 
                mitigation measures intended to be taken in response to 
                the known and emerging risks identified in its 
                assessment of system risks, including steps taken to--
                </DELETED>
                        <DELETED>    (i) prevent harms to minors, 
                        including adapting or removing system design 
                        features or addressing through parental 
                        controls;</DELETED>
                        <DELETED>    (ii) provide the most protective 
                        level of control over privacy and safety by 
                        default; and</DELETED>
                        <DELETED>    (iii) adapt recommendation systems 
                        to prioritize the best interests of users who 
                        are minors, as described in section 
                        3(a);</DELETED>
                <DELETED>    (D) a description of internal processes 
                for handling reports and automated detection mechanisms 
                for harms to minors, including the rate, timeliness, 
                and effectiveness of responses under the requirement of 
                section 4(c);</DELETED>
                <DELETED>    (E) the status of implementing prevention 
                and mitigation measures identified in prior 
                assessments; and</DELETED>
                <DELETED>    (F) a description of the additional 
                measures to be taken by the covered platform to address 
                the circumvention of safeguards for minors and parental 
                tools.</DELETED>
<DELETED>    (d) Reasonable Inspection.--In conducting an inspection of 
the systemic risks of harm to minors under this section, an 
independent, third-party auditor shall--</DELETED>
        <DELETED>    (1) take into consideration the function of 
        recommendation systems;</DELETED>
        <DELETED>    (2) consult parents and youth experts, including 
        youth and families with relevant past or current experience, 
        public health and mental health nonprofit organizations, health 
        and development organizations, and civil society with respect 
        to the prevention of harms to minors;</DELETED>
        <DELETED>    (3) conduct research based on experiences of 
        minors that use the covered platform, including reports under 
        section 4(c) and information provided by law 
        enforcement;</DELETED>
        <DELETED>    (4) take account of research, including research 
        regarding system design features, marketing, or product 
        integrity, industry best practices, or outside research; 
        and</DELETED>
        <DELETED>    (5) consider indicia or inferences of age of 
        users, in addition to any self-declared information about the 
        age of individuals.</DELETED>
<DELETED>    (e) Cooperation With Independent, Third-Party Audit.--To 
facilitate the report required by subsection (c), a covered platform 
shall--</DELETED>
        <DELETED>    (1) provide or otherwise make available to the 
        independent third-party conducting the audit all information 
        and material in its possession, custody, or control that is 
        relevant to the audit;</DELETED>
        <DELETED>    (2) provide or otherwise make available to the 
        independent third-party conducting the audit access to all 
        network, systems, and assets relevant to the audit; 
        and</DELETED>
        <DELETED>    (3) disclose all relevant facts to the independent 
        third-party conducting the audit, and not misrepresent in any 
        manner, expressly or by implication, any relevant 
        fact.</DELETED>
<DELETED>    (f) Privacy Safeguards.--</DELETED>
        <DELETED>    (1) In issuing the public reports required under 
        this section, a covered platform shall take steps to safeguard 
        the privacy of its users, including ensuring that data is 
        presented in a de-identified, aggregated format such that it is 
        reasonably impossible for the data to be linked back to any 
        individual user.</DELETED>
        <DELETED>    (2) 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 law.</DELETED>
<DELETED>    (g) 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 website.</DELETED>

<DELETED>SEC. 7. INDEPENDENT RESEARCH.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Assistant secretary.--The term ``Assistant 
        Secretary'' means the Assistant Secretary of Commerce for 
        Communications and Information.</DELETED>
        <DELETED>    (2) De-identified data.--The term ``de-identified 
        data'' means information--</DELETED>
                <DELETED>    (A) that does not identify and is not 
                linked or reasonably linkable to an individual or an 
                individual's device; and</DELETED>
                <DELETED>    (B) with respect to which a covered 
                platform or researcher takes reasonable technical and 
                contractual measures to ensure that the information is 
                not used to re-identify any individual or individual's 
                device.</DELETED>
        <DELETED>    (3) Eligible researcher.--</DELETED>
                <DELETED>    (A) In general.--The term ``eligible 
                researcher'' means an individual or group of 
                individuals affiliated with or employed by--</DELETED>
                        <DELETED>    (i) an institution of higher 
                        education (as defined in section 101 of the 
                        Higher Education Act of 1965 (20 U.S.C. 1001)); 
                        or</DELETED>
                        <DELETED>    (ii) a nonprofit organization 
                        described in section 501(c)(3) of the Internal 
                        Revenue Code of 1986.</DELETED>
                <DELETED>    (B) Limitation.--Such term shall not 
                include an individual or group of individuals that is--
                </DELETED>
                        <DELETED>    (i) not located in the United 
                        States; or</DELETED>
                        <DELETED>    (ii) affiliated with the 
                        government of a foreign adversary (as defined 
                        in section 8(c)(2) of the Secure and Trusted 
                        Communications Networks Act of 2019 (47 U.S.C. 
                        1607(c)(2))).</DELETED>
        <DELETED>    (4) Independent research.--The term ``independent 
        research'' means the scientific or historical analysis of 
        information that is performed for the primary purpose of 
        advancing understanding, knowledge, and remedies regarding the 
        harms to minors described in section 3(a).</DELETED>
        <DELETED>    (5) Noncommercial purpose.--The term 
        ``noncommercial purpose'' means a purpose that does not involve 
        any direct or indirect use of data sets for the sale, resale, 
        solicitation, rental, or lease of a service, or any use by 
        which the user expects a profit, including the sale to the 
        general public of a publication containing independent 
        research.</DELETED>
        <DELETED>    (6) Program.--The term ``Program'' means the 
        program established under subsection (b)(1).</DELETED>
        <DELETED>    (7) Qualified researcher.--The term ``qualified 
        researcher'' means an eligible researcher who is approved by 
        the Assistant Secretary to conduct independent research 
        regarding harms to minors under the Program.</DELETED>
<DELETED>    (b) Independent Research Program Relating to Identified 
Harms to Minors.--</DELETED>
        <DELETED>    (1) Establishment.--Subject to paragraph (2), the 
        Assistant Secretary shall establish a program, with public 
        notice and an opportunity to comment, under which an eligible 
        researcher may apply for, and a covered platform shall provide, 
        access to data sets from the covered platform for the sole 
        purpose of conducting independent research regarding the harms 
        described in section 3(a).</DELETED>
        <DELETED>    (2) Scope of application.--The requirements of 
        this subsection shall apply to a covered platform if--
        </DELETED>
                <DELETED>    (A) for the most recent calendar year, the 
                platform averaged more than 10,000,000 active users on 
                a monthly basis in the United States; and</DELETED>
                <DELETED>    (B) the platform predominantly provides a 
                community forum for user generated content and 
                discussion, including sharing videos, images, games, 
                audio files, discussion in a virtual setting, or other 
                content, such as acting as a social media platform, 
                virtual reality environment, or social network 
                service.</DELETED>
        <DELETED>    (3) Processes, procedures, and standards.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Assistant Secretary shall establish for the program established 
        under this subsection--</DELETED>
                <DELETED>    (A) definitions for data sets (related to 
                harms described in section 3(a)) that qualify for 
                disclosure to researchers under the program and 
                standards of access for data sets to be provided under 
                the program;</DELETED>
                <DELETED>    (B) a process by which an eligible 
                researcher may submit an application described in 
                paragraph (1);</DELETED>
                <DELETED>    (C) an appeals process for eligible 
                researchers to appeal adverse decisions on applications 
                described in paragraph (1) (including a decision to 
                grant an appeal under paragraph (4)(C));</DELETED>
                <DELETED>    (D) procedures for implementation of the 
                program, including methods for--</DELETED>
                        <DELETED>    (i) participation by covered 
                        platforms;</DELETED>
                        <DELETED>    (ii) evaluation of researcher 
                        proposals for alignment with program objectives 
                        and scoping; and</DELETED>
                        <DELETED>    (iii) verification by the 
                        Assistant Secretary of the credentials of 
                        eligible researchers and processes for the 
                        application or disqualification to participate 
                        in the program;</DELETED>
                <DELETED>    (E) standards for privacy, security, and 
                confidentiality required to participate in the program, 
                including rules to ensure that the privacy and safety 
                of users is not infringed by the program;</DELETED>
                <DELETED>    (F) a mechanism to allow individuals to 
                control the use of their personal data under the 
                program, including the ability to opt out of the 
                program;</DELETED>
                <DELETED>    (G) standards for transparency regarding 
                the operation and administration of the program; 
                and</DELETED>
                <DELETED>    (H) rules to prevent requests for data 
                sets that present financial conflicts of interest, 
                including efforts by covered platforms to gain a 
                competitive advantage by directly funding data access 
                requests, the use of qualified researcher status for 
                commercial gain, or efforts by covered platforms to 
                obtain access to intellectual property that is 
                otherwise protected by law.</DELETED>
        <DELETED>    (4) Duties and rights of covered platforms.--
        </DELETED>
                <DELETED>    (A) Access to data sets.--</DELETED>
                        <DELETED>    (i) In general.--If the Assistant 
                        Secretary approves an application under 
                        paragraph (1) with respect to a covered 
                        platform, the covered platform shall, in a 
                        timely manner, provide the qualified researcher 
                        with access to data sets necessary to conduct 
                        independent research described in that 
                        paragraph.</DELETED>
                        <DELETED>    (ii) Limitations.--Nothing in this 
                        section shall be construed to require a covered 
                        platform to provide access to data sets that 
                        are intellectual property protected by Federal 
                        law, trade secrets, or commercial or financial 
                        information.</DELETED>
                        <DELETED>    (iii) Form of access.--A covered 
                        platform shall provide to a qualified 
                        researcher access to data sets under clause (i) 
                        through online databases, application 
                        programming interfaces, and data files as 
                        appropriate.</DELETED>
                <DELETED>    (B) Nondisclosure agreement.--A covered 
                platform may require, as a condition of access to the 
                data sets of the covered platform, that a qualified 
                researcher enter into a nondisclosure agreement 
                restricting the release of data sets, provided that--
                </DELETED>
                        <DELETED>    (i) the agreement does not 
                        restrict the publication or discussion 
                        regarding the qualified researcher's findings; 
                        and</DELETED>
                        <DELETED>    (ii) the terms of the agreement 
                        allow the qualified researcher to provide the 
                        original agreement or a copy of the agreement 
                        to the Assistant Secretary.</DELETED>
                <DELETED>    (C) Appeal.--</DELETED>
                        <DELETED>    (i) Agency appeal.--A covered 
                        platform may appeal the granting of an 
                        application under paragraph (1) on the grounds 
                        that, and the Assistant Secretary shall grant 
                        such appeal if--</DELETED>
                                <DELETED>    (I) the covered platform 
                                does not have access to the requested 
                                data sets or the requested data sets 
                                are not reasonably tailored to 
                                application; or</DELETED>
                                <DELETED>    (II) providing access to 
                                the data sets will lead to material 
                                vulnerabilities for the privacy of 
                                users or the security of the covered 
                                platform's service or create a 
                                significant risk of the violation of 
                                Federal or state law.</DELETED>
                        <DELETED>    (ii) Judicial review.--A decision 
                        of the Assistant Secretary with respect to an 
                        appeal under clause (i) shall be considered to 
                        be a final agency action for purposes of 
                        judicial review under chapter 7 of title 5, 
                        United States Code.</DELETED>
                        <DELETED>    (iii) Alternative means of 
                        fulfillment.--As part of an appeal under clause 
                        (i) that is made on the basis of subclause (II) 
                        of such clause, a covered platform shall 
                        propose one or more alternative data sets or 
                        means of accessing the requested data sets that 
                        are appropriate and sufficient to fulfill the 
                        purpose of the application, or shall explain 
                        why there are no alternative data sets or means 
                        of access which acceptably mitigate the 
                        applicable privacy, security, or legal 
                        concerns.</DELETED>
                <DELETED>    (D) Timing.--A covered platform for which 
                this provision applies shall participate in the program 
                established under this subsection no later than two 
                years after enactment of this Act.</DELETED>
        <DELETED>    (5) Application requirements.--In order to be 
        approved to access data sets from a covered platform, an 
        eligible researcher shall, in the application submitted under 
        paragraph (1)--</DELETED>
                <DELETED>    (A) explain the purpose for which the 
                independent research is undertaken;</DELETED>
                <DELETED>    (B) commit to conduct the research for 
                noncommercial purposes;</DELETED>
                <DELETED>    (C) demonstrate a proven record of 
                expertise on the proposed research topic and related 
                research methodologies;</DELETED>
                <DELETED>    (D) if the eligible researcher is seeking 
                access to data sets that include personal data, explain 
                why the data sets are requested, and the means through 
                which such data sets shall be accessed are the least 
                sensitive and the most privacy-protective means that 
                will permit completion of the research and not 
                compromise the privacy or safety of users; 
                and</DELETED>
                <DELETED>    (E) commit to fulfill, and demonstrate a 
                capacity to fulfill, the specific data security and 
                confidentiality requirements corresponding to the 
                application.</DELETED>
        <DELETED>    (6) Privacy and duty of confidentiality.--
        </DELETED>
                <DELETED>    (A) Researcher confidentiality.--To 
                protect user privacy, a qualified researcher shall keep 
                data sets provided by a covered platform under the 
                program confidential and secure to the specifications 
                set forth under the program rules and the approved 
                application.</DELETED>
                <DELETED>    (B) Platform confidentiality.--A covered 
                platform shall use reasonable measures to enable 
                researcher access to data sets under the program in a 
                secure and privacy-protective manner, including through 
                the de-identification of personal data or use of other 
                privacy-enhancing technologies.</DELETED>
                <DELETED>    (C) Federal agencies.--Nothing in this 
                subsection shall be construed to authorize--</DELETED>
                        <DELETED>    (i) a Federal agency to seek 
                        access to the data of a covered platform 
                        through the program; or</DELETED>
                        <DELETED>    (ii) a qualified researcher to 
                        transfer or share any data sets provided by a 
                        covered platform under the program with a 
                        Federal agency.</DELETED>
                <DELETED>    (D) Security.--Nothing in this subsection 
                shall be construed in a manner that would result in 
                data sets from a covered platform being transferred to 
                the Government of the People's Republic of China or the 
                government of another foreign adversary (as defined in 
                section 8(c)(2) of the Secure and Trusted 
                Communications Networks Act of 2019 (47 U.S.C. 
                1607(c)(2))).</DELETED>
<DELETED>    (c) Safe Harbor for Collection of Data for Independent 
Research Regarding Identified Harms to Minors.--If, in the course of 
conducting independent research for noncommercial purposes regarding 
harms described in section 3(a) (without regard to whether such 
research is conducted under the program), an eligible researcher 
collects or uses data from a covered platform in a manner that violates 
the terms of service of the platform, no cause of action based on such 
violation shall lie or be maintained in any court against such 
researcher unless the violation relates to the failure of the 
researcher to take reasonable measures to protect user privacy and 
security.</DELETED>
<DELETED>    (d) Rulemaking.--The Assistant Secretary, in consultation 
with the Secretary of Commerce, the Director of the National Institute 
of Standards and Technology, the Director of the National Science 
Foundation, and the Director of the National Institutes of Health shall 
promulgate rules in accordance with section 553 of title 5, United 
States Code, as necessary to implement this section.</DELETED>

