HR 7757
KIDS Act
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Bill overview
The KIDS Act aims to protect children and teens online by establishing safeguards for online platforms. It requires platforms to limit access to sexual material, provide parental controls on social media and video game platforms, and require AI chatbots to disclose they are not human. The bill also mandates studies on social media's impact on minors and establishes enforcement mechanisms through the FTC and state attorneys general. It includes provisions for safer messaging features and safeguards for online video game platforms.
Key provisions
- Requires online platforms with more than one-third sexual material to identify and prevent minors from accessing it.
- Mandates parental controls on social media and video game platforms, including limiting compulsive usage features.
- Requires AI chatbots to disclose they are AI and provide suicide/crisis hotline information to minors.
- Requires online video game platforms to provide tools for parents to limit communication and purchases by minors.
- Establishes reporting mechanisms for harmful content and requires platforms to respond.
- Requires studies and reports on the effects of social media on minors.
- Creates a framework for addressing harms to minors on online platforms, including threats of violence and sexual exploitation.
- Prohibits ephemeral messaging features for minors on social media platforms.
Who is affected
- Children and Teens
- Online Platforms (Social Media, Video Games, etc.)
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsor
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119th CONGRESS — 2d Session
H. R. 7757
IN THE HOUSE OF REPRESENTATIVES
A BILL
To protect children and teens online, empower parents and strengthen families, and for other purposes.
or theKids Internet and Digital Safety Act
.KIDS Act
In this Act:
The term artificial intelligence has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
The term chatbot means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.
The term Commission means the Federal Trade Commission.
The term design feature—
includes—
infinite scrolling or auto play;
rewards or incentives based on frequency of use or time spent;
notifications and push alerts;
badges or other visual award symbols based on frequency of use or time spent;
appearance altering filters; and
personalized recommendation systems.
The term know or knows means to have actual knowledge or to have acted in willful disregard.
The term minor means an individual under the age of 17 years.
a natural parent;
an adoptive parent;
a legal guardian; and
an individual with legal custody over the minor.
means a fully automated system used to suggest, promote, or rank content, including other users, hashtags, and posts, based on the personal information of a user; and
does not include a fully automated system that suggests, promotes, or ranks content based solely on the language, city or town, or age of a user.
taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion;
depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and
taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors; or
is child pornography.
This title may be cited as the Shielding Children’s Retinas from Egregious Exposure on the Net Act SCREEN Act
or the
.
In this title:
The terms child pornography and minor have the meanings given those terms in section 2256 of title 18, United States Code.
The term covered platform means a website or other online platform—
that is accessible by the public;
with respect to which more than one-third of the material made available thereon is sexual material harmful to minors; and
with respect to which the provider of such platform knowingly makes available the sexual material harmful to minors described in subparagraph (B).
The terms sexual act and sexual contact have the meanings given those terms in section 2246 of title 18, United States Code.
is collected or processed for the purpose of utilizing or providing a technology verification measure pursuant to this title.
adopt and utilize commercially available technology verification measures, reasonably designed to ensure accuracy, with respect to the covered platform of such provider to identify minors; and
prevent minors from accessing any sexual material harmful to minors on the covered platform.
Use a technology verification measure in order to verify the age of a user.
Provide that a user confirming that the user is not a minor is not sufficient to verify age.
Take reasonable measures to address circumvention of technology verification measures.
Not transfer, disclose, or retain any technology verification measure data beyond what is strictly necessary to use a technology verification measure pursuant to this title.
A provider of a covered platform may contract with a third party to use technology verification measures for purposes of complying with subsection (a).
A provider of a covered platform who contracts with a third party as described in paragraph (1) is not relieved from any obligation or liability under this title.
In carrying out this title, the Commission shall consult with the following individuals, including with respect to the applicable standards and metrics for making a determination on whether a user of a covered platform is or is not a minor:
Individuals with experience in computer science and software engineering.
Individuals with experience in—
advocating for online child safety; or
providing services to minors who have been victimized by online child exploitation.
