Kids Online Safety Act
This bill requires covered online platforms, including social media platforms, to implement tools and safeguards to protect users and visitors under the age of 17. Covered platforms are online platforms, video games, messaging applications, or video streaming services used or likely to be used by individuals under the age of 17, with specified exceptions.
The bill generally requires covered platforms to exercise reasonable care in the design and use of features that increase minors’ online activity in order to prevent and mitigate harm to minors (e.g., mental health disorders and severe harassment).
Covered platforms are also required to provide certain safeguards to minors, such as protections for minors’ data; tools for parents of minors, such as access to minors’ privacy settings; and a mechanism for account holders and visitors to report harm to minors on the platform.
Covered platforms are prohibited from conducting market or product research on children under the age of 13, and may only conduct such research on those under the age of 17 with parental consent.
The bill provides for enforcement through the Federal Trade Commission and states.
The bill also requires online platforms to meet certain requirements before using algorithms that select, order, or prioritize information presented to users based on user-specific data not provided for that purpose. Specifically, such platforms must (1) provide users with notice of the use of such algorithms, and (2) permit users to switch to an algorithm that does not rely on such user-specific data.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1748 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1748
To protect the safety of children on the internet.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2025
Mrs. Blackburn (for herself, Mr. Blumenthal, Mr. Thune, and Mr.
Schumer) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
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,
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.
TITLE I--KIDS ONLINE SAFETY
Sec. 101. Definitions.
Sec. 102. Duty of care.
Sec. 103. Safeguards for minors.
Sec. 104. Disclosure.
Sec. 105. Transparency.
Sec. 106. Market research.
Sec. 107. Age verification study and report.
Sec. 108. Guidance.
Sec. 109. Enforcement.
Sec. 110. Kids online safety council.
Sec. 111. Effective date.
Sec. 112. Rules of construction and other matters.
TITLE II--FILTER BUBBLE TRANSPARENCY
Sec. 201. Definitions.
Sec. 202. Requirement to allow users to see unmanipulated content on
internet platforms.
TITLE III--RELATIONSHIP TO STATE LAWS; SEVERABILITY
Sec. 301. Relationship to State laws.
Sec. 302. Severability.
TITLE I--KIDS ONLINE SAFETY
SEC. 101. DEFINITIONS.
In this title:
(1) Child.--The term ``child'' means an individual who is
under the age of 13.
(2) Compulsive usage.--The term ``compulsive usage'' means
a persistent and repetitive use of a covered platform that
significantly impacts one or more major life activities of an
individual, including socializing, sleeping, eating, learning,
reading, concentrating, communicating, or working.
(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 or
video signals for real-time
communication, provided that--
(aa) the service is not an
online platform; and
(bb) the real-time
communication is initiated by
using a unique link or
identifier to facilitate
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--
(I) early childhood education
program or preschool that provides for
the care, development, and education of
infants, toddlers, or young children
who are not yet enrolled in
kindergarten;
(II) elementary school (as defined
in section 8101 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 7801)) or secondary school (as
so defined);
(III) school providing career and
technical education (as defined in
section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006 (20
U.S.C. 2302));
(IV) school providing adult
education and literacy activities (as
defined in section 203 of the Adult
Education and Family Literacy Act (29
U.S.C. 3272)); or
(V) institution of higher education
(as defined in section 101, and
subparagraphs (A) and (B) of section
102(a)(1), of the Higher Education Act
of 1965 (20 U.S.C. 1001, 1002(a)(1)));
(iv) a library (as defined in section 213
of the Library Services and Technology Act (20
U.S.C. 9122));
(v) a news or sports coverage 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 or sports coverage; 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,
such as a cloud storage, file sharing, or file
collaboration service;
(vii) a virtual private network or similar
service that exists predominantly to route
internet traffic between locations; or
(viii) a government entity with a .gov
internet domain (as described in section 2215
of the Homeland Security Act of 2002 (6 U.S.C.
665)).
(4) Design feature.--The term ``design feature'' means any
feature or component of a covered platform that will encourage
or increase the frequency, time spent, or activity of minors on
the covered platform. Design features include but are not
limited to--
(A) infinite scrolling or auto play;
(B) rewards or incentives based on the frequency,
time spent, or activity of minors on the covered
platform;
(C) notifications and push alerts;
(D) badges or other visual award symbols based on
the frequency, time spent, or activity of minors on the
covered platform;
(E) personalized design features;
(F) in-game purchases; or
(G) appearance altering filters.
