Sec. 2. Definitions
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/bill/118/s/1409/is/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term child means an individual who is under the age of 13. The term compulsive usage means any response stimulated by external factors that causes an individual to engage in repetitive behavior reasonably likely to cause psychological distress, loss of control, anxiety, depression, or harmful stress responses. The term covered platform means a social media service, social network, online video game (including educational games), messaging application, video streaming service, or an online platform that connects to the internet and that is used, or is reasonably likely to be used, by a minor.
The term covered platform does not include— an entity acting in its capacity as a provider of— 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; 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); an email service; or a wireless messaging service provided through the short messaging service or multimedia messaging service protocols; an organization not organized to carry on business for its own profit or that of its members; any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education; or a product or service that primarily functions as business-to-business software.
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). The term minor means an individual who is under the age of 17. 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, including sharing videos, images, games, audio files, or other content.
The term parent includes a legal guardian or an individual with legal custody over a minor. The term personal data means information that identifies or is linked or reasonably linkable to a particular minor, including a consumer device identifier associated with a minor. The term personalized recommendation system means a fully or partially automated system used to suggest, promote, or rank information based on the personal data of users. The term sexual exploitation and abuse means any of the following:
Coercion and enticement, as described in section 2422 of title 18, United States Code. Child sexual abuse material, as described in sections 2251, 2252, 2252A, and 2260 of title 18, United States Code. Trafficking for the production of images, as described in section 2251A of title 18, United States Code. Sex trafficking of children, as described in section 1591 of title 18, United States Code. The term targeted advertising means displaying an advertisement to an individual where the advertisement is selected based on personal data about the individual to predict the individual's preferences and interests.
Such term does not include— advertising or marketing directed to an individual in response to the individual's request for information or express selection of a product or service; contextual advertising where an advertisement is displayed to an individual based on the content in which the advertisement appears and does not vary based on who the individual is; or processing personal data solely to measure or report advertising performance, reach, or frequency.
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