Individuals with experience in consumer protection and online privacy.
Individuals who supply technology verification measure products or have expertise in technology verification measures.
Individuals with experience in data security and cryptography.
Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes the following:
An analysis of the effectiveness of the technology verification measures required under section 103.
An analysis of the rate of compliance with such section by providers of covered platforms and third parties contracted by such providers with respect to such covered platforms.
An analysis of the data privacy and security measures used by covered platforms with respect to age verification processes.
An analysis of the expression, speech, behavioral, economic, psychological, and societal effects of requiring technology verification measures under section 103.
No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision requires a provider of a covered platform to use technology verification measures to prevent minors from accessing any sexual material harmful to minors on a covered platform of such provider.
Nothing in subsection (a) may be construed to preempt the applicability of any of the following:
Any law of a State with respect to trespass, contract, tort, or product liability.
Any statutory law that creates a remedy or penalty for criminal conduct.
In this title, the term covered platform means a platform that is a website, software, application, or electronic service connected to the internet that meets the following requirements:
Is publicly available for use by consumers.
Enables the creation of a username or user identifier—
that is searchable on the platform by other users through a function made available by the platform; and
that can be followed by or is similarly accessible to other users of the platform.
As the primary purpose of the platform, facilitates the sharing and access to user-generated content through text, images, video, audio, or any other interactive medium.
Uses a design feature to promote user engagement on the platform.
Uses the personal information of the user to advertise, market, or make content recommendations.
This subtitle may be cited as the Kids Online Safety Act
.
In this subtitle:
The term child means an individual who is under the age of 13.
The term compulsive usage means a persistent and repetitive use of a covered platform that substantially limits one or more major life activities of an individual (as described in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
processes personal information on behalf of a covered platform; and
does not determine the purpose and means of processing such personal information
The term sexual exploitation and abuse means any of the following:
Any offense, including coercion and enticement, described in section 2422 of title 18, United States Code.
Child pornography (as defined in section 2256 of title 18, United States Code).
Trafficking for the production of images (as described in section 2251 of title 18, United States Code).
Any offense described in section 1591 of title 18, United States Code.
The term user, with respect to a covered platform, means an individual who registers an account or creates a profile on the covered platform.
A provider of a covered platform shall establish, implement, maintain, and enforce reasonable policies, practices, and procedures that address the following harms to minors:
Sexual exploitation and abuse.
Distribution, sale, or use of narcotic drugs, tobacco products, cannabis products, gambling, or alcohol.
Any financial harm caused by deceptive practices.
The policies, practices, and procedures required by subsection (a) shall be appropriate to each of the following:
The size and complexity of the covered platform.
The technical feasibility of addressing the harms described in subsection (a).
deliberately and independently searching for, or specifically requesting, content; or
accessing resources and information regarding the prevention or mitigation of the harms described in subsection (a); or
A provider of a covered platform shall provide a user of or visitor to the covered platform who the provider knows is a minor with readily accessible and easy-to-use safeguards to do each of the following, as applicable:
Limit the ability of other users or visitors to communicate with such user or visitor.
a prominently displayed option to opt out of any such personalized recommendation system, and
a prominently displayed option to limit types or categories of recommendations from any such personalized recommendation system.
A provider of a covered platform shall ensure that, in the case of a user of or visitor to the covered platform who the provider knows is a minor, the default setting of any safeguard described in paragraph (1) is the option available on the covered platform that provides the most protective level of control with respect to privacy and safety for such user or visitor.
The parental tools described in paragraph (1) shall allow a parent of a user of the covered platform who the provider knows is a minor to do any of the following:
Manage the privacy and account settings of such user, including by using any safeguard established under subsection (a)(1), in a manner that allows the parent to—
view the privacy and account settings; and
change and control the privacy and account settings.
The ability to restrict purchases and financial transactions by such user, if applicable.
The ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by such user.
A provider of a covered platform shall provide clear and conspicuous notice to a user of the covered platform who the provider knows is a minor when any parental tool described in paragraph (1) is in effect and any setting or control that has been applied.
