Sec. 101. Age assurance. 
Sec. 102. Application distributor and developer obligations. 
TITLE II—LIABILITY AND ENFORCEMENT 
Sec. 201. Limitations on liability. 
Sec. 202. Enforcement. 
Sec. 203. Preemption. 
Sec. 204. Severability. 
Sec. 205. Effective date. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADULT.—The term ‘‘Adult’’ means an ac-
count holder who is or is estimated to be 18 years 
of age or older. 
(2) AGE
CATEGORY.—The term ‘‘Age Cat-
egory’’ means categorization of an individual based 
on age or estimated age, including a description of 
the user as a Minor, Adult, or being within a given 
age range. 
(3) AGE
SIGNAL.—The term ‘‘Age Signal’’ 
means a signal that indicates an account holder’s 
Age Category, which the account holder or the ac-
count holder’s parent has agreed to share. 
(4) APPLICATION.—The term ‘‘Application’’ 
means a software program that is— 
(A) designed to be run on a Connected De-
vice, and to perform, or to help the user per-
form a specific task on the Connected Device; 
and 
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(B) distributed through an Application 
Distribution Provider. 
The term does not include websites or internet 
Browser extensions, or software with a primary pur-
pose of extending the functionality of an internet 
Browser. 
(5) APPLICATION
DISTRIBUTOR.—The term 
‘‘Application Distributor’’ means a software applica-
tion that distributes Applications from Developers to 
users of a Connected Device. The term does not in-
clude internet Browsers. 
(6) APPLICATION
DISTRIBUTION
PROVIDER.— 
The term ‘‘Application Distribution Provider’’ means 
an entity, company, or organization that owns, oper-
ates, or controls an Application Distributor. 
(7) CONNECTED
DEVICE.—The term ‘‘Con-
nected Device’’ means a smartphone, tablet, gaming 
console, or virtual reality device that enables users 
to connect to the internet and download software ap-
plications. 
(8) COVERED APPLICATION.—The term ‘‘Cov-
ered Application’’ means an Application that is not 
an Application Distributor and that a Developer pro-
vides, whether legally required or not, a different ex-
perience for Adults than for Minors or an experience 
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that is intended only for Adults. This includes, but 
is not limited to, Developers that provide different 
account types, content, or features or engage in dif-
ferent advertising or data practices depending on a 
user’s age. The term does not include internet 
Browsers or Online Search Engines. 
(9) 
DEVELOPER.—The 
term 
‘‘Developer’’ 
means any person, entity, company, or organization 
that creates, owns, or controls an Application. 
(10) MINOR.—The term ‘‘Minor’’ means an ac-
count holder who is or is estimated to be under the 
age of 18. 
(11) COVERED WEBSITE.—The term ‘‘Covered 
Website’’ means a website that provides a URL-ac-
cessible or web version of a Covered Application. 
The term does not include internet Browsers or On-
line Search Engines. 
(12) PERSONALIZED ADVERTISING.—‘‘Personal-
ized Advertising’’ means displaying advertisements 
to an account holder where the advertisement is se-
lected based on personal data obtained from that ac-
count holder’s activities over time and across non-af-
filiated websites or online applications to predict 
such account holder’s preferences or interests. 
‘‘Personalized Advertising’’ does not include: 
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(1) Advertising based on an account holder’s 
activities within a Developer’s own Application or 
Applications; 
(2) Advertising based on the context of an ac-
count holder’s current interaction with an Applica-
tion; 
(3) Advertising directed to an account holder in 
response to the account holder’s direct request for 
information or feedback; or 
(4) The processing of personal data solely for 
measuring or reporting advertising performance, 
reach, or frequency. 
TITLE 
I—APPLICATION 
DIS-
TRIBUTOR AND DEVELOPER 
RESPONSIBILITIES 
SEC. 101. AGE ASSURANCE. 