(5) Geolocation.--The term ``geolocation'' has the meaning
given the term ``geolocation information'' in section 1302 of
the Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6501), as added by section 201(a).
(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) Microtransaction.--
(A) In general.--The term ``microtransaction''
means a purchase made in an online video game
(including a purchase made using a virtual currency
that is purchasable or redeemable using cash or credit
or that is included as part of a paid subscription
service).
(B) Inclusions.--Such term includes a purchase
involving surprise mechanics, new characters, or in-
game items.
(C) Exclusions.--Such term does not include--
(i) a purchase made in an online video game
using a virtual currency that is earned through
gameplay and is not otherwise purchasable or
redeemable using cash or credit or included as
part of a paid subscription service; or
(ii) a purchase of additional levels within
the game or an overall expansion of the game.
(8) Minor.--The term ``minor'' means an individual who is
under the age of 17.
(9) Narcotic drug.--The term ``narcotic drug'' has the
meaning given such term in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(10) Online platform.--
(A) In general.--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.
(B) Incidental chat functions.--A website, online
service, online application, or mobile application is
not an online platform solely on the basis that it
includes a chat, comment, or other interactive function
that is incidental to its predominant purpose.
(11) Online video game.--The term ``online video game''
means a video game, including an educational video game, that
connects to the internet and that allows a user to--
(A) create and upload content other than content
that is incidental to gameplay, such as character or
level designs created by the user, preselected phrases,
or short interactions with other users;
(B) engage in microtransactions within the game; or
(C) communicate with other users.
(12) Parent.--The term ``parent'' includes a legal
guardian.
(13) Personal data.--The term ``personal data'' has the
same meaning as the term ``personal information'' as defined in
section 1302 of the Children's Online Privacy Protection Act
(15 U.S.C. 6501).
(14) Personalized design feature.--The term ``personalized
design feature'' means a fully or partially automated system,
including a recommendation system, that is based on the
collection of personal data of users and that encourages or
increases the frequency, time spent, or activity of minors on
the covered platform.
(15) 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, hashtags, or posts, based on
the personal data of users. A recommendation system that
suggests, promotes, or ranks content based solely on the user's
language, city or town, or age shall not be considered a
personalized recommendation system.
(16) 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.
(17) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
(18) User.--The term ``user'' means, with respect to a
covered platform, an individual who registers an account or
creates a profile on the covered platform.
SEC. 102. DUTY OF CARE.
(a) Prevention of Harm to Minors.--A covered platform shall
exercise reasonable care in the creation and implementation of any
design feature to prevent and mitigate the following harms to minors
where a reasonable and prudent person would agree that such harms were
reasonably foreseeable by the covered platform and would agree that the
design feature is a contributing factor to such harms:
(1) Eating disorders, substance use disorders, and suicidal
behaviors.
(2) Depressive disorders and anxiety disorders when such
conditions have objectively verifiable and clinically
diagnosable symptoms and are related to compulsive usage.
(3) Patterns of use that indicate compulsive usage.
(4) Physical violence or online harassment activity that is
so severe, pervasive, or objectively offensive that it impacts
a major life activity of a minor.
(5) Sexual exploitation and abuse of minors.
(6) Distribution, sale, or use of narcotic drugs, tobacco
products, cannabis products, gambling, or alcohol.
(7) Financial harms caused by unfair or deceptive acts or
practices (as defined in section 5(a)(4) of the Federal Trade
Commission Act (15 U.S.C. 45(a)(4))).
(b) Rules of Construction.--
(1) Nothing in subsection (a) shall be construed to require
a covered platform to prevent or preclude any minor from--
(A) deliberately and independently searching for,
or specifically requesting, content; or
(B) accessing resources and information regarding
the prevention or mitigation of the harms described in
subsection (a).
(2) Nothing in this section shall be construed to allow a
government entity to enforce subsection (a) based upon the
viewpoint of users expressed by or through any speech,
expression, or information protected by the First Amendment to
the Constitution of the United States.
SEC. 103. SAFEGUARDS FOR MINORS.
