Sec. 3. Definitions
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/bill/117/s/2918/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term algorithmic process means a computational process, including one derived from machine learning or other artificial intelligence techniques, that processes personal information or other data for the purpose of determining the order or manner that a set of information is provided to a user of an online platform, including the provision of commercial content, the display of social media posts, or any other method of automated decision making, content selection, content recommendation, or content amplification.
The term Commission means the Federal Trade Commission. The term constructive knowledge means, for purposes of section 4, with respect to knowledge that a user of an online platform is a covered user, knowledge that is imputed to the operator of the online platform if— the operator directly or indirectly collects, uses, profiles, buys, sells, classifies, or analyzes (using an algorithmic process or other form of data analytics) data about the user to estimate, identify, or classify the age, age range, or proxy thereof; the operator has or receives data or reporting related to the age of the user on the online platform under the self-regulatory guidelines described in section 1304 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 ) that documents risks and controls, including the existence of operator-controlled data analytics and content analytics capabilities and functions or outputs; the operator has or receives complaints from parents or other third parties about the age of the user, whether through the operator's complaint mechanism, by email, or other means conveniently accessible by such parents or third parties; the operator has or receives data or reporting or information from the operator’s internal communications, including documentation about its advertising practices, such as an advertisement insertion order, or other promotional material to marketers, that indicates that data is being collected from the user because the user is within a particular age range; or the operator knows that— a provider of content on the platform communicates to an advertising network that the content is intended for users of a particular age range or likely to appeal to users of a particular age range, whether directly or indirectly; and the user is shown that content.
The Commission may issue guidance or promulgate rules in accordance with section 553 of title 5, United States Code, that indicate factors, in addition to those described in subparagraph (A), that should be considered to be constructive knowledge for purposes of this Act. The term covered user means an individual under the age of 16. The term directed to children means the targeting of covered users by an online platform or portion of an online platform, as demonstrated by, with respect to such platform or portion of a platform— its subject matter; its visual content; the use of animated characters or child-oriented activities for children and related incentives; music or other audio content; the age of models used; the presence of— child celebrities; or celebrities who appeal to covered users; the language used; advertising content used on, or used to advertise, such platform; or reliable empirical evidence relating to— the composition of the audience of such platform; and the intended audience of such platform.
The term host-selling refers to commercial video content that features the same characters or individuals as in the adjacent noncommercial content. The term influencer marketing means a tactic by which a company compensates individuals who are deemed to have the potential to review, promote, or sell a product or service online to an intended target audience. The term online platform means any public-facing website, online service, online application, or mobile application which is operated for commercial purposes.
The term operator means any person who, for commercial purposes, in interstate or foreign commerce, operates or provides an online platform. The term person means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity.
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U.S. Code