<DELETED>SEC. 8. MARKET RESEARCH.</DELETED>

<DELETED>    (a) Market Research by Covered Platforms.--The Federal 
Trade Commission, in consultation with the Secretary of Commerce, shall 
issue guidance for covered platforms seeking to conduct market- and 
product-focused research on minors. Such guidance shall include--
</DELETED>
        <DELETED>    (1) a standard consent form that provides minors 
        and their parents a clear, conspicuous, and easy-to-understand 
        explanation of the scope and purpose of the research to be 
        conducted, and provides an opportunity for informed consent; 
        and</DELETED>
        <DELETED>    (2) recommendations for research practices for 
        studies that may include minors, disaggregated by the age 
        ranges of 0-5, 6-9, 10-12, and 13-16.</DELETED>
<DELETED>    (b) Timing.--The Federal Trade Commission shall issue such 
guidance not later than 18 months after the date of enactment of this 
Act. In doing so, they shall seek input from members of the public and 
the representatives of the Kids Online Safety Council established under 
section 12.</DELETED>

<DELETED>SEC. 9. AGE VERIFICATION STUDY AND REPORT.</DELETED>

<DELETED>    (a) Study.--The Director of the National Institute of 
Standards and Technology, in coordination with the Federal 
Communications Commission, Federal Trade Commission, and the Secretary 
of Commerce, shall conduct a study evaluating the most technologically 
feasible methods and options for developing systems to verify age at 
the device or operating system level.</DELETED>
<DELETED>    (b) Contents.--Such study shall consider --</DELETED>
        <DELETED>    (1) the benefits of creating a device or operating 
        system level age verification system;</DELETED>
        <DELETED>    (2) what information may need to be collected to 
        create this type of age verification system;</DELETED>
        <DELETED>    (3) the accuracy of such systems and their impact 
        or steps to improve accessibility, including for individuals 
        with disabilities;</DELETED>
        <DELETED>    (4) how such a system or systems could verify age 
        while mitigating risks to user privacy and data security and 
        safeguarding minors' personal data, emphasizing minimizing the 
        amount of data collected and processed by covered platforms and 
        age verification providers for such a system; and</DELETED>
        <DELETED>    (5) the technical feasibility, including the need 
        for potential hardware and software changes, including for 
        devices currently in commerce and owned by consumers.</DELETED>
<DELETED>    (c) Report.--Not later than 1 year after the date of 
enactment of this Act, the agencies described in subsection (a) shall 
submit a report containing the results of the study conducted under 
such subsection to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and Commerce 
of the House of Representatives.</DELETED>

<DELETED>SEC. 10. GUIDANCE.</DELETED>

<DELETED>    (a) In General.--Not later than 18 months after the date 
of enactment of this Act, the Federal Trade Commission, in consultation 
with the Kids Online Safety Council established under section 12, shall 
issue guidance to--</DELETED>
        <DELETED>    (1) provide information and examples for covered 
        platforms and auditors regarding--</DELETED>
                <DELETED>    (A) identifying features that are used to 
                increase, sustain, or extend use of the covered 
                platform by a minor;</DELETED>
                <DELETED>    (B) safeguarding minors against the 
                possible misuse of parental tools;</DELETED>
                <DELETED>    (C) best practices in providing minors and 
                parents the most protective level of control over 
                privacy and safety;</DELETED>
                <DELETED>    (D) using indicia or inferences of age of 
                users for assessing use of the covered platform by 
                minors;</DELETED>
                <DELETED>    (E) methods for evaluating the efficacy of 
                safeguards; and</DELETED>
                <DELETED>    (F) providing additional control options 
                that allow parents to address the harms described in 
                section 3(a); and</DELETED>
        <DELETED>    (2) outline conduct that does not have the purpose 
        or substantial effect of subverting or impairing user autonomy, 
        decision-making, or choice, or of causing, increasing, or 
        encouraging compulsive usage for a minor, such as--</DELETED>
                <DELETED>    (A) de minimis user interface changes 
                derived from testing consumer preferences, including 
                different styles, layouts, or text, where such changes 
                are not done with the purpose of weakening or disabling 
                safeguards or parental controls;</DELETED>
                <DELETED>    (B) algorithms or data outputs outside the 
                control of a covered platform; and</DELETED>
                <DELETED>    (C) establishing default settings that 
                provide enhanced privacy protection to users or 
                otherwise enhance their autonomy and decision-making 
                ability.</DELETED>
<DELETED>    (b) Guidance to Schools.--Not later than 18 months after 
the date of enactment of this Act, the Secretary of Education, in 
consultation with the Federal Trade Commission and the Kids Online 
Safety Council established under section 12, shall issue guidance to 
assist to assist elementary and secondary schools in using the notice, 
safeguards and tools provided under this Act and providing information 
on online safety for students and teachers.</DELETED>
<DELETED>    (c) Limitation on Federal Trade Commission Guidance.--
</DELETED>
        <DELETED>    (1) Effect of guidance.--No guidance issued by the 
        Federal Trade Commission with respect to this Act shall--
        </DELETED>
                <DELETED>    (A) confer any rights on any person, 
                State, or locality; or</DELETED>
                <DELETED>    (B) operate to bind the Federal Trade 
                Commission or any person to the approach recommended in 
                such guidance.</DELETED>
        <DELETED>    (2) Use in enforcement actions.--In any 
        enforcement action brought pursuant to this Act, the Federal 
        Trade Commission--</DELETED>
                <DELETED>    (A) shall allege a violation of a 
                provision of this Act; and</DELETED>
                <DELETED>    (B) may not base such enforcement action 
                on, or execute a consent order based on, practices that 
                are alleged to be inconsistent with guidance issued by 
                the Federal Trade Commission with respect to this Act, 
                unless the practices are alleged to violate a provision 
                of this Act.</DELETED>