If, before the effective date of this subtitle, a provider of a covered platform provides a parent of a user of the covered platform who the provider knows is a child with notice and the ability to enable a parental tool described in paragraph (1) in a manner that would otherwise comply with this subsection and the parent opts out of enabling any such parental tool, the covered platform is not required to enable any such tool with respect to such user by default on or after such effective date.
With respect to any safeguard described in subsection (a)(1) and any parental tool described in subsection (b)(1), a provider of a covered platform shall provide each of the following:
Information and control options in a clear and conspicuous manner that takes into consideration the differing ages, capacities, and developmental needs of a user of the covered platform who the provider knows is a minor most likely to access the covered platform and does not encourage such a user or a parent of such a user to weaken or disable any such safeguard, option, or parental tool.
Readily accessible and easy-to-use controls to enable or disable any such safeguard or parental tool, as appropriate.
If the device of a user or user account does not have access to the internet at the time of a change to a parental tool described in subsection (b)(1), the provider of the relevant covered platform shall apply changes the next time the device or user is connected to the internet.
Nothing in this section may be construed to do any of the following:
A provider of a covered platform shall provide each of the following:
A readily accessible and easy-to-use means for a user of or visitor to the covered platform to submit a report to the covered platform of any harm to a minor related to the use of the covered platform.
An electronic point of contact specific to matters involving harms to a minor.
Confirmation of the receipt of any such report and, within the applicable time period described in subsection (b), a substantive response to the user or visitor who submitted the report.
A covered platform shall establish an internal process to receive and substantively respond to a report submitted subsection (a)(1) in a reasonable and timely manner, but in no case later than—
10 days after the date on which the report is received; or
if the report involves an imminent threat to the safety of a minor, the date that is as prompt as needed to address the reported threat to safety.
The policies and practices of the covered platform with respect to safeguards for minors.
For purposes of this section, a provider of a covered platform may consolidate the process for providing information and obtaining verifiable parental consent required by this section with the obligations of the provider to provide relevant notice and obtain verifiable parental consent under the Children’s Online Privacy Protection Act of 1998.
A provider of a covered platform shall provide clear, conspicuous, and easy-to-understand labels and information, which may be provided through a link to another web page or disclosure, to a user of or visitor to the covered platform who the provider knows is a minor on advertisements regarding the disclosure of endorsements of products, services, or brands made for commercial consideration by other users of the covered platform.
A provider of a covered platform may not facilitate the advertising of narcotic drugs, cannabis products, tobacco products, gambling, or alcohol to a user of or visitor to the covered platform who the provider knows is a minor.
Not later than 18 months after the date of the enactment of this subtitle, and annually thereafter, a provider of a covered platform shall ensure that an independent, third-party auditor conducts an independent, third-party audit of the covered platform.
In conducting an audit required by subsection (a), an independent, third-party auditor shall do the following:
Consult with parents (including parents with relevant experience), public health and mental health nonprofit organizations, health and development organizations, and experts in freedom of expression about methods to identify, prevent, and mitigate such harms.
An audit required by subsection (a) shall include the following:
An assessment of the extent to which the relevant covered platform is likely to be accessed by minors, including with respect to any difference between children and teens.
An accounting of the following:
The number of users using such covered platform who the provider of such covered platform knows to be minors located in the United States.
The median and mean amounts of time spent on such covered platform by such users during the year in which such audit is conducted.
A description of the policies, practices, and procedures implemented to address the harms to minors described in section 213(a).
The number of times that any safeguard described in section 214(a)(1) has been exercised during the year in which such audit is conducted.
The number of times that any parental tool described in section 214(b)(1) has been exercised during the year in which such audit is conducted.
The number of reports, categorized by types of harms to a minor, received by such covered platform through the reporting mechanism described in section 215(a)(1) during the year in which such audit is conducted.
A description of such safeguards for minors and parental tools that are available to minors and parents on such covered platform.
