119-s1748

[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.
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