<DELETED>SEC. 11. ENFORCEMENT.</DELETED>

<DELETED>    (a) Enforcement by Federal Trade Commission.--</DELETED>
        <DELETED>    (1) Unfair and deceptive acts or practices.--A 
        violation of this Act or a regulation promulgated under this 
        Act shall be treated as a violation of a rule defining an 
        unfair or deceptive act or practice prescribed under section 
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
        57a(a)(1)(B)).</DELETED>
        <DELETED>    (2) Powers of the commission.--</DELETED>
                <DELETED>    (A) In general.--The Federal Trade 
                Commission (referred to in this section as the 
                ``Commission'') shall enforce this Act and any 
                regulation promulgated under this Act in the same 
                manner, by the same means, and with the same 
                jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.) were incorporated 
                into and made a part of this Act.</DELETED>
                <DELETED>    (B) Privileges and immunities.--Any person 
                that violates this Act or a regulation promulgated 
                under this Act shall be subject to the penalties, and 
                entitled to the privileges and immunities, provided in 
                the Federal Trade Commission Act (15 U.S.C. 41 et 
                seq.).</DELETED>
        <DELETED>    (3) Authority preserved.--Nothing in this Act 
        shall be construed to limit the authority of the Commission 
        under any other provision of law.</DELETED>
<DELETED>    (b) Enforcement by State Attorneys General.--</DELETED>
        <DELETED>    (1) In general.--</DELETED>
                <DELETED>    (A) Civil actions.--In any case in which 
                the attorney general of a State has reason to believe 
                that an interest of the residents of that State has 
                been or is threatened or adversely affected by the 
                engagement of any person in a practice that violates 
                this Act or a regulation promulgated under this Act, 
                the State, as parens patriae, 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--</DELETED>
                        <DELETED>    (i) enjoin that 
                        practice;</DELETED>
                        <DELETED>    (ii) enforce compliance with this 
                        Act or such regulation;</DELETED>
                        <DELETED>    (iii) on behalf of residents of 
                        the State, obtain damages, restitution, or 
                        other compensation, each of which shall be 
                        distributed in accordance with State law; 
                        or</DELETED>
                        <DELETED>    (iv) obtain such other relief as 
                        the court may consider to be 
                        appropriate.</DELETED>
                <DELETED>    (B) Notice.--</DELETED>
                        <DELETED>    (i) In general.--Before filing an 
                        action under subparagraph (A), the attorney 
                        general of the State involved shall provide to 
                        the Commission--</DELETED>
                                <DELETED>    (I) written notice of that 
                                action; and</DELETED>
                                <DELETED>    (II) a copy of the 
                                complaint for that action.</DELETED>
                        <DELETED>    (ii) Exemption.--</DELETED>
                                <DELETED>    (I) In general.--Clause 
                                (i) 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 
                                action.</DELETED>
                                <DELETED>    (II) Notification.--In an 
                                action described in subclause (I), 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 
                                action.</DELETED>
        <DELETED>    (2) Intervention.--</DELETED>
                <DELETED>    (A) In general.--On receiving notice under 
                paragraph (1)(B), the Commission shall have the right 
                to intervene in the action that is the subject of the 
                notice.</DELETED>
                <DELETED>    (B) Effect of intervention.--If the 
                Commission intervenes in an action under paragraph (1), 
                it shall have the right--</DELETED>
                        <DELETED>    (i) to be heard with respect to 
                        any matter that arises in that action; 
                        and</DELETED>
                        <DELETED>    (ii) to file a petition for 
                        appeal.</DELETED>
        <DELETED>    (3) Construction.--For purposes of bringing any 
        civil action under paragraph (1), nothing in this Act 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--</DELETED>
                <DELETED>    (A) conduct investigations;</DELETED>
                <DELETED>    (B) administer oaths or affirmations; 
                or</DELETED>
                <DELETED>    (C) compel the attendance of witnesses or 
                the production of documentary and other 
                evidence.</DELETED>
        <DELETED>    (4) Actions by the commission.--In any case in 
        which an action is instituted by or on behalf of the Commission 
        for violation of this Act or a regulation promulgated under 
        this Act, no State may, during the pendency of that action, 
        institute a separate action under paragraph (1) against any 
        defendant named in the complaint in the action instituted by or 
        on behalf of the Commission for that violation.</DELETED>
        <DELETED>    (5) Venue; service of process.--</DELETED>
                <DELETED>    (A) Venue.--Any action brought under 
                paragraph (1) may be brought in--</DELETED>
                        <DELETED>    (i) the district court of the 
                        United States that meets applicable 
                        requirements relating to venue under section 
                        1391 of title 28, United States Code; 
                        or</DELETED>
                        <DELETED>    (ii) a State court of competent 
                        jurisdiction.</DELETED>
                <DELETED>    (B) Service of process.--In an action 
                brought under paragraph (1) in a district court of the 
                United States, process may be served wherever 
                defendant--</DELETED>
                        <DELETED>    (i) is an inhabitant; or</DELETED>
                        <DELETED>    (ii) may be found.</DELETED>

<DELETED>SEC. 12. KIDS ONLINE SAFETY COUNCIL.</DELETED>

<DELETED>    (a) Establishment.--Not later than 180 days after the date 
of enactment of this Act, the Secretary of Commerce shall establish and 
convene the Kids Online Safety Council for the purpose of providing 
advice on matters related to this Act.</DELETED>
<DELETED>    (b) Participation.--The Kids Online Safety Council shall 
include diverse participation from--</DELETED>
        <DELETED>    (1) academic experts, health professionals, and 
        members of civil society with expertise in mental health, 
        substance use disorders, and the prevention of harms to 
        minors;</DELETED>
        <DELETED>    (2) representatives in academia and civil society 
        with specific expertise in privacy and civil 
        liberties;</DELETED>
        <DELETED>    (3) parents and youth representation;</DELETED>
        <DELETED>    (4) representatives of covered 
        platforms;</DELETED>
        <DELETED>    (5) representatives of the National 
        Telecommunications and Information Administration, the National 
        Institute of Standards and Technology, the Federal Trade 
        Commission, the Department of Justice, and the Department of 
        Health and Human Services;</DELETED>
        <DELETED>    (6) State attorneys general or their designees 
        acting in State or local government; and</DELETED>
        <DELETED>    (7) representatives of communities of socially 
        disadvantaged individuals (as defined in section 8 of the Small 
        Business Act (15 U.S.C. 637)).</DELETED>
<DELETED>    (c) Activities.--The matters to be addressed by the Kids 
Online Safety Council shall include--</DELETED>
        <DELETED>    (1) identifying emerging or current risks of harms 
        to minors associated with online platforms;</DELETED>
        <DELETED>    (2) recommending measures and methods for 
        assessing, preventing, and mitigating harms to minors 
        online;</DELETED>
        <DELETED>    (3) recommending methods and themes for conducting 
        research regarding online harms to minors; and</DELETED>
        <DELETED>    (4) recommending best practices and clear, 
        consensus-based technical standards for transparency reports 
        and audits, as required under this Act, including methods, 
        criteria, and scope to promote overall 
        accountability.</DELETED>

<DELETED>SEC. 13. EFFECTIVE DATE.</DELETED>

<DELETED>    Except as otherwise provided in this Act, this Act shall 
take effect on the date that is 18 months after the date of enactment 
of this Act.</DELETED>

<DELETED>SEC. 14. RULES OF CONSTRUCTION AND OTHER MATTERS.</DELETED>

<DELETED>    (a) Relationship to Other Laws.--Nothing in this Act shall 
be construed to--</DELETED>
        <DELETED>    (1) preempt section 444 of the General Education 
        Provisions Act (20 U.S.C. 1232g, commonly known as the ``Family 
        Educational Rights and Privacy Act of 1974'') or other Federal 
        or State laws governing student privacy;</DELETED>
        <DELETED>    (2) preempt the Children's Online Privacy 
        Protection Act of 1998 (15 U.S.C. 6501 et seq.) or any rule or 
        regulation promulgated under such Act; or</DELETED>
        <DELETED>    (3) authorize any action that would conflict with 
        section 18(h) of the Federal Trade Commission Act (15 U.S.C. 
        57a(h)).</DELETED>
<DELETED>    (b) Protections for Privacy.--Nothing in this Act shall be 
construed to require--</DELETED>
        <DELETED>    (1) 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 business; 
        or</DELETED>
        <DELETED>    (2) a covered platform to implement an age gating 
        or age verification functionality.</DELETED>
<DELETED>    (c) Compliance.--Nothing in this Act shall be construed to 
restrict a covered platform's ability to--</DELETED>
        <DELETED>    (1) cooperate with law enforcement agencies 
        regarding activity that the covered platform reasonably and in 
        good faith believes may violate Federal, State, or local laws, 
        rules, or regulations;</DELETED>
        <DELETED>    (2) comply with a civil, criminal, or regulatory 
        inquiry or any investigation, subpoena, or summons by Federal, 
        State, local, or other government authorities; or</DELETED>
        <DELETED>    (3) investigate, establish, exercise, respond to, 
        or defend against legal claims.</DELETED>

