(ii) creating, hosting, or making avail-
able content that meets the definition of 
harmful to minors under paragraph (4) is 
the sole source of income or principal busi-
ness of the entity. 
(4) HARMFUL TO MINORS.—The term ‘‘harmful 
to minors’’, with respect to a picture, image, graphic 
image file, film, videotape, or other visual depiction, 
means that the picture, image, graphic image file, 
film, videotape, or other depiction— 
(A)(i) taken as a whole and with respect to 
minors, appeals to the prurient interest in nu-
dity, sex, or excretion; 
(ii) depicts, describes, or represents, in a 
patently offensive way with respect to what is 
suitable for minors, an actual or simulated sex-
ual act or sexual contact, actual or simulated 
normal or perverted sexual acts, or lewd exhi-
bition of the genitals; and 
(iii) taken as a whole, lacks serious, lit-
erary, artistic, political, or scientific value as to 
minors; 
(B) is obscene; or 
(C) is child pornography. 
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(5) INFORMATION CONTENT PROVIDER; INTER-
ACTIVE COMPUTER SERVICE.—The terms ‘‘informa-
tion content provider’’ and ‘‘interactive computer 
service’’ have the meanings given those terms in sec-
tion 230(f) of the Communications Act of 1934 (47 
U.S.C. 230(f)). 
(6) SEXUAL
ACT; 
SEXUAL
CONTACT.—The 
terms ‘‘sexual act’’ and ‘‘sexual contact’’ have the 
meanings given those terms in section 2246 of title 
18, United States Code. 
(7) TECHNOLOGY
VERIFICATION
MEASURE.— 
The term ‘‘technology verification measure’’ means 
technology that— 
(A) employs a system or process to deter-
mine whether it is more likely than not that a 
user of a covered platform is a minor; and 
(B) prevents access by minors to any con-
tent on a covered platform. 
(8) 
TECHNOLOGY
VERIFICATION
MEASURE 
DATA.—The term ‘‘technology verification measure 
data’’ means information that— 
(A) identifies, is linked to, or is reasonably 
linkable to an individual or a device that identi-
fies, is linked to, or is reasonably linkable to an 
individual; 
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(B) is collected or processed for the pur-
pose of fulfilling a request by an individual to 
access any content on a covered platform; and 
(C) is collected and processed solely for the 
purpose of utilizing a technology verification 
measure and meeting the obligations imposed 
under this Act. 
SEC. 4. TECHNOLOGY VERIFICATION MEASURES. 
(a) COVERED PLATFORM REQUIREMENTS.—Begin-
ning on the date that is 1 year after the date of enactment 
of this Act, a covered platform shall adopt and utilize tech-
nology verification measures on the platform to ensure 
that— 
(1) users of the covered platform are not mi-
nors; and 
(2) minors are prevented from accessing any 
content on the covered platform that is harmful to 
minors. 
(b) REQUIREMENTS FOR AGE VERIFICATION MEAS-
URES.—In order to comply with the requirement of sub-
section (a), the technology verification measures adopted 
and utilized by a covered platform shall do the following: 
(1) Use a technology verification measure in 
order to verify a user’s age. 
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(2) Provide that requiring a user to confirm 
that the user is not a minor shall not be sufficient 
to satisfy the requirement of subsection (a). 
(3) Make publicly available the verification 
process that the covered platform is employing to 
comply with the requirements under this Act. 
(4) Subject the Internet Protocol (IP) address-
es, including known virtual proxy network IP ad-
dresses, of all users of a covered platform to the 
technology verification measure described in para-
graph (1) unless the covered platform determines 
based on available technology that a user is not lo-
cated within the United States. 
(c) CHOICE OF VERIFICATION MEASURES.—A cov-
ered platform may choose the specific technology 
verification measures to employ for purposes of complying 
with subsection (a), provided that the technology 
verification measure employed by the covered platform 
meets the requirements of subsection (b) and prohibits a 
minor from accessing the platform or any information on 
the platform that is obscene, child pornography, or harm-
ful to minors. 
(d) USE OF THIRD PARTIES.—A covered platform 
may contract with a third party to employ technology 
verification measures for purposes of complying with sub-
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section (a) but the use of such a third party shall not re-
lieve the covered platform of its obligations under this Act 
or from liability under this Act. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require a covered platform to 
submit to the Commission any information that identifies, 
is linked to, or is reasonably linkable to a user of the cov-
ered platform or a device that identifies, is linked to, or 
is reasonably linkable to a user of the covered platform. 