A description of how such covered platform handles reports received through such reporting mechanism, including the rate of response to such a report and the timeliness and substantiveness of any such response.
A description of whether, how, and for what purpose such covered platform collects or processes categories of personal information of minors.
If the covered platform has a process used to create, implement, or evaluate the impact of a design feature of the covered platform used by minors, a description of such process.
A provider of a covered platform shall facilitate an audit of the covered platform required by subsection (a) by doing the following:
Providing or otherwise making available to the independent, third-party auditor that conducts such audit any information or material in the possession, custody, or control of such covered platform relevant to such audit.
Providing or otherwise making available to such auditor access to any network, system, or asset relevant to such audit.
Disclosing any material fact to such auditor and not misrepresenting any material fact.
Not later than 30 days after the date on which an audit required by subsection (a) is completed, the provider of the relevant covered platform shall submit to the Commission the results of the audit.
includes the information in clauses (i), (ii), (iv), (v), and (vi) of subsection (b)(2)(B); and
notwithstanding paragraph (1), may include any other information required by this section.
Nothing in this subtitle may be construed to require the provider of a covered platform to implement an age gating or age verification functionality on the covered platform.
No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law if such law, rule, regulation, requirement, standard, or other provision conflicts with the provisions of this subtitle.
This subtitle may be cited as the Safe Messaging for Kids Act
or the SMK Act
.
In this subtitle:
The term app store means a publicly available software application that distributes and facilitates the download onto a mobile device of an app from a third-party developer by a user of a computer, mobile device, or any other general purpose computing device.
The term covered user means a user of a covered platform if the provider of such covered platform knows that such user is a minor.
The term direct messaging feature means a function of a covered platform that enables a user to send a message, image, video, audio, or other communication directly to another user or a specific group of users of the covered platform.
The term direct messaging feature does not include a function of a covered platform that enables a user to post content on the covered platform to—
a public or semi-public profile; or
a feed accessible to a broader group of users.
after a predetermined period;
once viewed by such a recipient; or
upon exiting the specific chat or messaging interface.
The term ephemeral messaging feature does not include—
a function of a covered platform that allows a user of the covered platform to manually delete a message, image, video, audio, or other communication sent by such user after the transmission of the communication (if such deletion does not automatically occur for each recipient of the communication or by the default design of such function); or
The term parental direct messaging controls means a set of tools or settings that a provider of a covered platform provides to a parent of a covered user of the covered platform that allows the parent to manage the use of a direct messaging feature by such covered user.
The term teen covered user means a covered user who has attained the age of 13.
The term unapproved contact, with respect to a covered user for whom parental direct messaging controls have been activated, means a user of a covered platform with respect to whom the teen covered user may not use a direct messaging feature unless a parent of such teen covered user has provided verifiable parental consent under this subtitle.
The term verifiable parental consent—
has the meaning given that term in section 2 of this Act; and
A provider of a covered platform may not offer, provide, or enable any ephemeral messaging feature of such covered platform to any covered user of the covered platform.
A provider of a covered platform may not offer, provide, or enable any direct messaging feature of such covered platform to any covered user of the covered platform under the age of 13 years.
Be clearly and conspicuously accessible to a parent of a teen covered user through—
the settings of a profile of the teen covered user; and
any parental portal or interface offered by the covered platform.
Be designed to be user-friendly with clear explanations of the manner in which the parental direct messaging controls operate.
Receive a timely notification that—
alerts the parent about a request from an unapproved contact who seeks to use a direct messaging feature of the covered platform with respect to the teen covered user; and
allows the parent to approve or deny the request before the unapproved contact and the teen covered user engage in any direct messaging through any such direct messaging feature.
Be informed if the teen covered user changes the age listed on a profile of the teen covered user on the covered platform (if any such change affects the applicability of such parental direct messaging controls).
Disable any direct messaging feature of any such profile.