<DELETED>SEC. 15. SEVERABILITY.</DELETED>

<DELETED>    If any provision of this Act, or an amendment made by this 
Act, is determined to be unenforceable or invalid, the remaining 
provisions of this Act and the amendments made by this Act shall not be 
affected.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Duty of care.
Sec. 4. Safeguards for minors.
Sec. 5. Disclosure.
Sec. 6. Transparency.
Sec. 7. Independent research on social media and minors.
Sec. 8. Market research.
Sec. 9. Age verification study and report.
Sec. 10. Guidance.
Sec. 11. Enforcement.
Sec. 12. Kids online safety council.
Sec. 13. Filter bubble transparency requirements.
Sec. 14. Effective date.
Sec. 15. Rules of construction and other matters.
Sec. 16. Severability.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Child.--The term ``child'' means an individual who is 
        under the age of 13.
            (2) Compulsive usage.--The term ``compulsive usage'' means 
        any response stimulated by external factors that causes an 
        individual to engage in repetitive behavior reasonably likely 
        to cause psychological distress, loss of control, anxiety, or 
        depression.
            (3) Covered platform.--
                    (A) In general.--The term ``covered platform'' 
                means an online platform, online video game, messaging 
                application, or video streaming service that connects 
                to the internet and that is used, or is reasonably 
                likely to be used, by a minor.
                    (B) Exceptions.--The term ``covered platform'' does 
                not include--
                            (i) an entity acting in its capacity as a 
                        provider of--
                                    (I) a common carrier service 
                                subject to the Communications Act of 
                                1934 (47 U.S.C. 151 et seq.) and all 
                                Acts amendatory thereof and 
                                supplementary thereto;
                                    (II) a broadband internet access 
                                service (as such term is defined for 
                                purposes of section 8.1(b) of title 47, 
                                Code of Federal Regulations, or any 
                                successor regulation);
                                    (III) an email service;
                                    (IV) a teleconferencing or video 
                                conferencing service that allows 
                                reception and transmission of audio and 
                                video signals for real-time 
                                communication, provided that--
                                            (aa) is not an online 
                                        platform, including a social 
                                        media service or social 
                                        network; and
                                            (bb) the real-time 
                                        communication is initiated by 
                                        using a unique link or 
                                        identifier to faciliate access; 
                                        or
                                    (V) a wireless messaging service, 
                                including such a service provided 
                                through short messaging service or 
                                multimedia messaging service protocols, 
                                that is not a component of or linked to 
                                an online platform and where the 
                                predominant or exclusive function is 
                                direct messaging consisting of the 
                                transmission of text, photos or videos 
                                that are sent by electronic means, 
                                where messages are transmitted from the 
                                sender to a recipient, and are not 
                                posted within an online platform or 
                                publicly;
                            (ii) an organization not organized to carry 
                        on business for its own profit or that of its 
                        members;
                            (iii) any public or private preschool, 
                        elementary, or secondary school, or any 
                        institution of vocational, professional, or 
                        higher education;
                            (iv) a library (as defined in section 
                        213(1) of the Library Services and Technology 
                        Act (20 U.S.C. 9122(1)));
                            (v) a news website or app where--
                                    (I) the inclusion of video content 
                                on the website or app is related to the 
                                website or app's own gathering, 
                                reporting, or publishing of news 
                                content; and
                                    (II) the website or app is not 
                                otherwise an online platform;
                            (vi) a product or service that primarily 
                        functions as business-to-business software; or
                            (vii) a virtual private network or similar 
                        service that exists solely to route internet 
                        traffic between locations.
            (4) Geolocation.--The term ``geolocation'' means 
        information sufficient to identify street name and name of a 
        city or town.
            (5) Individual-specific advertising to minors.--
                    (A) In general.--The term ``individual-specific 
                advertising to minors'' means advertising or any other 
                effort to market a product or service that is directed 
                to a specific minor or a device that is linked or 
                reasonably linkable to a minor--
                            (i) based on--
                                    (I) the personal data of--
                                            (aa) the minor; or
                                            (bb) a group of minors who 
                                        are similar in sex, age, income 
                                        level, race, or ethnicity to 
                                        the specific minor to whom the 
                                        product or service is marketed;
                                    (II) psychological profiling of a 
                                minor or group of minors; or
                                    (III) a unique identifier of the 
                                device; or
                            (ii) as a result of use by the minor, 
                        access by any device of the minor, or use by a 
                        group of minors who are similar to the specific 
                        minor, of more than a single--
                                    (I) website;
                                    (II) online service;
                                    (III) online application;
                                    (IV) mobile application; or
                                    (V) connected device
                    (B) Exclusions.--The term ``individual-specific 
                advertising to minors'' shall not include--
                            (i) advertising or marketing to an 
                        individual or the device of an individual in 
                        response to the individual's specific request 
                        for information or feedback, such as a minor's 
                        current search query;
                            (ii) contextual advertising, such as when 
                        an advertisement is displayed based on the 
                        content of the covered platform on which the 
                        advertisement appears and does not vary based 
                        on personal information related to the viewer;
                            (iii) processing personal information 
                        solely for measuring or reporting advertising 
                        or content performance, reach, or frequency, 
                        including independent measurement;
                    (C) Rule of construction.--Nothing in subparagraph 
                (A) shall be construed to prohibit a covered platform 
                with actual knowledge or knowledge fairly implied on 
                the basis of objective circumstances that an individual 
                is under the age of 17 from delivering advertising or 
                marketing that is age-appropriate for the individual 
                involved and intended for a child or teen audience (as 
                applicable), so long as the covered platform does not 
                use any personal data other than whether the user is 
                under the age of 17 to deliver such advertising or 
                marketing.
            (6) Know or knows.--The term ``know'' or ``knows'' means to 
        have actual knowledge or knowledge fairly implied on the basis 
        of objective circumstances.
            (7) Mental health disorder.--The term ``mental health 
        disorder'' has the meaning given the term ``mental disorder'' 
        in the Diagnostic and Statistical Manual of Mental Health 
        Disorders, 5th Edition (or the most current successor edition).
            (8) Minor.--The term ``minor'' means an individual who is 
        under the age of 17.
            (9) Online platform.--The term ``online platform'' means 
        any public-facing website, online service, online application, 
        or mobile application that predominantly provides a community 
        forum for user generated content, such as sharing videos, 
        images, games, audio files, or other content, including a 
        social media service, social network, or virtual reality 
        environment.
            (10) Online video game.--The term ``online video game'' 
        means a video game, including an educational video game, that 
        connects to the internet and that--
                    (A) allows a user to--
                            (i) create and upload content;
                            (ii) engage in microtransactions within the 
                        game; or
                            (iii) communicate with other users; or
                    (B) incorporates minor-specific advertising.
            (11) Parent.--The term ``parent'' includes--
                    (A) a natural parent;
                    (B) a legal guardian; or
                    (C) an individual with legal custody over a minor.
            (12) Personal data.--The term ``personal data'' means 
        information that identifies or is linked or reasonably linkable 
        to a particular minor, including a consumer device identifier 
        that is linked or reasonably linkable to a minor.
            (13) Personalized recommendation system.--The term 
        ``personalized recommendation system'' means a fully or 
        partially automated system used to suggest, promote, or rank 
        content, including other users or posts, based on the personal 
        data of users.
            (14) Sexual exploitation and abuse.--The term ``sexual 
        exploitation and abuse'' means any of the following:
                    (A) Coercion and enticement, as described in 
                section 2422 of title 18, United States Code.
                    (B) Child sexual abuse material, as described in 
                sections 2251, 2252, 2252A, and 2260 of title 18, 
                United States Code.
                    (C) Trafficking for the production of images, as 
                described in section 2251A of title 18, United States 
                Code.
                    (D) Sex trafficking of children, as described in 
                section 1591 of title 18, United States Code.

SEC. 3. DUTY OF CARE.

    (a) Prevention of Harm to Minors.--A covered platform shall take 
reasonable measures in the design and operation of any product, 
service, or feature that the covered platform knows is used by minors 
to prevent and mitigate the following harms to minors:
            (1) Consistent with evidence-informed medical information, 
        the following mental health disorders: anxiety, depression, 
        eating disorders, substance use disorders, and suicidal 
        behaviors.
            (2) Patterns of use that indicate or encourage addiction-
        like behaviors.
            (3) Physical violence, online bullying, and harassment of 
        the minor.
            (4) Sexual exploitation and abuse.
            (5) Promotion and marketing of narcotic drugs (as defined 
        in section 102 of the Controlled Substances Act (21 U.S.C. 
        802)), tobacco products, gambling, or alcohol.
            (6) Predatory, unfair, or deceptive marketing practices, or 
        other financial harms.
    (b) Limitation.--Nothing in subsection (a) shall be construed to 
require a covered platform to prevent or preclude--
            (1) any minor from deliberately and independently searching 
        for, or specifically requesting, content; or
            (2) the covered platform or individuals on the platform 
        from providing resources for the prevention or mitigation of 
        the harms described in subsection (a), including evidence-
        informed information and clinical resources.

SEC. 4. SAFEGUARDS FOR MINORS.

