Sec. 4. Safeguards for minors
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/bill/118/s/1409/is/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered platform shall provide an individual that the covered platform knows or reasonably should know is a minor with readily accessible and easy-to-use safeguards to, as applicable— limit the ability of other individuals to communicate with the minor; prevent other users, 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; limit features that increase, sustain, or extend use of the covered platform by the minor, such as automatic playing of media, rewards for time spent on the platform, notifications, and other features that result in compulsive usage of the covered platform by the minor; control personalized recommendation systems, including the right to— opt out of such personalized recommendation systems, while still allowing the display of content based on a chronological format; or limit types or categories of recommendations from such systems; and restrict the sharing of the geolocation of the minor and provide notice regarding the tracking of the minor’s geolocation.
A covered platform shall provide an individual that the covered platform knows or reasonably should know is a minor with readily accessible and easy-to-use options to— delete the minor's account and delete any personal data collected from, or shared by, the minor on the covered platform; or limit the amount of time spent by the minor on the covered platform. A covered platform shall provide that, in the case of a user that the platform knows or reasonably should know is a minor, the default setting for any safeguard described under paragraph
(1)shall be the option available on the platform that provides the most protective level of control that is offered by the platform over privacy and safety for that user. A covered platform shall provide readily accessible and easy-to-use settings for parents to support an individual that the platform knows or reasonably should know is a minor with respect to the individual's use of the platform. The parental tools provided by a covered platform shall include— the ability to manage a minor’s privacy and account settings, including the safeguards and options established under subsection (a), in a manner that allows parents to— view the privacy and account settings; and in the case of a user that the platform knows or reasonably should know is a child, change and control the privacy and account settings; the ability to restrict purchases and financial transactions by the minor, where applicable; and the ability to view metrics of total time spent on the platform. A covered platform shall provide clear and conspicuous notice to an individual that the platform knows or reasonably should know is a minor when tools described in this subsection are in effect and what settings or controls have been applied. A covered platform shall provide that, in the case of a user that the platform knows or reasonably should know is a child, the tools described in this subsection shall be enabled by default. A covered platform shall provide— a readily accessible and easy-to-use means to submit reports to the covered platform of harms to minors; an electronic point of contact specific to matters involving harms to a minor; and confirmation of the receipt of such a report and a means to track a submitted report. A covered platform shall establish an internal process to receive and substantively respond to reports in a reasonable and timely manner, but in no case later than— 7 days after the receipt of a report, if, for the most recent calendar year, the platform averaged more than 10,000,000 active users on a monthly basis in the United States; 21 days after the receipt of a report, if, for the most recent calendar year, the platform averaged less than 10,000,000 active users on a monthly basis in the United States; and notwithstanding subparagraphs
(A)and (B), if the report involves an imminent threat to the safety of a minor, as promptly as needed to address the reported threat to safety. A covered platform shall not facilitate the advertising of narcotic drugs (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )), tobacco products, gambling, or alcohol to an individual that the covered platform knows or reasonably should know is a minor. With respect to safeguards and parental controls described under subsections
(a)and (b), a covered platform shall provide— information and control options in a clear and conspicuous manner that takes into consideration the differing ages, capacities, and developmental needs of the minors most likely to access the covered platform and does not encourage minors or parents to weaken or disable safeguards or parental controls; readily accessible and easy-to-use controls to enable or disable safeguards or parental controls, as appropriate; and information and control options in the same language, form, and manner as the covered platform provides the product or service used by minors and their parents. It shall be unlawful for any covered platform to design, modify, or manipulate a user interface of a covered platform with the purpose or substantial effect of subverting or impairing user autonomy, decision-making, or choice in order to weaken or disable safeguards or parental controls required under this section. Nothing in this section shall be construed to— prevent a covered platform from taking reasonable measures to— block, detect, or prevent the distribution of unlawful, obscene, or other harmful material to minors as described in section 3(a); or block or filter spam, prevent criminal activity, or protect the security of a platform or service; or require the disclosure of a minor's browsing behavior, search history, messages, contact list, or other content or metadata of their communications.
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Sec. 4
Safeguards for minors
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