Enable the teen covered user to set a profile of the teen covered user on the covered platform as hidden on any search such that—
other users are prevented from searching for and finding such profile;
other users are prevented from seeing the current online or offline status of the teen covered user; and
A provider of a covered platform may not degrade the functionality or availability of any other feature or service of the covered platform for a teen covered user of the covered platform based on the activation or management of parental direct messaging controls by a parent of the teen covered user under this section (except as necessary to implement any such parental direct messaging controls).
No requirement under this subtitle to restrict any feature for a covered user or to provide parental direct messaging controls for a direct messaging feature of a covered platform may be construed to override any protection for an encrypted communication described in this subtitle and a provider of a covered platform shall adhere to any such requirement, to the maximum extent technically feasible, through means that do not compromise the integrity of strong encryption offered to any user of the covered platform.
This subtitle may be cited as the Stop Profiling Youth and Kids Act SPY Kids Act
or the
.
In this subtitle, the term user, with respect to a covered platform, means an individual who registers an account or creates a profile on the covered platform.
A provider of a covered platform may not, in the case of a user or visitor of the covered platform who the provider knows is a minor, conduct market or product-focused research on such user or visitor unless any such research is—
used solely to improve the privacy, security, transparency, or safety of the covered platform, including with respect to a design feature or any safeguard, setting, or tool offered to such user or visitor or a parent of such user or visitor; or
necessary for compliance with a Federal or State law.
Nothing in this subtitle may be construed to limit the processing of personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including through an independent measurement.
No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision regulates the ability of a covered platform to conduct market or product-focused research on a minor.
Nothing in subsection (a) may be construed to preempt the applicability of any of the following:
This subtitle shall take effect on the date that is 90 days after the date of the enactment of this Act.
This title may be cited as the Safer Guarding of Adolescents from Malicious Interactions on Network Games Act
or the Safer GAMING Act
.
In this title:
The term covered user means a user of an interactive online video game if the online video game provider of such interactive online video game knows that such user is a minor.
The term interactive online video game means a video game that—
connects to the internet; and
allows a user of such video game to communicate with other users of such video game.
receives and stores data or instructions generated by the user of such software program; and
processes such data or instructions to create an interactive game for such user to play on a computer, gaming system, console, mobile device, or other technological means.
An online video game provider shall provide safeguards to a parent of a covered user of an interactive online video game of such online video game provider that allow the parent to limit communication between such covered user and any other user of such interactive online video game.
An online video game provider shall ensure that the safeguards required by subsection (a) meet the following requirements:
Be accessible and easy to use.
Restrict purchases and financial transactions by such covered user.
Limit the amount of time spent by such covered user on such interactive online video game.
Control the safeguards required by this section.
This title may be cited as the Safeguarding Adolescents From Exploitative BOTs Act SAFE BOTs Act
or the
.
In this title:
The term chatbot provider means a person engaged in the business of providing a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means.
A person that provides a website, mobile application, or other online service that includes a chat function incidental to the primary purpose of such website, application, or service may not be treated as a chatbot provider solely on the basis of such incidental chat function.
A chatbot provider may not provide to a covered user of a relevant chatbot that states to the covered user that the chatbot is a licensed professional (unless such statement is true).
A chatbot provider shall clearly and conspicuously disclose to each covered user of a chatbot of such chat provider a disclosure of the following:
The chatbot is an artificial intelligence system and not a natural person.
Resources for contacting a suicide and crisis intervention hotline.
A disclosure required by subsection (a)(1) shall be made—
at the initiation of the first interaction of a covered user with a chatbot; and
at any point at which, during an interaction between a covered user and a chatbot, the covered user prompts the chatbot about whether the chatbot is an artificial intelligence system.
A disclosure required by subsection (a)(2) shall be made at any point at which, during an interaction between a covered user and a chatbot, the covered user prompts the chatbot about suicide or suicidal ideation.
Any disclosure required by subsection (a) shall be made in a manner that is clear and age-appropriate using plain language such that the disclosure is reasonably understandable by a minor.