    (a) Safeguards for Minors.--
            (1) Safeguards.--A covered platform shall provide an 
        individual that the covered platform knows is a minor with 
        readily-accessible and easy-to-use safeguards to, as 
        applicable--
                    (A) limit the ability of other individuals to 
                communicate with the minor;
                    (B) prevent other users, whether registered or not, 
                from viewing the minor's personal data collected by or 
                shared on the covered platform, in particular 
                restricting public access to personal data;
                    (C) limit features that increase, sustain, or 
                extend use of the covered platform by the minor, such 
                as automatic playing of media, rewards for time spent 
                on the platform, notifications, and other features that 
                result in compulsive usage of the covered platform by 
                the minor;
                    (D) control personalized recommendation systems, 
                including the ability for a minor to have at least 1 of 
                the following options--
                            (i) opt out of such personalized 
                        recommendation systems, while still allowing 
                        the display of content based on a chronological 
                        format; or
                            (ii) limit types or categories of 
                        recommendations from such systems; and
                    (E) restrict the sharing of the geolocation of the 
                minor to other users on the platform and provide notice 
                regarding the tracking of the minor's geolocation.
            (2) Options.--A covered platform shall provide an 
        individual that the covered platform knows is a minor with 
        readily-accessible and easy-to-use options to--
                    (A) delete the minor's account and delete any 
                personal data collected from, or shared by, the minor 
                on the covered platform; or
                    (B) limit the amount of time spent by the minor on 
                the covered platform.
            (3) Default safeguard settings for minors.--A covered 
        platform shall provide that, in the case of a user that the 
        platform knows is a minor, the default setting for any 
        safeguard described under paragraph (1) 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.
    (b) Parental Tools.--
            (1) Tools.--A covered platform shall provide readily-
        accessible and easy-to-use settings for parents to support an 
        individual that the platform knows is a minor with respect to 
        the individual's use of the platform.
            (2) Requirements.--The parental tools provided by a covered 
        platform shall include--
                    (A) the ability to manage a minor's privacy and 
                account settings, including the safeguards and options 
                established under subsection (a), in a manner that 
                allows parents to--
                            (i) view the privacy and account settings; 
                        and
                            (ii) in the case of a user that the 
                        platform knows is a child, change and control 
                        the privacy and account settings;
                    (B) the ability to restrict purchases and financial 
                transactions by the minor, where applicable; and
                    (C) the ability to view metrics of total time spent 
                on the platform and restrict time spent on the covered 
                platform by the minor.
            (3) Notice to minors.--A covered platform shall provide 
        clear and conspicuous notice to an individual that the platform 
        knows is a minor when tools described in this subsection are in 
        effect and what settings or controls have been applied.
            (4) Default tools.--A covered platform shall provide that, 
        in the case of a user that the platform knows is a child, the 
        tools described in this subsection shall be enabled by default.
    (c) Reporting Mechanism.--
            (1) Reports submitted by parents, minors, and schools.--A 
        covered platform shall provide--
                    (A) a readily-accessible and easy-to-use means to 
                submit reports to the covered platform of harms to a 
                minor;
                    (B) an electronic point of contact specific to 
                matters involving harms to a minor; and
                    (C) confirmation of the receipt of such a report 
                and a means to track a submitted report.
            (2) Timing.--A covered platform shall establish an internal 
        process to receive and substantively respond to such reports in 
        a reasonable and timely manner, but in no case later than--
                    (A) 10 days after the receipt of a report, if, for 
                the most recent calendar year, the platform averaged 
                more than 10,000,000 active users on a monthly basis in 
                the United States;
                    (B) 21 days after the receipt of a report, if, for 
                the most recent calendar year, the platform averaged 
                less than 10,000,000 active users on a monthly basis in 
                the United States; and
                    (C) notwithstanding subparagraphs (A) and (B), if 
                the report involves an imminent threat to the safety of 
                a minor, as promptly as needed to address the reported 
                threat to safety.
    (d) Advertising of Illegal Products.--A covered platform shall not 
facilitate the advertising of narcotic drugs (as defined in section 102 
of the Controlled Substances Act (21 U.S.C. 802)), tobacco products, 
gambling, or alcohol to an individual that the covered platform knows 
is a minor.
    (e) Application.--
            (1) Accessibility.--With respect to safeguards and parental 
        controls described under subsections (a) and (b), a covered 
        platform shall provide--
                    (A) information and control options in a clear and 
                conspicuous manner that takes into consideration the 
                differing ages, capacities, 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 controls;
                    (B) readily-accessible and easy-to-use controls to 
                enable or disable safeguards or parental controls, as 
                appropriate; and
                    (C) information and control options in the same 
                language, form, and manner as the covered platform 
                provides the product or service used by minors and 
                their parents.
            (2) Dark patterns prohibition.--It shall be unlawful for 
        any covered platform to design, modify, or manipulate a user 
        interface of a covered platform with the purpose or substantial 
        effect of subverting or impairing user autonomy, decision-
        making, or choice with respect to safeguards or parental 
        controls required under this section.
            (3) Rules of construction.--Nothing in this section shall 
        be construed to--
                    (A) prevent a covered platform from taking 
                reasonable measures to--
                            (i) block, detect, or prevent the 
                        distribution of unlawful, obscene, or other 
                        harmful material to minors as described in 
                        section 3(a); or
                            (ii) block or filter spam, prevent criminal 
                        activity, or protect the security of a platform 
                        or service;
                    (B) require the disclosure of a minor's browsing 
                behavior, search history, messages, contact list, or 
                other content or metadata of their communications;
                    (C) prevent a covered platform from using a 
                personalized recommendation system to display content 
                to a minor if the system only uses information on--
                            (i) the language spoken by the minor;
                            (ii) the city the minor is located in; or
                            (iii) the minor's age; or
                    (D) prohibit a covered platform from integrating 
                its products or service with controls from third-party 
                systems, including operating systems or gaming 
                consoles, to meet the requirements imposed under 
                subsections (a) and (b) relating to safeguards for 
                minors and tools for parents, provided that--
                            (i) the controls meet such requirements; 
                        and
                            (ii) the minor or parent is provided 
                        sufficient notice of the integration and use of 
                        the controls.

SEC. 5. DISCLOSURE.

    (a) Notice.--
            (1) Registration or purchase.--Prior to registration or 
        purchase of a covered platform by an individual that the 
        platform knows is a minor, the platform shall provide clear, 
        conspicuous, and easy-to-understand--
                    (A) notice of the policies and practices of the 
                covered platform with respect to personal data and 
                safeguards for minors;
                    (B) information about how to access the safeguards 
                and parental tools required under section 4; and
                    (C) notice about whether the covered platform uses 
                or makes available to minors a product, service, or 
                feature, including any personalized recommendation 
                system, that poses any heightened risk of harm to 
                minors.
            (2) Notification.--
                    (A) Notice and acknowledgment.--In the case of an 
                individual that a covered platform knows is a child, 
                the platform shall additionally provide information 
                about the parental tools and safeguards required under 
                section 4 to a parent of the child and obtain 
                verifiable parental consent (as defined in section 
                1302(9) of the Children's Online Privacy Protection Act 
                (15 U.S.C. 6501(9))) from the parent prior to the 
                inital use of the covered platform by the child.
                    (B) Reasonable effort.--A covered platform shall be 
                deemed to have satisfied the requirement described in 
                subparagraph (A) if the covered platform is in 
                compliance with the requirements of the Children's 
                Online Privacy Protection Act (15 U.S.C. 6501 et seq.) 
                to use reasonable efforts (taking into consideration 
                available technology) to provide a parent with the 
                information described in subparagraph (A) and to obtain 
                verifiable parental consent as required.
            (3) Consolidated notices.--A covered platform may 
        consolidate the process for providing information under this 
        subsection and obtaining verifiable parental consent or the 
        consent of the minor involved (as applicable) as required under 
        this subsection with its obligations to provide relevant notice 
        and obtain verifiable parental consent under the Children's 
        Online Privacy Protection Act (15 U.S.C. 6501 et seq.).
            (4) Guidance.--The Federal Trade Commission may issue 
        guidance to assist covered platforms in complying with the 
        requirements of this section.
    (b) Personalized Recommendation System.--A covered platform that 
operates a personalized recommendation system shall set out in its 
terms and conditions, in a clear, conspicuous, and easy-to-understand 
manner--
            (1) an overview of how such personalized recommendation 
        system is used by the covered platform to provide information 
        to users of the platform who are minors, including how such 
        systems use the personal data of minors; and
            (2) information about options for minors or their parents 
        to opt out of or control the personalized recommendation system 
        (as applicable).
    (c) Advertising and Marketing Information and Labels.--
            (1) Information and labels.--A covered platform that 
        facilitates advertising aimed at users that the platform knows 
        are minors shall provide clear, conspicuous, and easy-to-
        understand information and labels to minors on advertisements 
        regarding--
                    (A) the name of the product, service, or brand and 
                the subject matter of an advertisement;
                    (B) if the covered platform engages in individual-
                specific advertising to minors, why a particular 
                advertisement is directed to a specific minor, 
                including material information about how the minor's 
                personal data is used to direct the advertisement to 
                the minor; and
                    (C) whether particular media displayed to the minor 
                is an advertisement or marketing material, including 
                disclosure of endorsements of products, services, or 
                brands made for commercial consideration by other users 
                of the platform.
            (2) Guidance.--The Federal Trade Commission may issue 
        guidance to assist covered platforms in complying with the 
        requirements of this subsection, including guidance about the 
        minimum level of information and labels for the disclosures 
        required under paragraph (1) .
    (d) Resources for Parents and Minors.--A covered platform shall 
provide to minors and parents clear, conspicuous, easy-to-understand, 
and comprehensive information in a prominent location regarding--
            (1) its policies and practices with respect to personal 
        data and safeguards for minors; and
            (2) how to access the safeguards and tools required under 
        section 4.
    (e) Resources in Additional Languages.--A covered platform shall 
ensure, to the extent practicable, that the disclosures required by 
this section are made available in the same language, form, and manner 
as the covered platform provides any product or service used by minors 
and their parents.

SEC. 6. TRANSPARENCY.