(f) TECHNOLOGY VERIFICATION MEASURE DATA SE-
CURITY.—A covered platform shall— 
(1) establish, implement, and maintain reason-
able data security to— 
(A) protect the confidentiality, integrity, 
and accessibility of technology verification 
measure data collected by the covered platform 
or a third party employed by the covered plat-
form; and 
(B) protect such technology verification 
measure data against unauthorized access; and 
(2) retain the technology verification measure 
data for no longer than is reasonably necessary to 
utilize a technology verification measure or what is 
minimally necessary to demonstrate compliance with 
the obligations under this Act. 
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SEC. 5. CONSULTATION REQUIREMENTS. 
In enforcing the requirements under section 4, the 
Commission shall consult with the following individuals, 
including with respect to the applicable standards and 
metrics for making a determination on whether a user of 
a covered platform is not a minor: 
(1) Individuals with experience in computer 
science and software engineering. 
(2) Individuals with experience in— 
(A) advocating for online child safety; or 
(B) providing services to minors who have 
been victimized by online child exploitation. 
(3) Individuals with experience in consumer 
protection and online privacy. 
(4) 
Individuals 
who 
supply 
technology 
verification measure products or have expertise in 
technology verification measure solutions. 
(5) Individuals with experience in data security 
and cryptography. 
SEC. 6. COMMISSION REQUIREMENTS. 
(a) IN GENERAL.—The Commission shall— 
(1) conduct regular audits of covered platforms 
to ensure compliance with the requirements of sec-
tion 4; 
(2) make public the terms and processes for the 
audits conducted under paragraph (1), including the 
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processes for any third party conducting an audit on 
behalf of the Commission; 
(3) establish a process for each covered plat-
form to submit only such documents or other mate-
rials as are necessary for the Commission to ensure 
full compliance with the requirements of section 4 
when conducting audits under this section; and 
(4) prescribe the appropriate documents, mate-
rials, or other measures required to demonstrate full 
compliance with the requirements of section 4. 
(b) GUIDANCE.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Commis-
sion shall issue guidance to assist covered platforms 
in complying with the requirements of section 4. 
(2) LIMITATIONS ON GUIDANCE.—No guidance 
issued by the Commission with respect to this Act 
shall confer any rights on any person, State, or lo-
cality, nor shall operate to bind the Commission or 
any person to the approach recommended in such 
guidance. In any enforcement action brought pursu-
ant to this Act, the Commission shall allege a spe-
cific violation of a provision of this Act. The Com-
mission may not base an enforcement action on, or 
execute a consent order based on, practices that are 
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alleged to be inconsistent with any such guidelines, 
unless the practices allegedly violate a provision of 
this Act. 
SEC. 7. ENFORCEMENT. 
(a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—A 
violation of section 4 shall be treated as a violation of a 
rule defining an unfair or deceptive act or practice under 
section 18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)). 
(b) POWERS OF THE COMMISSION.— 
(1) IN GENERAL.—The Commission shall en-
force section 4 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 title. 
(2) PRIVILEGES AND IMMUNITIES.—Any person 
who violates section 4 shall be subject to the pen-
alties 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. 
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SEC. 8. GAO REPORT. 
Not later than 2 years after the date on which cov-
ered platforms are required to comply with the require-
ment of section 4(a), the Comptroller General of the 
United States shall submit to Congress a report that in-
cludes— 
(1) an analysis of the effectiveness of the tech-
nology verification measures required under such 
section; 
(2) an analysis of rates of compliance with such 
section among covered platforms; 
(3) an analysis of the data security measures 
used by covered platforms in the age verification 
process; 
(4) an analysis of the behavioral, economic, psy-
chological, and societal effects of implementing tech-
nology verification measures; 
(5) recommendations to the Commission on im-
proving enforcement of section 4(a), if any; and 
(6) recommendations to Congress on potential 
legislative improvements to this Act, if any. 
SEC. 9. SEVERABILITY CLAUSE. 
If any provision of this Act, or the application of such 
a provision to any person or circumstance, is held to be 
unconstitutional, the remaining provisions of this Act, and 
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the application of such provisions to any other person or 
circumstance, shall not be affected thereby. 
Æ 
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