(a) Safeguards for Minors.--
(1) Safeguards.--A covered platform shall provide a user or
visitor 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 users or visitors to
communicate with the minor;
(B) prevent other users or visitors, 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 by default design features that encourage
or increase the frequency, time spent, or activity of
minors on the covered platform, such as infinite
scrolling, auto playing, rewards for time spent on the
platform, notifications, and other design 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--
(i) a prominently displayed option to opt
out of such personalized recommendation
systems, while still allowing the display of
content based on a chronological format; and
(ii) a prominently displayed option to
limit types or categories of recommendations
from such systems; and
(E) restrict the sharing of the geolocation of the
minor and provide notice regarding the tracking of the
minor's geolocation.
(2) Option.--A covered platform shall provide a user that
the covered platform knows is a minor with a readily accessible
and easy-to-use option to 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 or visitor
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 or visitor, unless otherwise enabled
by the parent of the minor.
(b) Parental Tools.--
(1) Tools.--A covered platform shall provide readily
accessible and easy-to-use parental tools for parents to
support a user that the platform knows is a minor with respect
to the use of the platform by that user.
(2) Requirements.--The parental tools provided by a covered
platform under paragraph (1) 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 covered 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 a user when the 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 required under paragraph (1) shall be enabled by default.
(5) Application to existing accounts.--If, prior to the
effective date of this subsection, a covered platform provided
a parent of a user that the platform knows is a child with
notice and the ability to enable the parental tools described
under this subsection in a manner that would otherwise comply
with this subsection, and the parent opted out of enabling such
tools, the covered platform is not required to enable such
tools with respect to such user by default when this subsection
takes effect.
(c) Reporting Mechanism.--
(1) Reporting tools.--A covered platform shall provide--
(A) a readily accessible and easy-to-use means for
users and visitors to submit reports to the covered
platform of harms to a minor on the covered platform;
(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, within the applicable time period described in
paragraph (2), a substantive response to the individual
that submitted the 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, cannabis products,
tobacco products, gambling, or alcohol to an individual that the
covered platform knows is a minor.
(e) Rules of Application.--
(1) Accessibility.--With respect to safeguards and parental
tools 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 tools;
(B) readily accessible and easy-to-use controls to
enable or disable safeguards or parental tools, 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, embed, modify, or manipulate a
user interface of a covered platform with the purpose or
substantial effect of obscuring, subverting or impairing user
autonomy, decision-making, or choice with respect to safeguards
or parental tools required under this section.
(3) Timing considerations.--
(A) No interruption to gameplay.--Subsections
(a)(1)(C) and (b)(3) shall not require an online video
game to interrupt the natural sequence of gameplay,
such as progressing through game levels or finishing a
competition.
(B) Application of changes to offline devices or
accounts.--If a user's device or user account does not
have access to the internet at the time of a change to
parental tools, a covered platform shall apply changes
the next time the device or user is connected to the
internet.
(f) Device or Console Controls.--
(1) In general.--Nothing in this section shall be construed
to prohibit a covered platform from integrating its products or
service with, or duplicate controls or tools provided by,
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 parental
tools, provided that--
(A) the controls or tools meet such requirements;
and
(B) the minor or parent is provided sufficient
notice of the integration and use of the parental
tools.
(2) Preservation of protections.--In the event of a
conflict between the controls or tools of a third-party system,
including operating systems or gaming consoles, and a covered
platform, the covered platform is not required to override the
controls or tools of a third-party system if it would undermine
the protections for minors from the safeguards or parental
tools imposed under subsections (a) and (b).
(g) Exception.--A covered platform shall provide the safeguards and
parental tools described in subsections (a) and (b) to an educational
agency or institution (as defined in section 444 of the General
Education Provisions Act (20 U.S.C. 1232g(a)(3))), rather than to the
user or visitor, when the covered platform is acting on behalf of the
educational agency or institution subject to a written contract that
complies with the requirements of the Children's Online Privacy
Protection Act (15 U.S.C. 6501 et seq.) and the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. 1232g).