    (a) In General.--Subject to subsection (b), not less frequently 
than once a year, a covered platform shall issue a public report 
describing the reasonably foreseeable risks of material harms to minors 
and assessing the prevention and mitigation measures taken to address 
such risk based on an independent, third-party audit conducted through 
reasonable inspection of the covered platform.
    (b) Scope of Application.--The requirements of this section shall 
apply to a covered platform if--
            (1) for the most recent calendar year, the platform 
        averaged more than 10,000,000 active users on a monthly basis 
        in the United States; and
            (2) the platform predominantly provides a community forum 
        for user-generated content and discussion, including sharing 
        videos, images, games, audio files, discussion in a virtual 
        setting, or other content, such as acting as a social media 
        platform, virtual reality environment, or a social network 
        service.
    (c) Content.--
            (1) Transparency.--The public reports required of a covered 
        platform under this section shall include--
                    (A) an assessment of the extent to which the 
                platform is likely to be accessed by minors;
                    (B) a description of the commercial interests of 
                the covered platform in use by minors;
                    (C) an accounting, based on the data held by the 
                covered platform, of--
                            (i) the number of individuals using the 
                        covered platform reasonably believed to be 
                        minors in the United States;
                            (ii) the median and mean amounts of time 
                        spent on the platform by minors in the United 
                        States who have accessed the platform during 
                        the reporting year on a daily, weekly, and 
                        monthly basis; and
                            (iii) the amount of content being accessed 
                        by individuals that the platform knows to be 
                        minors that is in English, and the top 5 non-
                        English languages used by individuals accessing 
                        the platform in the United States;
                    (D) an accounting of total reports received 
                regarding, and the prevalence (which can be based on 
                scientifically valid sampling methods using the content 
                available to the covered platform in the normal course 
                of business) of content related to, the harms described 
                in section 3(a), disaggregated by category of harm and 
                language, including English and the top 5 non-English 
                languages used by individuals accessing the platform 
                from the United States (as identified under 
                subparagraph (C)(iii)); and
                    (E) a description of any material breaches of 
                parental tools or assurances regarding minors, 
                representations regarding the use of the personal data 
                of minors, and other matters regarding non-compliance.
            (2) Reasonably foreseeable risk of harm to minors.--The 
        public reports required of a covered platform under this 
        section shall include--
                    (A) an assessment of the reasonably foreseeable 
                risk of harms to minors posed by the covered platform, 
                including identifying any other physical, mental, 
                developmental, or financial harms in addition to those 
                described in section 3(a);
                    (B) an assessment of how personalized 
                recommendation systems and individual-specific 
                advertising to minors can contribute to harms to 
                minors;
                    (C) a description of whether and how the covered 
                platform uses system design features that increase, 
                sustain, or extend use of a product or service by a 
                minor, such as automatic playing of media, rewards for 
                time spent, and notifications;
                    (D) a description of whether, how, and for what 
                purpose the platform collects or processes categories 
                of personal data that may cause reasonably foreseeable 
                risk of harms to minors;
                    (E) an evaluation of the efficacy of safeguards for 
                minors under section 4, and any issues in delivering 
                such safeguards and the associated parental tools;
                    (F) an evaluation of any other relevant matters of 
                public concern over risk of harms to minors; and
                    (G) an assessment of differences in risk of harm to 
                minors across different English and non-English 
                languages and efficacy of safeguards in those 
                languages.
            (3) Mitigation.--The public reports required of a covered 
        platform under this section shall include, for English and the 
        top 5 non-English languages used by individuals accessing the 
        platform from the United States (as identified under paragraph 
        (2)(C)(iii)))--
                    (A) a description of the safeguards and parental 
                tools available to minors and parents on the covered 
                platform;
                    (B) a description of interventions by the covered 
                platform when it had or has reason to believe that 
                harms to minors could occur;
                    (C) a description of the prevention and mitigation 
                measures intended to be taken in response to the known 
                and emerging risks identified in its assessment of 
                system risks, including steps taken to--
                            (i) prevent harms to minors, including 
                        adapting or removing system design features or 
                        addressing through parental controls;
                            (ii) provide the most protective level of 
                        control over privacy and safety by default; and
                            (iii) adapt recommendation systems to 
                        mitigate reasonably foreseeable risk of harms 
                        to minors, as described in section 3(a);
                    (D) a description of internal processes for 
                handling reports and automated detection mechanisms for 
                harms to minors, including the rate, timeliness, and 
                effectiveness of responses under the requirement of 
                section 4(c);
                    (E) the status of implementing prevention and 
                mitigation measures identified in prior assessments; 
                and
                    (F) a description of the additional measures to be 
                taken by the covered platform to address the 
                circumvention of safeguards for minors and parental 
                tools.
    (d) Reasonable Inspection.--In conducting an inspection of the 
systemic risks of harm to minors under this section, an independent, 
third-party auditor shall--
            (1) take into consideration the function of personalized 
        recommendation systems;
            (2) consult parents and youth experts, including youth and 
        families with relevant past or current experience, public 
        health and mental health nonprofit organizations, health and 
        development organizations, and civil society with respect to 
        the prevention of harms to minors;
            (3) conduct research based on experiences of minors that 
        use the covered platform, including reports under section 4(c) 
        and information provided by law enforcement;
            (4) take account of research, including research regarding 
        system design features, marketing, or product integrity, 
        industry best practices, or outside research;
            (5) consider indicia or inferences of age of users, in 
        addition to any self-declared information about the age of 
        individuals; and
            (6) take into consideration differences in risk of 
        reasonably foreseeable harms and effectiveness of safeguards 
        across English and non-English languages.
    (e) Cooperation With Independent, Third-party Audit.--To facilitate 
the report required by subsection (c), a covered platform shall--
            (1) provide or otherwise make available to the independent 
        third-party conducting the audit all information and material 
        in its possession, custody, or control that is relevant to the 
        audit;
            (2) provide or otherwise make available to the independent 
        third-party conducting the audit access to all network, 
        systems, and assets relevant to the audit; and
            (3) disclose all relevant facts to the independent third-
        party conducting the audit, and not misrepresent in any manner, 
        expressly or by implication, any relevant fact.
    (f) Privacy Safeguards.--
            (1) In general.--In issuing the public reports required 
        under this section, a covered platform shall take steps to 
        safeguard the privacy of its users, including ensuring that 
        data is presented in a de-identified, aggregated format such 
        that it is reasonably impossible for the data to be linked back 
        to any individual user.
            (2) 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 law.
            (3) Definition of de-identified.--As used in this 
        subsection, 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 individual, 
        regardless of whether the information is aggregated
    (g) 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 website.

SEC. 7. INDEPENDENT RESEARCH ON SOCIAL MEDIA AND MINORS.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) National academy.--The term ``National Academy'' means 
        the National Academy of Sciences.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
    (b) Research on Social Media Harms.--Not later than 12 months after 
the date of enactment of this Act, the Commission shall seek to enter 
into a contract with the National Academy, under which the National 
Academy shall conduct no less than 5 scientific, comprehensive studies 
and reports on the risk of harms to minors by use of social media and 
other online platforms, including in English and non-English languages.
    (c) Matters to Be Addressed.--In contracting with the National 
Academy, the Commission, in consultation with the Secretary, shall seek 
to commission separate studies and reports, using the Commission's 
authority under section 6(b) of the Federal Trade Commission Act (15 
U.S.C. 46(b)), on the relationship between social media and other 
online platforms as defined in this Act on the following matters:
            (1) Anxiety, depression, eating disorders, and suicidal 
        behaviors.
            (2) Substance use disorders and the use of narcotic drugs, 
        tobacco products, gambling, or alcohol by minors.
            (3) Sexual exploitation and abuse.
            (4) Addiction-like use of social media and design factors 
        that lead to unhealthy and harmful overuse of social media.
    (d) Additional Study.--Not earlier than 4 years after enactment, 
the Commission shall seek to enter into a contract with the National 
Academy under which the National Academy shall conduct an additional 
study and report covering the matters described in subsection (c) for 
the purposes of providing additional information, considering new 
research, and other matters.
    (e) Content of Reports.-- The comprehensive studies and reports 
conducted pursuant to this section shall seek to evaluate impacts and 
advance understanding, knowledge, and remedies regarding the harms to 
minors posed by social media and other online platforms, and may 
include recommendations related to public policy.
    (f) Active Studies.--If the National Academy is engaged in any 
active studies on the matters described in subsection (c) at the time 
that it enters into a contract with the Commission to conduct a study 
under this section, it may base the study to be conducted under this 
section on the active study, so long as it otherwise incorporates the 
requirements of this section.
    (g) Collaboration.--In designing and conducting the studies under 
this section, the Commission, the Secretary, and the National Academy 
shall consult with the Surgeon General and the Kids Online Safety 
Council.
    (h) Access to Data.--
            (1) Fact-finding authority.--The Commission may issue 
        orders to gather and compile information and data necessary to 
        conduct the studies required under this section.
            (2) Scope.--The Commission may issue orders under section 
        6(b) of the Federal Trade Commission Act (15 U.S.C. 46(b)) to 
        no more than 5 covered platforms per study under this section.
            (3) Confidential access.--Pursuant to subsections (b) and 
        (f) of section 6 of the Federal Trade Commission Act (15 U.S.C. 
        46), the Commission shall enter in agreements with the National 
        Academy to share appropriate information received from a 
        covered platform pursuant to an order under such subsection (b) 
        for a comprehensive study under this section in a confidential 
        and secure manner, and to prohibit the disclosure or sharing of 
        such information by the National Academy.

SEC. 8. MARKET RESEARCH.

    (a) Market Research by Covered Platforms.--The Federal Trade 
Commission, in consultation with the Secretary of Commerce, shall issue 
guidance for covered platforms seeking to conduct market- and product-
focused research on minors. Such guidance shall include--
            (1) a standard consent form that provides minors and their 
        parents a clear, conspicuous, and easy-to-understand 
        explanation of the scope and purpose of the research to be 
        conducted, and provides an opportunity for informed consent in 
        the language in which the parent uses the covered platform; and
            (2) recommendations for research practices for studies that 
        may include minors, disaggregated by the age ranges of 0-5, 6-
        9, 10-12, and 13-16.
    (b) Timing.--The Federal Trade Commission shall issue such guidance 
not later than 18 months after the date of enactment of this Act. In 
doing so, they shall seek input from members of the public and the 
representatives of the Kids Online Safety Council established under 
section 12.

SEC. 9. AGE VERIFICATION STUDY AND REPORT.

    (a) Study.--The Director of the National Institute of Standards and 
Technology, in coordination with the Federal Communications Commission, 
Federal Trade Commission, and the Secretary of Commerce, shall conduct 
a study evaluating the most technologically feasible methods and 
options for developing systems to verify age at the device or operating 
system level.
    (b) Contents.--Such study shall consider --
            (1) the benefits of creating a device or operating system 
        level age verification system;
            (2) what information may need to be collected to create 
        this type of age verification system;
            (3) the accuracy of such systems and their impact or steps 
        to improve accessibility, including for individuals with 
        disabilities;
            (4) how such a system or systems could verify age while 
        mitigating risks to user privacy and data security and 
        safeguarding minors' personal data, emphasizing minimizing the 
        amount of data collected and processed by covered platforms and 
        age verification providers for such a system;
            (5) the technical feasibility, including the need for 
        potential hardware and software changes, including for devices 
        currently in commerce and owned by consumers; and
            (6) the impact of different age verification systems on 
        competition, particularly the risk of different age 
        verification systems creating barriers to entry for small 
        companies.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the agencies described in subsection (a) shall submit a 
report containing the results of the study conducted under such 
subsection to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Energy and Commerce of the House of 
Representatives.

