Sec. 4. Technology verification measures
591 words·~3 min read·
/bill/117/s/5259/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Commission shall— not later than 30 days after the date of enactment of this Act, issue a notice of proposed rule making to require covered platforms to adopt and operate technology verification measures on the platform to ensure that— users of the covered platform are not minors; and minors are prevented from accessing any content on the covered platform that is harmful to minors; and not later than 1 year after issuing the notice of proposed rule making under paragraph (1), issue the final rule. The rule described in subsection
(a)shall— set the applicable verification standards and metrics to which a covered platform using a technology verification measure is required to adhere when determining whether it is more likely than not that a user of the covered platform is not a minor; require covered platforms to— adopt technology verification measures that adhere to the standards and metrics set by the Commission under paragraph (1); and make publicly available the verification process that the covered platform is employing to comply with the requirements under this Act; provide that requiring a user to confirm that the user is not a minor shall not be sufficient to satisfy the requirements under subparagraphs
(A)and
(B)of subsection (a)(1); subject the Internet Protocol
(IP)addresses of all users, including known virtual proxy network IP addresses, of a covered platform to the requirements described in subparagraphs
(A)and
(B)of subsection (a)(1) unless the covered platform (or third-party described in paragraph (6)), according to standards set by the Commission, determines based on available technology a user is not located within the United States; permit covered platforms to choose the technology verification measure that ensures the verification of users in accordance with the standards and metrics set by the Commission under paragraph (1), provided that the technology verification measure employed by the covered platform prohibits a minor from accessing the platform or any information on the platform that is obscene, child pornography, or harmful to minors; permit covered platforms to contract with a third-party to employ a technology verification measures, and provide that use of such a third-party shall not relieve the covered platform of the requirements under subparagraphs
(A)and
(B)of subsection (a)(1) or the enforcement actions described in section 6; require the Commission to establish a process for each covered platform to submit only such documents or other materials as are necessary for the Commission to ensure full compliance with the requirements of the rule; and require the Commission to— conduct regular audits of covered platforms to ensure compliance with the requirements under this subsection; and make public the terms and processes for the audits conducted under subparagraph (A), including the processes for any third-party conducting an audit on behalf of the Commission. Not later than 180 days after the date on which the final rule is issued under subsection (a)(2), each covered platform shall comply with the requirements under the final rule. The Commission shall prescribe the appropriate documents, materials, or other measures required to ensure full compliance with the requirements of the final rule issued under subsection (a)(2). The Commission may create a process to contract with independent third-party auditors to conduct regular audits on behalf of the Commission under subsection (b)(8). Nothing in this section shall be construed to require a covered platform to submit any information that identifies, is linked to, or is reasonably linkable to a user of the covered platform or a device that is linked or reasonable linkable to a user of the covered platform.