(h) Rules of Construction.--Nothing in this section shall be
construed to--
(1) prevent a covered platform from taking reasonable
measures to--
(A) block, detect, or prevent the distribution of
unlawful, obscene, or other harmful material to minors
as described in section 102(a); or
(B) block or filter spam, prevent criminal
activity, or protect the security of a platform or
service;
(2) require the disclosure of the browsing behavior, search
history, messages, contact list, or other content or metadata
of the communications of a minor;
(3) prevent a covered platform from using a personalized
recommendation system to display content to a minor if the
system only uses information on--
(A) the language spoken by the minor;
(B) the city the minor is located in; or
(C) the minor's age;
(4) prevent an online video game from disclosing a username
or other user identification for the purpose of competitive
gameplay or to allow for the reporting of users;
(5) prevent a covered platform from contracting or entering
into an agreement with a third-party entity, whose primary or
exclusive function is to provide the safeguards or parental
tools required under subsections (a) and (b) or to offer
similar or stronger protective capabilities for minors, to
assist with meeting the requirements imposed under subsections
(a) and (b); or
(6) prevent a parent or user from authorizing a third-party
entity described in subparagraph (5) to implement such
safeguards or parental tools or provide similar or stronger
protective capabilities for minors, at the choice of the parent
or user.
SEC. 104. 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 safeguards for minors;
(B) information about how to access the safeguards
and parental tools required under section 103; and
(C) notice about how to access the information on
personalized recommendation systems required under
subsection (b).
(2) Notification.--
(A) Notice and acknowledgment.--In the case of an
individual that a covered platform knows is a child,
the platform shall provide information about the
parental tools and safeguards required under section
103 to a parent of the child and obtain verifiable
consent (as defined in section 1302 of the Children's
Online Privacy Protection Act of 1998 (15 U.S.C.
6501)).
(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 of 1998 (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 consent as required.
(3) Consolidated notices.--For purposes of this title, a
covered platform may consolidate the process for providing
information under this subsection and obtaining verifiable
consent or the consent of the minor involved (as applicable) as
required under this subsection with the obligations of the
covered platform to provide relevant notice and obtain
verifiable consent under the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6501 et seq.).
(4) Guidance.--The Federal Trade Commission may issue
guidance to assist covered platforms in complying with the
specific notice requirements of this subsection.
(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 each personalized recommendation
system is used by the covered platform to provide information
to 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 shall
provide clear, conspicuous, and easy-to-understand labels and
information, which can be provided through a link to another
web page or disclosure, to minors on advertisements regarding--
(A) the name of the product, service, or brand and
the subject matter of an advertisement; and
(B) 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, which may
include a link to a web page, regarding--
(1) the policies and practices of the covered platform with
respect to safeguards for minors; and
(2) how to access the safeguards and parental tools
required under section 103.
(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. 105. TRANSPARENCY.
(a) In General.--Subject to subsection (b), not less frequently
than once a year, a covered platform shall issue a public report that
addresses the matters in subsection (c) based on an independent, third-
party audit of the covered platform with a reasonable level of
assurance.
(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 being used by minors;
(C) an accounting, based on the data held by the
covered platform, of--
(i) the number of users using the covered
platform that the platform knows to be minors
in the United States;
(ii) the median and mean amounts of time
spent on the platform by users known to be
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 users that the platform knows to be minors
in the United States that is in English, and
the top 5 non-English languages used by users
accessing the platform in the United States;
(D) an accounting of total reports received through
the reporting mechanism described in section 103,
disaggregated by language, including English and the
top 5 non-English languages used by users accessing the
platform from the United States (as identified under
subparagraph (C)(iii)); and
(E) an assessment of the safeguards and parental
tools under section 103, representations regarding the
use of the personal data of minors, and other matters
regarding compliance with this title.
(2) Evaluation.--The public reports required under this
section shall include--
(A) an assessment based on aggregate data on the
exercise of safeguards and parental tools described in
section 103, and other competent and reliable empirical
evidence;
(B) a description of whether and how the covered
platform uses design features that increase, sustain,
or extend the use of a product or service by a minor;
(C) a description of whether, how, and for what
purpose the platform collects or processes categories
of personal data, including how personal data is used
to operate personalized recommendation systems related
to minors;
(D) an evaluation of the efficacy of safeguards for
minors and parental tools under section 103, and any
issues in delivering such safeguards and parental
tools; and
(E) an assessment of differences, with respect to
the matters described in subparagraphs (A) through (D),
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 users 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 the prevention and mitigation
measures a covered platform may take, if any, in
response to the assessments conducted under paragraph
(2), including steps take to provide the most
protective level of control over safety by default;
(C) a description of the processes used for the
creation and implementation of any design feature that
will be used by minors;
(D) a description and assessment of handling
reports under the requirement of section 103(c),
including the rate of response, timeliness, and
substantiveness of responses; and
(E) the status of implementing prevention and
mitigation measures identified in prior assessments.