A chatbot provider shall establish, implement, and maintain reasonable policies, practices, and procedures—
to ensure that a chatbot of the chatbot provider advises a covered user of the chatbot to take a break from the chatbot at the point at which a continuous and uninterrupted interaction of such covered user with such chatbot has lasted for 3 hours; and
to address, with respect to covered users—
any access to sexual material harmful to minors;
the promotion of gambling that is restricted from or prohibited for minors by law; and
the promotion of the distribution, sale, or use of narcotic drugs, tobacco products, or alcohol that are restricted from or prohibited for minors by law.
Nothing in this title may be construed to require a chatbot provider to prevent or preclude any covered user of a chatbot of the chatbot provider from accessing resources and information regarding the prevention or mitigation of the harms described in section 405(2).
Nothing in subsection (a) may be construed to preempt the applicability of any of the following:
In this subtitle:
The term social media platform—
that serves the public; and
that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and
does not include—
a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation); or
electronic mail.
This part may be cited as the Safe Social Media Act
.
conduct a study on social media platform use by minors, including with respect to—
what personal information is collected by social media platforms with respect to minors;
how such personal information is used by the algorithms of the social media platforms;
how such personal information is used with respect to targeted advertising;
how often minors use social media platforms daily;
differences in use of social media platforms related to the age ranges of minors;
mental health effects on minors linked to the use of social media platforms; and
potential harmful effects and benefits for minors from extended social media platform use; and
not later than 3 years after the date of the enactment of this Act, submit to Congress a report on the findings of the study conducted under paragraph (1), including any recommended policy changes based on such findings.
Paperwork Reduction Act) does not apply to this section.
This part may be cited as the No Fentanyl on Social Media Act
.
The impact of such prevalence and access on minors, including with respect to health risks and risks to physical safety.
How design features and other characteristics of social media platforms affect the ability of minors to access fentanyl.
Other measures taken by law enforcement, the medical community, and others to address the issues described in paragraphs (1) through (4).
This part may be cited as the Assessing Safety Tools for Parents and Minors Act
.
initiate a review of industry efforts to promote online safety for minors through education, parental and child safety tools, age-appropriate labels for content, privacy and other safety settings, or other relevant technologies or initiatives; and
examine the effectiveness of industry efforts identified under paragraph (1) to mitigate online harms for minors and provide recommendations for industry, Congress, and agencies to improve online safety for minors.
Subchapter I of chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”) does not apply to this section.
The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall conduct a 4-year longitudinal study to evaluate the risks and benefits of chatbots with respect to the mental health of minors, including with respect to loneliness, anxiety, social skill building, social isolation, depression, self-harm, and suicidal ideation.
In conducting the study required by section 517, the Secretary, acting through the Director, shall consult with the following:
Pediatric mental health experts.
Technologists.
Ethicists.
Educators.
Not later than 4 years after the date of the enactment of this Act, the Secretary, acting through the Director, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committees on Commerce, Science, and Transportation and Health, Education, Labor, and Pensions of the Senate a report on the results of the study required by section 517 and any related recommendations.
This part may be cited as the Promoting a Safe Internet for Minors Act
.
Not later than 180 days after the date of the enactment of this section, the Commission, in partnership with the heads of other relevant agencies, State and local governments, nonprofit organizations, schools, industry, law enforcement, medical professionals, and other appropriate entities, shall carry out a program throughout the United States to promote the safe use of the internet by minors, that includes the following:
The identification, promotion, and encouragement of best practices for educators, online platforms, minors, and parents and guardians to protect minors online.
The establishment and implementation of an outreach and education campaign throughout the United States that promotes online safety for minors.
The facilitation of access to publicly accessible online safety education and public awareness efforts by other relevant agencies, State and local governments, nonprofit organizations, schools, industry, and other appropriate entities.
Not later than 1 year after the date of the enactment of this section, and annually thereafter for 10 years, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the activities carried out under section 211.
In this subtitle:
The term Commission means the Federal Trade Commission.
The term minor means an individual under the age of 17.