SEC. 10. GUIDANCE.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Federal Trade Commission, in consultation 
with the Kids Online Safety Council established under section 12, shall 
issue guidance to--
            (1) provide information and examples for covered platforms 
        and auditors regarding the following, with consideration given 
        to differences across English and non-English languages--
                    (A) identifying features that are used to increase, 
                sustain, or extend use of the covered platform by a 
                minor;
                    (B) safeguarding minors against the possible misuse 
                of parental tools;
                    (C) best practices in providing minors and parents 
                the most protective level of control over privacy and 
                safety;
                    (D) using indicia or inferences of age of users for 
                assessing use of the covered platform by minors;
                    (E) methods for evaluating the efficacy of 
                safeguards; and
                    (F) providing additional control options that allow 
                parents to address the harms described in section 3(a); 
                and
            (2) outline conduct that does not have the purpose or 
        substantial effect of subverting or impairing user autonomy, 
        decision-making, or choice, or of causing, increasing, or 
        encouraging compulsive usage for a minor, such as--
                    (A) de minimis user interface changes derived from 
                testing consumer preferences, including different 
                styles, layouts, or text, where such changes are not 
                done with the purpose of weakening or disabling 
                safeguards or parental controls;
                    (B) algorithms or data outputs outside the control 
                of a covered platform; and
                    (C) establishing default settings that provide 
                enhanced privacy protection to users or otherwise 
                enhance their autonomy and decision-making ability.
    (b) Guidance to Schools.--Not later than 18 months after the date 
of enactment of this Act, the Secretary of Education, in consultation 
with the Federal Trade Commission and the Kids Online Safety Council 
established under section 12, shall issue guidance to assist to assist 
elementary and secondary schools in using the notice, safeguards and 
tools provided under this Act and providing information on online 
safety for students and teachers.
    (c) Guidance on Knowledge Standard.--Not later than 18 months after 
the date of enactment of this Act, the Federal Trade Commission shall 
issue guidance to provide information, including best practices and 
examples, for covered platforms to understand the Commission's 
determination of whether a covered platform ``had knowledge fairly 
implied on the basis of objective circumstances'' for purposes of this 
Act.
    (d) Limitation on Federal Trade Commission Guidance.--
            (1) Effect of guidance.--No guidance issued by the Federal 
        Trade Commission with respect to this Act shall--
                    (A) confer any rights on any person, State, or 
                locality; or
                    (B) operate to bind the Federal Trade Commission or 
                any person to the approach recommended in such 
                guidance.
            (2) Use in enforcement actions.--In any enforcement action 
        brought pursuant to this Act, the Federal Trade Commission--
                    (A) shall allege a violation of a provision of this 
                Act; and
                    (B) may not base such enforcement action on, or 
                execute a consent order based on, practices that are 
                alleged to be inconsistent with guidance issued by the 
                Federal Trade Commission with respect to this Act, 
                unless the practices are alleged to violate a provision 
                of this Act.

SEC. 11. ENFORCEMENT.

    (a) Enforcement by Federal Trade Commission.--
            (1) Unfair and 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 
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
        57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--The Federal Trade Commission 
                (referred to in this section as the ``Commission'') 
                shall enforce this Act in the same manner, by the same 
                means, and with the same jurisdiction, powers, and 
                duties as though all applicable terms and provisions of 
                the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
                were incorporated into and made a part of this Act.
                    (B) Privileges and immunities.--Any person that 
                violates this Act shall be subject to the penalties, 
                and entitled to the privileges and immunities, provided 
                in the Federal Trade Commission Act (15 U.S.C. 41 et 
                seq.).
            (3) Authority preserved.--Nothing in this Act shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.
    (b) Enforcement by State Attorneys General.--
            (1) In general.--
                    (A) Civil actions.--In any case in which the 
                attorney general of a State has reason to believe that 
                an interest of the residents of that State has been or 
                is threatened or adversely affected by the engagement 
                of any person in a practice that violates this Act, the 
                State, as parens patriae, 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--
                            (i) enjoin that practice;
                            (ii) enforce compliance with this Act;
                            (iii) on behalf of residents of the State, 
                        obtain damages, restitution, or other 
                        compensation, each of which shall be 
                        distributed in accordance with State law; or
                            (iv) obtain such other relief as the court 
                        may consider to be appropriate.
                    (B) Notice.--
                            (i) In general.--Before filing an action 
                        under subparagraph (A), the attorney general of 
                        the State involved shall provide to the 
                        Commission--
                                    (I) written notice of that action; 
                                and
                                    (II) a copy of the complaint for 
                                that action.
                            (ii) Exemption.--
                                    (I) In general.--Clause (i) 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 action.
                                    (II) Notification.--In an action 
                                described in subclause (I), 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 
                                action.
            (2) Intervention.--
                    (A) In general.--On receiving notice under 
                paragraph (1)(B), the Commission shall have the right 
                to intervene in the action that is the subject of the 
                notice.
                    (B) Effect of intervention.--If the Commission 
                intervenes in an action under paragraph (1), it shall 
                have the right--
                            (i) to be heard with respect to any matter 
                        that arises in that action; and
                            (ii) to file a petition for appeal.
            (3) Construction.--For purposes of bringing any civil 
        action under paragraph (1), nothing in this Act 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--
                    (A) conduct investigations;
                    (B) administer oaths or affirmations; or
                    (C) compel the attendance of witnesses or the 
                production of documentary and other evidence.
            (4) Actions by the commission.--In any case in which an 
        action is instituted by or on behalf of the Commission for 
        violation of this Act, no State may, during the pendency of 
        that action, institute a separate action under paragraph (1) 
        against any defendant named in the complaint in the action 
        instituted by or on behalf of the Commission for that 
        violation.
            (5) Venue; service of process.--
                    (A) Venue.--Any action brought under paragraph (1) 
                may be brought in--
                            (i) the district court of the United States 
                        that meets applicable requirements relating to 
                        venue under section 1391 of title 28, United 
                        States Code; or
                            (ii) a State court of competent 
                        jurisdiction.
                    (B) Service of process.--In an action brought under 
                paragraph (1) in a district court of the United States, 
                process may be served wherever defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.

SEC. 12. KIDS ONLINE SAFETY COUNCIL.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Commerce shall establish and 
convene the Kids Online Safety Council for the purpose of providing 
advice on matters related to this Act.
    (b) Participation.--The Kids Online Safety Council shall include 
diverse participation from--
            (1) academic experts, health professionals, and members of 
        civil society with expertise in mental health, substance use 
        disorders, and the prevention of harms to minors;
            (2) representatives in academia and civil society with 
        specific expertise in privacy and civil liberties;
            (3) parents and youth representation;
            (4) representatives of covered platforms;
            (5) representatives of the National Telecommunications and 
        Information Administration, the National Institute of Standards 
        and Technology, the Federal Trade Commission, the Department of 
        Justice, and the Department of Health and Human Services;
            (6) State attorneys general or their designees acting in 
        State or local government;
            (7) educators; and
            (8) representatives of communities of socially 
        disadvantaged individuals (as defined in section 8 of the Small 
        Business Act (15 U.S.C. 637)).
    (c) Activities.--The matters to be addressed by the Kids Online 
Safety Council shall include--
            (1) identifying emerging or current risks of harms to 
        minors associated with online platforms;
            (2) recommending measures and methods for assessing, 
        preventing, and mitigating harms to minors online;
            (3) recommending methods and themes for conducting research 
        regarding online harms to minors, including in English and non-
        English languages; and
            (4) recommending best practices and clear, consensus-based 
        technical standards for transparency reports and audits, as 
        required under this Act, including methods, criteria, and scope 
        to promote overall accountability.

SEC. 13. FILTER BUBBLE TRANSPARENCY REQUIREMENTS.