(a) RESPONSIBILITIES OF APPLICATION DISTRIBU-
TION
PROVIDERS.—An Application Distribution Pro-
vider— 
(1) shall ask account holders to declare their 
age when creating an account with the Application 
Distribution Provider; 
(2) may use commercially reasonable efforts to 
obtain the Age Category of an account holder with 
a reasonable level of certainty; 
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(3) may provide account holders with a mecha-
nism to obtain their Age Category and the ability to 
request an update if they believe their Age Category 
is incorrect; and 
(4) shall provide Developers of Covered Applica-
tions the technical ability to call an Age Signal 
where the account holder or the account holder’s 
parent has agreed to such sharing. 
(b) RULE OF CONSTRUCTION.— 
(1) Nothing in this section shall be construed to 
preclude an Application Distribution Provider from 
using multiple commercially reasonable methods to 
obtain, estimate, or provide the Age Category of an 
account holder. 
(2) Nothing in this section shall be construed to 
restrict an Application Distribution Provider’s ability 
to satisfy this section by obtaining a Minor account 
holder’s age from the Minor’s parent. 
SEC. 102. APPLICATION DISTRIBUTOR AND DEVELOPER OB-
LIGATIONS. 
(a) APPLICATION DISTRIBUTION PROVIDERS.—An 
Application Distribution Provider— 
(1) shall provide the account holder’s parent 
with the ability to prevent account holders who are 
not Adults from acquiring or using the Developer’s 
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Covered Application from the Application Dis-
tributor; 
(2) shall provide the Developer of a Covered 
Application with the ability to prevent account hold-
ers who are not Adults from acquiring or using the 
Developer’s Covered Application from the Applica-
tion Distributor. 
(A) Nothing in this section shall prevent 
Application Distribution Providers from cre-
ating a user interface or centralized page for 
account holder’s parents to block categories by 
age rating of Covered Applications based on the 
content and features of the Covered Applica-
tion. 
(2) shall provide the capability to Developers to 
provide information regarding their relevant parental 
controls for a Covered Application through a central-
ized product page or user interface, hosted by the 
Application Distribution Provider, that provides rel-
evant information about a Covered Application; 
(3) shall comply with the obligations set out in 
subsection (b) for its own Covered Applications for 
which the Application Distribution Provider is also 
the Developer; and 
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(4) shall not use data collected from third-party 
Covered Applications in the course of compliance 
with this section to give the Application Distribution 
Provider preference relative to those of third parties, 
or to otherwise use such data in an anticompetitive 
manner. 
(b) DEVELOPERS OF COVERED APPLICATIONS.—A 
Developer of a Covered Application— 
(1) shall report to the Application Distribution 
Provider whether their Applications provide a dif-
ferent experience for Adults than for users who are 
not Adults or is intended only for Adults; 
(2) shall provide information regarding privacy 
and online safety settings to help parents support 
Minors using their Covered Applications, unless 
their Application is intended only for Adults and 
blocks Minors; 
(3) shall use commercially reasonable efforts to 
determine whether a user is an Adult or a Minor 
with a reasonable level of certainty; 
(A) For the purposes of this section, an 
Age Signal provided by an Application Distribu-
tion Provider shall be considered a commercially 
reasonable effort, unless a Developer’s Applica-
tion is intended only for Adults and blocks Mi-
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nors and is required by law to restrict access to 
Adults, in which case— 
(i) an Age Signal provided by an Ap-
plication Distribution Provider indicating a 
user is a Minor shall be sufficient basis to 
block access; and 
(ii) an Age Signal provided by an Ap-
plication Distribution Provider indicating a 
user is an Adult shall not, by itself, satisfy 
the requirement to determine whether a 
user is an Adult with a reasonable level of 
certainty, including for purposes of other 
laws that require access restrictions based 
on age. 