Preventing compulsive behavior online and other adverse impacts on the physical and mental health of minors.
inserting before section 215 the following:
This part may be cited as the AI Warnings And Resources for Education Act AWARE Act
or the
.
Not later than 1 year after the date of the enactment of this Act, the Commission, in consultation with relevant agencies, shall develop and make available to the public educational resources for parents, educators, and minors with respect to the safe and responsible use of chatbots by minors.
The educational resources developed and made available under subsection (a) shall include resources on—
the risks and benefits of chatbot use;
privacy and data collection practices; and
best practices for parents supporting the safe use of chatbots by minors.
The Commission shall, in a manner appropriate for minors, model the educational resources developed and made available under subsection (a) on the Youville program of the Commission.
This subtitle may be cited as the Kids Internet Safety Partnership Act
.
The Secretary shall appoint a Director to be the head of the Partnership.
The duties of the Partnership shall be the following:
the risks for minors with respect to the use of websites, online services, online applications, and mobile applications;
widely accepted or evidence-based best practices that account for minors of different ages and—
address the risks identified under subparagraph (A); and
preserve and enhance the benefits identified under subparagraph (B).
Not later than 1 year after the date on which the Partnership is established, and every 2 years thereafter, publish on a publicly available website a report that details—
the identifications made under paragraph (1); and
safeguards for minors; and
parental tools.
design features;
parental tools;
default privacy and account settings;
reporting systems and tools;
third-party safety software services; and
limitations and opt-outs related to personalized recommendation systems and chatbots.
In coordinating with stakeholders under subsection (c)(1), the Partnership shall coordinate with the following:
Researchers with specific expertise with respect to social media.
Parents and minors with demonstrated experience with respect to the safety of minors online.
Educators with demonstrated experience with respect to the safety of minors online.
Online platforms.
Experts in academia and civil society with specific expertise with respect to constitutional law, privacy, free expression, access to information, and civil liberties.
State attorneys general (or designees thereof who work in State or local government).
In this section:
The term parental tool—
means a tool that—
the parent uses to support such user with respect to the use of the website, service, or application; and
view or change the privacy and account settings of such user;
grant or withdraw verifiable parental consent;
restrict the purchases and financial transactions of such user;
The term Secretary means the Secretary of Commerce.
A violation of this Act shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
enjoin such act or practice;
enforce compliance with this Act;
obtain damages, restitution, or other compensation on behalf of residents of the State; or
obtain such other legal and equitable relief as the court may consider to be appropriate.
Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action.
On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right—
to intervene in the action;
upon so intervening—
to be heard on all matters arising therein; and
to file petitions for appeal.
Federal action), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of this Act alleged in such complaint.
For purposes of bringing a civil action under this subsection, nothing in this Act may be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.
Nothing in this Act may be construed to do any of the following:
Require the disclosure of the browsing behavior, search history, messages, contact list, or other content or metadata of the communications of a minor.
Limit or impair 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.
Expand, limit the scope of, or alter the meaning of section 230 of the Communications Act of 1934 (47 U.S.C. 230).
Restrict the ability to—
cooperate with a law enforcement agency regarding activity reasonably and in good faith believed to violate a Federal, State, or local law, rule, or regulation;
comply with a lawful civil, criminal, or regulatory inquiry, subpoena, or summons from a Federal, State, local, or other governmental authority;
investigate, establish, exercise, respond to, or defend against a legal claim;
prevent, detect, or respond to a security incident, identity theft, fraud, harassment, or any other malicious, deceptive, or illegal activity; or
investigate or report a person responsible for an activity described in subparagraph (D).
Decrypt or ensure an ability to decrypt an encrypted communication of a user.
Require the affirmative collection of any personal information with respect to age that is not collected already in the normal course of business.
If any provision of this Act or the application of this Act to any person or circumstance is held to be unconstitutional, the remaining provisions of this Act and the application of this Act to other persons or circumstances shall not be affected.
Except as otherwise provided in this Act, this Act shall take effect on the date that is 1 year after the date of the enactment of this Act.