    (a) Definitions.--In this section:
            (1) Algorithmic ranking system.--The term ``algorithmic 
        ranking system'' means a computational process, including one 
        derived from algorithmic decision-making, machine learning, 
        statistical analysis, or other data processing or artificial 
        intelligence techniques, used to determine the selection, 
        order, relative prioritization, or relative prominence of 
        content from a set of information that is provided to a user on 
        a covered internet platform, including the ranking of search 
        results, the provision of content recommendations, the display 
        of social media posts, or any other method of automated content 
        selection.
            (2) Approximate geolocation information.--The term 
        ``approximate geolocation information'' means information that 
        identifies the location of an individual, but with a precision 
        of less than 5 miles.
            (3) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (4) Connected device.--The term ``connected device'' means 
        an electronic device that--
                    (A) is capable of connecting to the internet, 
                either directly or indirectly through a network, to 
                communicate information at the direction of an 
                individual;
                    (B) has computer processing capabilities for 
                collecting, sending, receiving, or analyzing data; and
                    (C) is primarily designed for or marketed to 
                consumers.
            (5) Covered internet platform.--
                    (A) In general.--The term ``covered internet 
                platform'' means any public-facing website, internet 
                application, or mobile application, including a social 
                network site, video sharing service, search engine, or 
                content aggregation service.
                    (B) Exclusions.--Such term shall not include a 
                platform that--
                            (i) is wholly owned, controlled, and 
                        operated by a person that--
                                    (I) for the most recent 6-month 
                                period, did not employ more than 500 
                                employees;
                                    (II) for the most recent 3-year 
                                period, averaged less than $50,000,000 
                                in annual gross revenue; and
                                    (III) collects or processes on an 
                                annual basis the user-specific data of 
                                less than 1,000,000 users; or
                            (ii) is operated for the sole purpose of 
                        conducting research that is not made for profit 
                        either directly or indirectly.
            (6) Input-transparent algorithm.--
                    (A) 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 selection, order, relative 
                prioritization, or relative prominence of information 
                that is furnished to such user on a covered internet 
                platform, unless the user-specific data is expressly 
                provided to the platform by the user for such purpose.
                    (B) Data provided for express purpose of 
                interaction with platform.--For purposes of 
                subparagraph (A), user-specific data that is provided 
                by a user for the express purpose of determining the 
                selection, order, relative prioritization, or relative 
                prominence of information that is furnished to such 
                user on a covered internet platform--
                            (i) shall include user-supplied search 
                        terms, filters, speech patterns (if provided 
                        for the purpose of enabling the platform to 
                        accept spoken input or selecting the language 
                        in which the user interacts with the platform), 
                        saved preferences, and the current precise 
                        geolocation information that is supplied by the 
                        user;
                            (ii) shall include the user's current 
                        approximate geolocation information;
                            (iii) shall include data affirmatively 
                        supplied to the platform by the user that 
                        expresses the user's desire to receive 
                        particular information, such as the social 
                        media profiles the user follows, the video 
                        channels the user subscribes to, or other 
                        content or sources of content on the platform 
                        the user has selected;
                            (iv) shall not include the history of the 
                        user's connected device, including the user's 
                        history of web searches and browsing, previous 
                        geographical locations, physical activity, 
                        device interaction, and financial transactions; 
                        and
                            (v) shall not include inferences about the 
                        user or the user's connected device, without 
                        regard to whether such inferences are based on 
                        data described in clause (i) or (iii).
            (7) Opaque algorithm.--
                    (A) In general.--The term ``opaque algorithm'' 
                means an algorithmic ranking system that determines the 
                selection, order, relative prioritization, or relative 
                prominence of information that is furnished to such 
                user on a covered internet platform based, in whole or 
                part, on user-specific data that was not expressly 
                provided by the user to the platform for such purpose.
                    (B) Exception for age-appropriate content 
                filters.--Such term shall not include an algorithmic 
                ranking system used by a covered internet platform if--
                            (i) the only user-specific data (including 
                        inferences about the user) that the system uses 
                        is information relating to the age of the user; 
                        and
                            (ii) such information is only used to 
                        restrict a user's access to content on the 
                        basis that the individual is not old enough to 
                        access such content.
            (8) Precise geolocation information.--The term ``precise 
        geolocation information'' means geolocation information that 
        identifies an individual's location to within a range of 5 
        miles or less.
            (9) Search syndication contract; upstream provider; 
        downstream provider.--
                    (A) Search syndication contract.--The term ``search 
                syndication contract'' means a contract or subcontract 
                for the sale of, license of, or other right to access 
                an index of web pages or search results on the internet 
                for the purpose of operating an internet search engine.
                    (B) Upstream provider.--The term ``upstream 
                provider'' means, with respect to a search syndication 
                contract, the person that grants access to an index of 
                web pages or search results on the internet to a 
                downstream provider pursuant to the contract.
                    (C) Downstream provider.--The term ``downstream 
                provider'' means, with respect to a search syndication 
                contract, the person that receives access to an index 
                of web pages on the internet from an upstream provider 
                under such contract.
            (10) 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 device.
    (b) Requirement to Allow Users to See Unmanipulated Content on 
Internet Platforms.--
            (1) In general.--Beginning on the date that is 1 year after 
        the date of enactment of this Act, it shall be unlawful--
                    (A) for any person to operate a covered internet 
                platform that uses an opaque algorithm unless the 
                person complies with the requirements of paragraph (2); 
                or
                    (B) for any upstream provider to grant access to an 
                index of web pages on the internet under a search 
                syndication contract that does not comply with the 
                requirements of paragraph (3).
            (2) Opaque algorithm requirements.--
                    (A) In general.--The requirements of this paragraph 
                with respect to a person that operates a covered 
                internet platform that uses an opaque algorithm are the 
                following:
                            (i) The person provides notice to users of 
                        the platform--
                                    (I) that the platform uses an 
                                opaque algorithm that uses user-
                                specific data to select the content the 
                                user sees. Such notice shall be 
                                presented in a clear, conspicuous 
                                manner on the platform whenever the 
                                user interacts with an opaque algorithm 
                                for the first time, and may be a one-
                                time notice that can be dismissed by 
                                the user; and
                                    (II) in the terms and conditions of 
                                the covered internet platform, in a 
                                clear, accessible, and easily 
                                comprehensible manner to be updated no 
                                less frequently than once every 6 
                                months--
                                            (aa) the most salient 
                                        features, inputs, and 
                                        parameters used by the 
                                        algorithm;
                                            (bb) how any user-specific 
                                        data used by the algorithm is 
                                        collected or inferred about a 
                                        user of the platform, and the 
                                        categories of such data;
                                            (cc) any options that the 
                                        covered internet platform makes 
                                        available for a user of the 
                                        platform to opt out or exercise 
                                        options under clause (ii), 
                                        modify the profile of the user 
                                        or to influence the features, 
                                        inputs, or parameters used by 
                                        the algorithm; and
                                            (dd) any quantities, such 
                                        as time spent using a product 
                                        or specific measures of 
                                        engagement or social 
                                        interaction, that the algorithm 
                                        is designed to optimize, as 
                                        well as a general description 
                                        of the relative importance of 
                                        each quantity for such ranking.
                            (ii) The person makes available a version 
                        of the platform that uses an input-transparent 
                        algorithm and enables users to easily switch 
                        between the version of the platform that uses 
                        an opaque algorithm and the version of the 
                        platform that uses the input-transparent 
                        algorithm.
                    (B) Nonapplication to certain downstream 
                providers.--Subparagraph (A) shall not apply with 
                respect to an internet search engine if--
                            (i) the search engine is operated by a 
                        downstream provider with fewer than 1,000 
                        employees; and
                            (ii) the search engine uses an index of web 
                        pages on the internet to which such provider 
                        received access under a search syndication 
                        contract.
            (3) Search syndication contract requirement.--The 
        requirements of this paragraph with respect to a search 
        syndication contract are that--
                    (A) as part of the contract, the upstream provider 
                makes available to the downstream provider the same 
                input-transparent algorithm used by the upstream 
                provider for purposes of complying with paragraph 
                (2)(A)(ii); and
                    (B) the upstream provider does not impose any 
                additional costs, degraded quality, reduced speed, or 
                other constraint on the functioning of such algorithm 
                when used by the downstream provider to operate an 
                internet search engine relative to the performance of 
                such algorithm when used by the upstream provider to 
                operate an internet search engine.
            (4) Prohibition on differential pricing.--A covered 
        internet platform shall not deny, charge different prices or 
        rates for, or condition the provision of a service or product 
        to an individual based on the individual's election to use a 
        version of the platform that uses an input-transparent 
        algorithm as provided under paragraph (2)(A)(ii).
    (c) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this section by an operator of a covered internet platform 
        shall be treated as a violation of a rule defining an unfair or 
        deceptive act or practice prescribed under section 18(a)(1)(B) 
        of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of commission.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Federal Trade Commission shall enforce this 
                section in the same manner, by the same means, and with 
                the same jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.) were incorporated 
                into and made a part of this section.
                    (B) Privileges and immunities.--Except as provided 
                in subparagraph (C), any person who violates this Act 
                shall be subject to the penalties and entitled to the 
                privileges and immunities provided in the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.).
                    (C) Common carriers and nonprofit organizations.--
                Notwithstanding section 4, 5(a)(2), or 6 of the Federal 
                Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46) or 
                any jurisdictional limitation of the Commission, the 
                Commission shall also enforce this Act, in the same 
                manner provided in subparagraphs (A) and (B) of this 
                paragraph, with respect to--
                            (i) common carriers subject to the 
                        Communications Act of 1934 (47 U.S.C. 151 et 
                        seq.) and Acts amendatory thereof and 
                        supplementary thereto; and
                            (ii) organizations not organized to carry 
                        on business for their own profit or that of 
                        their members.
                    (D) Authority preserved.--Nothing in this section 
                shall be construed to limit the authority of the 
                Commission under any other provision of law.
            (3) Rule of application.--Section 11 shall not apply to 
        this section.
    (d) Rule of Construction to Preserve Personalized Blocks.--Nothing 
in this section shall be construed to limit or prohibit a covered 
internet platform's ability to, at the direction of an individual user 
or group of users, restrict another user from searching for, finding, 
accessing, or interacting with such user's or group's account, content, 
data, or online community.

SEC. 14. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act shall take 
effect on the date that is 18 months after the date of enactment of 
this Act.

SEC. 15. RULES OF CONSTRUCTION AND OTHER MATTERS.

    (a) Relationship to Other Laws.--Nothing in this Act shall be 
construed to--
            (1) preempt section 444 of the General Education Provisions 
        Act (20 U.S.C. 1232g, commonly known as the ``Family 
        Educational Rights and Privacy Act of 1974'') or other Federal 
        or State laws governing student privacy;
            (2) preempt the Children's Online Privacy Protection Act of 
        1998 (15 U.S.C. 6501 et seq.) or any rule or regulation 
        promulgated under such Act; or
            (3) authorize any action that would conflict with section 
        18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).
    (b) Determination of ``Fairly Implied on the Basis of Objective 
Circumstances''.--For purposes of enforcing this Act, in making a 
determination as to whether covered platform has knowledge fairly 
implied on the basis of objective circumstances that a user is a minor, 
the Federal Trade Commission shall rely on competent and reliable 
empirical evidence, taking into account the totality of the 
circumstances, including consideration of whether the operator, using 
available technology, exercised reasonable care.
    (c) Protections for Privacy.--Nothing in this Act shall be 
construed to require--
            (1) 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 business; or
            (2) a covered platform to implement an age gating or age 
        verification functionality.
    (d) Compliance.--Nothing in this Act shall be construed to restrict 
a covered platform's ability to--
            (1) cooperate with law enforcement agencies regarding 
        activity that the covered platform reasonably and in good faith 
        believes may violate Federal, State, or local laws, rules, or 
        regulations;
            (2) comply with a civil, criminal, or regulatory inquiry or 
        any investigation, subpoena, or summons by Federal, State, 
        local, or other government authorities; or
            (3) investigate, establish, exercise, respond to, or defend 
        against legal claims.
    (e) Application to Video Streaming Services.--A video streaming 
service shall be deemed to be in compliance with this Act if it 
predominantly consists of news, sports, entertainment, or other video 
programming content that is preselected by the provider and not user-
generated, and--
            (1) any chat, comment, or interactive functionality is 
        provided incidental to, directly related to, or dependent on 
        provision of such content;
            (2) if such video streaming service requires account owner 
        registration and is not predominantly news or sports, the 
        service includes the capability--
                    (A) to limit a minor's access to the service, which 
                may utilize a system of age-rating;
                    (B) to limit the automatic playing of on-demand 
                content selected by a personalized recommendation 
                system for an individual that the service knows is a 
                minor;
                    (C) to provide an individual that the service knows 
                is a minor with readily-accessible and easy-to-use 
                options to delete an account held by the minor and 
                delete any personal data collected from the minor on 
                the service, or, in the case of a service that allows a 
                parent to create a profile for a minor, to allow a 
                parent to delete the minor's profile, and to delete any 
                personal data collected from the minor on the service;
                    (D) for a parent to manage a minor's privacy and 
                account settings, and restrict purchases and financial 
                transactions by a minor, where applicable;
                    (E) to provide an electronic point of contact 
                specific to matters described in this paragraph;
                    (F) to offer a clear, conspicuous, and easy-to-
                understand notice of its policies and practices with 
                respect to personal data and the capabilities described 
                in this paragraph; and
                    (G) when providing on-demand content, to employ 
                measures that safeguard against serving advertising for 
                narcotic drugs (as defined in section 102 of the 
                Controlled Substances Act (21 U.S.C. 802)), tobacco 
                products, gambling, or alcohol directly to the account 
                or profile of an individual that the service knows is a 
                minor.

SEC. 16. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, is 
determined to be unenforceable or invalid, the remaining provisions of 
this Act and the amendments made by this Act shall not be affected.
                                                       Calendar No. 287

118th CONGRESS

  1st Session

                                S. 1409

_______________________________________________________________________

                                 A BILL

           To protect the safety of children on the internet.

_______________________________________________________________________

                           December 13, 2023

                       Reported with an amendment
```