Sec. 10. Guidance
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Not later than 18 months after the date of enactment of this Act, the Federal Trade Commission, in consultation with the Kids Online Safety Council established under section 12, shall issue guidance to— provide information and examples for covered platforms and auditors regarding— identifying features that are used to increase, sustain, or extend use of the covered platform by a minor; safeguarding minors against the possible misuse of parental tools; best practices in providing minors and parents the most protective level of control over privacy and safety; using indicia or inferences of age of users for assessing use of the covered platform by minors; methods for evaluating the efficacy of safeguards; and providing additional control options that allow parents to address the harms described in section 3(a); and outline conduct that does not have the purpose or substantial effect of subverting or impairing user autonomy, decision-making, or choice, or of causing, increasing, or encouraging compulsive usage for a minor, such as— de minimis user interface changes derived from testing consumer preferences, including different styles, layouts, or text, where such changes are not done with the purpose of weakening or disabling safeguards or parental controls; algorithms or data outputs outside the control of a covered platform; and establishing default settings that provide enhanced privacy protection to users or otherwise enhance their autonomy and decision-making ability.
Not later than 18 months after the date of enactment of this Act, the Secretary of Education, in consultation with the Federal Trade Commission and the Kids Online Safety Council established under section 12, shall issue guidance to assist to assist elementary and secondary schools in using the notice, safeguards and tools provided under this Act and providing information on online safety for students and teachers. No guidance issued by the Federal Trade Commission with respect to this Act shall— confer any rights on any person, State, or locality; or operate to bind the Federal Trade Commission or any person to the approach recommended in such guidance.
In any enforcement action brought pursuant to this Act, the Federal Trade Commission— shall allege a violation of a provision of this Act; and may not base such enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with guidance issued by the Federal Trade Commission with respect to this Act, unless the practices are alleged to violate a provision of this Act.