Sec. 113. Rules of construction and other matters
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/bill/118/hr/7891/ih/section-113·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Nothing in this title shall be construed to— preempt section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ) or other Federal or State laws governing student privacy; preempt the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ) or any rule or regulation promulgated under such Act; or authorize any action that would conflict with section 18(h) of the Federal Trade Commission Act ( 15 U.S.C. 57a(h) ).
Nothing in this title shall be construed to require— the affirmative collection of any personal data with respect to the age of users that a covered platform is not already collecting in the normal course of business; or a covered platform to implement an age gating or age verification functionality. Nothing in this title shall be construed to restrict a covered platform’s ability to— cooperate with law enforcement agencies regarding activity that the covered platform reasonably and in good faith believes may violate Federal, State, or local laws, rules, or regulations; comply with a lawful civil, criminal, or regulatory inquiry, subpoena, or summons by Federal, State, local, or other government authorities; prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity; preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action; or investigate, establish, exercise, respond to, or defend against legal claims.
A video streaming service shall be deemed to be in compliance with this Act if it predominantly consists of news, sports, entertainment, or other video programming content that is preselected by the provider and not user-generated, and— any chat, comment, or interactive functionality is provided incidental to, directly related to, or dependent on provision of such content; if such video streaming service requires account owner registration and is not predominantly news or sports, the service includes the capability— to limit a minor’s access to the service, which may utilize a system of age-rating; to limit the automatic playing of on-demand content selected by a personalized recommendation system for an individual that the service knows is a minor; to provide an individual that the service knows is a minor with readily accessible and easy-to-use options to delete an account held by the minor on the service, or, in the case of a service that allows a parent to create a profile for a minor, to allow a parent to delete the minor’s profile; for a parent to manage a minor’s account settings, and restrict purchases and financial transactions by a minor, where applicable; to provide an electronic point of contact specific to matters described in this paragraph; to offer a clear, conspicuous, and easy-to-understand notice of its policies and practices with respect the capabilities described in this paragraph; and when providing on-demand content, to employ measures that safeguard against serving advertising for narcotic drugs (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )), tobacco products, gambling, or alcohol directly to the account or profile of an individual that the service knows is a minor.
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