(d) Reasonable Inspection.--In conducting an inspection of the
reasonably foreseeable risk 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
103(c) and information provided by law enforcement;
(4) take account of research, including research regarding
design features, marketing, or product integrity, industry best
practices, or outside research;
(5) take into consideration indicia or inferences of age of
users, in addition to any self-declared information about the
age of users; 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 not reasonably linkable to any 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. 106. MARKET RESEARCH.
(a) Prohibition of Research on Children.--A covered platform shall
not, in the case of a user or visitor that the covered platform knows
is a child, conduct market or product-focused research on such child.
(b) Market Research on Minors.--A covered platform may not, in the
case of a user or visitor that the online platform knows is a minor,
conduct market or product-focused research on such minor, unless the
covered platform obtains verifiable parental consent (as defined in
section 1302 of the Children's Online Privacy Protection Act of 1998
(15 U.S.C. 6501)) prior to conducting such research on such minor.
SEC. 107. AGE VERIFICATION STUDY AND REPORT.
(a) Study.--The Secretary of Commerce, in coordination with the
Federal Communications Commission and the Federal Trade Commission,
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. 108. GUIDANCE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Federal Trade Commission 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 design features that encourage or
increase the frequency, time spent, or activity of
minors on the covered platform;
(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 set forth in this title; and
(F) providing additional parental tool options that
allow parents to address the harms described in section
102(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 tools;
(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 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 how the Commission would
determine whether a covered platform ``had knowledge fairly implied on
the basis of objective circumstances'' for purposes of this title.
(c) Limitation on Federal Trade Commission Guidance.--
(1) Effect of guidance.--No guidance issued by the Federal
Trade Commission with respect to this title shall--
(A) confer any rights on any person, State, or
locality; or
(B) operate to bind the Federal Trade Commission or
any court, person, State, or locality to the approach
recommended in such guidance.
(2) Use in enforcement actions.--In any enforcement action
brought pursuant to this title, the Federal Trade Commission or
a State attorney general, as applicable--
(A) shall allege a violation of a provision of this
title; 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 title,
unless the practices are alleged to violate a provision
of this title.
For purposes of enforcing this title, State attorneys general
shall take into account any guidance issued by the Commission
under subsection (b).
SEC. 109. ENFORCEMENT.
(a) Enforcement by Federal Trade Commission.--
(1) Unfair and deceptive acts or practices.--A violation of
this title 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 title 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.
(B) Privileges and immunities.--Any person that
violates this title 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 title 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
a covered platform has violated or is violating section
103, 104, or 105, 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 any practice that violates
section 103, 104, or 105;
(ii) enforce compliance with section 103,
104, or 105;
(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 remove the action to the appropriate
United States district court;
(ii) to be heard with respect to any matter
that arises in that action; and
(iii) to file a petition for appeal.
(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this title 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 title, 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.
(6) Limitation.--A violation of section 102 shall not form
the basis of liability in any action brought by the attorney
general of a State under a State law.
SEC. 110. KIDS ONLINE SAFETY COUNCIL.
(a) Establishment.--There is established a Kids Online Safety
Council (in this section referred to as the ``Council'').
(b) Duties.--The duties of the Council shall be to provide reports
to Congress with recommendations and advice on matters related to the
safety of minors online. The matters to be addressed by the 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 title, including methods, criteria, and
scope to promote overall accountability.
(c) Number and Appointment of Members.--The Council shall be
comprised of 11 members, of whom--
(1) 3 members shall be appointed by the President,
including--
(A) the Secretary of Commerce or a designee of the
Secretary; and
(B) the Secretary of Health and Human Services or a
designee of the Secretary;
(2) 2 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the Minority Leader of
the House of Representatives;
(4) 2 members shall be appointed by the Majority Leader of
the Senate; and
(5) 2 members shall be appointed by the Minority Leader of
the Senate.
(d) Timing of Appointments.--Each of the appointments under
subsection (c) shall be made not later than 180 days after the date of
the enactment of this Act.
(e) Terms; Vacancies.--Each member of the Council shall be
appointed for the life of the Council, and a vacancy in the Council
shall be filled in the manner in which the original appointment was
made.
