[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 7891 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 7891 To protect the safety of children on the internet. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 9, 2024 Mr. Bilirakis (for himself, Ms. Castor of Florida, Mrs. Houchin, Ms. Schrier, and Mr. Bucshon) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ 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. Research on social media and minors. Sec. 107. Market research. Sec. 108. Age verification study and report. Sec. 109. Guidance. Sec. 110. Enforcement. Sec. 111. Kids Online Safety Council. Sec. 112. Effective date. Sec. 113. Rules of construction and other matters. Sec. 114. Severability. TITLE II--FILTER BUBBLE TRANSPARENCY Sec. 201. Definitions. Sec. 202. Requirement to allow users to see unmanipulated content on internet platforms. Sec. 203. Severability. TITLE III--RELATIONSHIP TO STATE LAWS Sec. 301. Relationship to State laws. 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 any response stimulated by external factors that causes an individual to engage in repetitive behavior reasonably likely to cause a mental health disorder. (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, including a social media service or social network; 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 preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education; (iv) a library (as defined in section 213(1) of the Library Services and Technology Act (20 U.S.C. 9122(1))); (v) a news or sports news and 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 news and 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, a cloud storage, file sharing, or file collaboration service, provided that the product or service is not an online platform; or (vii) a virtual private network or similar service that exists solely to route internet traffic between locations. (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 for time spent on the platform; (C) notifications; (D) push alerts that urge a user to spend more time engaged with the platform when they are not actively using it; (E) badges or other visual award symbols based on elevated levels of engagement with the platform; (F) personalized recommendation systems; (G) in-game purchases; or (H) appearance altering filters. (5) High impact online company.--The term ``high impact online company'' means an online platform or online video game that provides any internet-accessible platform where-- (A) such online platform or online video game generates $2,500,000,000 or more in annual revenue, including the revenue generated by any affiliate of such covered platform; or (B) such online platform or online video game has 150,000,000 or more global monthly active users for not fewer than 3 of the preceding 12 months on the online product or service of such covered platform; and (C) such online platform or online video game constitutes an online product or service that is primarily used by users to access or share, user- generated content. (6) Know; knows.--The term ``know'' or ``knows'' means-- (A) with respect to a high impact online company, the platform knew or should have known the individual was a child or minor; (B) with respect to a covered platform that had an annual gross revenue of $200,000,000 or more, collects the personal information of 200,000 individuals or more, and does not meet the qualifications of subparagraph (A), that covered platform knew or acted in willful disregard of the fact that the individual was a child or minor; and (C) with respect to a covered platform that does not meet the requirements of subparagraph (A) or (B), actual knowledge. (7) Mental health disorder.--The term ``mental health disorder'' has the meaning given the term ``mental disorder'' in the Diagnostic and Statistical Manual of Mental Health Disorders, 5th Edition (or the most current successor edition). (8) 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. (9) Minor.--The term ``minor'' means an individual who is under the age of 17. (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. (B) Inclusions.--Such term includes sharing videos, images, games, audio files, or other content, including a social media service, social network, or virtual reality environment. (C) Exclusions.--Such term does not include chats, comments, or other interactive functionalities of the community forum that is incidental to the predominant purpose of the website, online service, online application, or mobile application. (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'' has the meaning given that term in section 1302 of the Children's Online Privacy Protection Act (15 U.S.C. 6501). (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 recommendation system.-- (A) In general.--The term ``personalized recommendation system'' means a fully or partially automated system used to suggest, promote, rank, or recommend content, including other users, hashtags, or posts, based on the personal data of users. (B) Exclusions.--The term ``personalized recommendation system'' does not include-- (i) systems that suggests, promotes, or ranks content based solely on the user's language, city or town, or age; (ii) technical means that do not fully automate or replace human decision-making processes; (iii) technical means that are designed to block, detect, identify, or prevent a user from accessing inappropriate, unlawful, or harmful content; or (iv) technical means designed to prevent or detect fraud, malicious conduct or other illegal activity, or preserve the integrity or security of systems, products, or services. (15) 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. (16) 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 high impact online company shall exercise reasonable care in the creation and implementation of any design feature to prevent and mitigate the following harms to minors: (1) Consistent with evidence-informed medical information, the following mental health disorders: anxiety, depression, eating disorders, substance use disorders, and suicidal behaviors. (2) Patterns of use that indicate or encourage compulsive usage by minors. (3) Physical violence (as defined in 18 U.S.C. 16), cyberbullying and discriminatory harassment of a minor. (4) Sexual exploitation and abuse of minors. (5) Promotion and marketing of narcotic drugs (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), tobacco products, gambling, or alcohol. (b) Limitation.--Nothing in subsection (a) shall be construed to require a high impact online company to prevent or preclude-- (1) any minor from deliberately and independently searching for, or specifically requesting, content; or (2) the high impact online company or individuals on the platform from providing resources for the prevention or mitigation of the harms described in subsection (a), including evidence-informed information and clinical resources. 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) limit 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, badges, push alerts, and other interactive elements that result in compulsive usage of the covered platform by the minor; and (C) control personalized recommendation systems, including the ability for a minor to have-- (i) the option of opting out of such personalized recommendation systems, while still allowing the display of content based on a chronological format; (ii) the option of limiting types or categories of recommendations from such systems; or (iii) both such options. (2) Options.--A covered platform shall provide a user that the covered platform knows is a minor with readily accessible and easy-to-use options 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 safety for that user or visitor, unless otherwise enabled by the parent. (b) Parental Tools.-- (1) Tools.--A covered platform shall provide readily accessible and easy-to-use setting