[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 se