(f) Chairperson; Vice Chairperson.--The Council, once it has been
fully appointed, shall select its own Chair and Vice Chair.
(g) Participation.--The Council shall consist of 1 member from each
of the following:
(1) academic experts with specific expertise in the
prevention of online harms to minors;
(2) researchers with specific expertise in social media
studies;
(3) parents with demonstrated experience in child online
safety;
(4) youth representatives with demonstrated experience in
child online safety;
(5) educators with demonstrated experience in child online
safety;
(6) representatives of online platforms;
(7) representatives of online video games;
(8) State attorneys general or their designees acting in
State or local government; and
(9) representatives of communities of socially
disadvantaged individuals (as defined in section 8 of the Small
Business Act (15 U.S.C. 637)).
(h) Reports.--
(1) Interim report.--Not later than 1 year after the date
of the initial meeting of the Council, the Council shall submit
to Congress an interim report that includes a detailed summary
of the work of the Council and any preliminary findings of the
Council.
(2) Final report.--Not later than 3 years after the date of
the initial meeting of the Council, the Council shall submit to
Congress a final report that includes--
(A) a detailed statement of the findings and
conclusions of the Council;
(B) dissenting opinions of any member of the
Council who does not support the findings and
conclusions referred to in subparagraph (A); and
(C) any recommendations for legislative and
administrative actions to address online safety for
children and prevent harms to minors.
(i) Termination.--The Council shall terminate not later than 30
days after the submission of the final report required under subsection
(h)(2).
(j) Non-Applicability of FACA.--The Kids Online Safety Council
shall not be subject to chapter 10 of title 5, United States Code
(commonly referred to as the ``Federal Advisory Committee Act'').
SEC. 111. EFFECTIVE DATE.
Except as otherwise provided in this title, this title shall take
effect on the date that is 18 months after the date of enactment of
this Act.
SEC. 112. RULES OF CONSTRUCTION AND OTHER MATTERS.
(a) Relationship to Other Laws.--Nothing in this title 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;
(3) authorize any action that would conflict with section
18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h));
or
(4) expand, limit the scope, or alter the meaning of
section 230 of the Communications Act of 1934 (commonly known
as ``section 230 of the Communications Decency Act of 1996'')
(47 U.S.C. 230).
(b) Determination of ``Fairly Implied on the Basis of Objective
Circumstances''.--For purposes of enforcing this title, in making a
determination as to whether covered platform has knowledge fairly
implied on the basis of objective circumstances that a specific user is
a minor, the Federal Trade Commission or a State attorney general shall
rely on competent and reliable evidence, taking into account the
totality of the circumstances, including whether a reasonable and
prudent person under the circumstances would have known that the user
is a minor.
(c) Protections for Privacy.--Nothing in this title, including a
determination described in subsection (b), 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 title 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 lawful civil, criminal, or regulatory
inquiry, subpoena, or summons by Federal, State, local, or
other government authorities;
(3) investigate, establish, exercise, respond to, or defend
against legal claims;
(4) prevent, detect, protect against, or respond to any
security incident, identity theft, fraud, harassment, malicious
or deceptive activity, or any illegal activities; or
(5) investigate or report those responsible for any action
described in paragraph (4).
(e) Application to Video Streaming Services.--A video streaming
service shall be deemed to be in compliance with this title 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; and
(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) for a parent to manage a minor's privacy and
account settings, and restrict purchases and financial
transactions by a minor, where applicable;
(D) to provide an electronic point of contact
specific to matters described in this paragraph;
(E) to offer a clear, conspicuous, and easy-to-
understand notice of its policies and practices with
respect to the capabilities described in this
paragraph; and
(F) when providing on-demand content, to employ
measures that safeguard against serving advertising for
narcotic drugs, cannabis products, tobacco products,
gambling, or alcohol directly to the account or profile
of an individual that the service knows is a minor.
TITLE II--FILTER BUBBLE TRANSPARENCY
SEC. 201. DEFINITIONS.
In this title:
(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
an online 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) 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 an online platform,
unless the user-specific data is expressly provided to
the platform by the user for such purpose.
