[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 defa