(4) shall make a reasonable effort to ensure 
that users who are Minors cannot engage in any ac-
tivity that has been restricted by the developer for 
Adults only; 
(5) shall obtain consent prior to permitting 
Minor account holders from accessing a Covered Ap-
plication or portion thereof that the Developer has 
designated as unsuitable for use by Minors without 
parental guidance or supervision, or from accessing 
content that is age-gated by law; 
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(6) shall not deliver personalized advertising to 
Minors; and 
(7) if the Developer determines that it is a Cov-
ered Application, and chooses to call an Age Signal 
facilitated by an Application Distribution Provider to 
satisfy the requirements of this section, the Devel-
oper— 
(A) shall request the minimum amount of 
information needed for purposes of compliance 
with this Act; 
(B) may not willfully disregard any infor-
mation regarding an individual’s age or Age 
Category that is otherwise available to the De-
veloper; 
(C) may not share the information ob-
tained from the Age Signal with third parties, 
except for a service provider, but only if nec-
essary for such service provider to implement 
safety measures or privacy protections for mi-
nors or otherwise required to do so by law; and 
(D) may not use the Age Signal for any 
purpose beyond that intended by this Act, in-
cluding but not limited to using the Age Signal 
to back into or attempt to back into a user’s 
date of birth. 
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(8) if the Developer uses a method other than 
an Age Signal provided by an Application Distribu-
tion Provider to satisfy the requirements of this sec-
tion, the Developer— 
(A) shall request the minimum amount of 
information needed for purposes of compliance 
with this Act; 
(B) may not willfully disregard any infor-
mation regarding an individual’s age or Age 
Category that is available to the Developer; 
(C) may not share the information ob-
tained in the course of complying with this sec-
tion with third parties, except for a service pro-
vider, but only if necessary for such service pro-
vider to implement safety measures or privacy 
protections for minors or otherwise required to 
do so by law; and 
(D) may not use age data for any purpose 
beyond that intended by this Act, including but 
not limited to using age data to back into or at-
tempt to back into a user’s date of birth. 
(c) RULE OF CONSTRUCTION.—If the Developer and 
an Application Distribution Provider are controlled by the 
same entity, the Developer may rely on age determinations 
made by that entity. 
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(d) RULE OF CONSTRUCTION.—Developers of Cov-
ered websites shall have the same requirements as Devel-
opers of Covered Applications in this Act and may carry 
over to Covered websites an Age Signal received from an 
Application Distribution Provider to fulfill such require-
ments. 
TITLE II—LIABILITY AND 
ENFORCEMENT 
SEC. 201. LIMITATIONS ON LIABILITY. 
(a) APPLICATION DISTRIBUTION PROVIDERS
AND 
OPERATING SYSTEM PROVIDERS.—An Application Dis-
tribution Provider or Operating System Provider that 
makes a good faith effort to comply with the obligations 
of this Act, taking into consideration available technology, 
shall not be liable under any provision of this Act, or oth-
erwise liable for its actions taken in attempt to comply 
with this Act, including but not limited to the following 
with regard to facilitation of the provision of an Age Sig-
nal: 
(1) Any erroneous Age Signal. 
(2) Any conduct by a Developer of a Covered 
Application that receives any Age Signal. 
(3) Failing to provide an Age Signal due to any 
reasonable technical limitations or outages that pre-
vent the provision of the Age Signal upon request. 
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(4) Not providing the Age Signal to Developers 
that do not adhere to reasonable safety standards 
and Application Distributor policies. 
(b) DEVELOPERS.—A Developer of a Covered Appli-
cation— 
(1) as between the Developer of a Covered Ap-
plication and the Application Distribution Provider, 
is solely liable for correctly identifying whether their 
Applications are Covered Applications under this 
Act. No Application Distributor is required to 
proactively identify Covered Applications, and an 
Application Distributor will not be held liable in 
cases where a Developer provides inaccurate infor-
mation about its Applications; and 
(2) shall not be liable for an erroneous Age Sig-
nal provided by an Application Distribution Pro-
vider, if the Developer makes a reasonable effort, 
taking into consideration available technology, to 
properly use the Age Signal and carry out commer-
cially reasonable methods to obtain or estimate the 
age of an account holder. 
SEC. 202. ENFORCEMENT. 
(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A violation of this Act or a regulation promulgated there-
under shall be treated as a violation of a rule defining 
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