(B) Data expressly provided to the 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 an online platform--
(i) includes 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, the resumption of a previous
search, and the current precise geolocation
information that is supplied by the user;
(ii) includes the user's current
approximate geolocation information;
(iii) includes data submitted 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) does not include the history of the
connected device of the user, including the
history of web searches and browsing, previous
geographical locations, physical activity,
device interaction, and financial transactions
of the user; and
(v) does not include inferences about the
user or the connected device of the user,
without regard to whether such inferences are
based on data described in clause (i) or (iii).
(6) Online platform.--
(A) In general.--Subject to subparagraph (B), 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.
(B) Scope.--
(i) Incidental chat functions.--A website,
online service, online application, or mobile
application is not an online platform solely on
the basis that it includes a chat, comment, or
other interactive function that is incidental
to its predominant purpose.
(ii) Review sites.--A website, online
service, online application, or mobile
application that has the predominant purpose of
providing travel reviews is not an online
platform.
(7) Opaque algorithm.--The term ``opaque algorithm''--
(A) means an algorithmic ranking system that
determines the selection, order, relative
prioritization, or relative prominence of information
that is furnished to such user on an online platform
based, in whole or part, on user-specific data that was
not expressly provided by the user to the platform for
such purpose; and
(B) does not include an algorithmic ranking system
used by an online 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 the access of a user 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 the location of an individual to within a range of 5
miles or less.
(9) 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.
SEC. 202. REQUIREMENT TO ALLOW USERS TO SEE UNMANIPULATED CONTENT ON
INTERNET PLATFORMS.
(a) In General.--Beginning on the date that is 1 year after the
date of enactment of this Act, it shall be unlawful for any person to
operate an online platform that uses an opaque algorithm unless the
person complies with the requirements of subsection (b).
(b) Opaque Algorithm Requirements.--
(1) In general.--The requirements of this subsection with
respect to a person that operates an online platform that uses
an opaque algorithm are the following:
(A) The person provides users of the platform with
the following notices:
(i) Notice 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 and 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.
(ii) Notice, to be included in the terms
and conditions of the online platform, in a
clear, accessible, and easily comprehensible
manner that is to be updated whenever the
online platform makes a material change, of--
(I) the most salient features,
inputs, and parameters used by the
algorithm;
(II) 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;
(III) any options that the online
platform makes available for a user of
the platform to opt out or exercise
options under subparagraph (B), modify
the profile of the user or to influence
the features, inputs, or parameters
used by the algorithm; and
(IV) 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.
(B) The online platform enables users to easily
switch between the opaque algorithm and an input-
transparent algorithm in their use of the platform.
(2) Rule of construction.--Nothing in this subsection shall
be construed to require an online platform to disclose any
information, including data or algorithms--
(A) relating to a trade secret or other protected
intellectual property;
(B) that is confidential business information; or
(C) that is privileged.
(3) Prohibition on differential pricing.--An online
platform shall not deny, charge different prices or rates for,
or condition the provision of a service or product to a user
based on the user's election to use an input-transparent
algorithm in their use of the platform, as provided under
paragraph (1)(B).
(4) Special rule.--Notwithstanding paragraphs (1) and (2),
an online platform shall provide the notice and opt-out
described in paragraphs (1) and (2) to the educational agency
or institution (as defined in section 444(a)(3) of the General
Education Provisions Act (20 U.S.C. 1232g(a)(3)), rather than
to the user, when the online platform is acting on behalf of an
educational agency or institution (as so defined), subject to a
written contract that complies with the requirements of the
Children's Online Privacy Protection Act of 1998 (15 U.S.C.
1232g(a)(3)) and 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'').
(c) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this section by an operator of an online 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.--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.--Any person who
violates this section 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) Authority preserved.--Nothing in this section
shall be construed to limit the authority of the
Commission under any other provision of law.
(d) Rule of Construction To Preserve Personalized Blocks.--Nothing
in this section shall be construed to limit or prohibit an online
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.
TITLE III--RELATIONSHIP TO STATE LAWS; SEVERABILITY
SEC. 301. RELATIONSHIP TO STATE LAWS.
The provisions of this Act shall preempt any State law, rule, or
regulation only to the extent that such State law, rule, or regulation
conflicts with a provision of this Act. Nothing in this Act shall be
construed to prohibit a State from enacting a law, rule, or regulation
that provides greater protection to minors than the protection provided
by the provisions of this Act.
SEC. 302. 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S2929-2930)
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