Sec. 101. Definitions
1,022 words·~5 min read·
/bill/118/s/2073/eas/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this subtitle: 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. The term covered platform means an online platform, online video game, messaging application, or video streaming service 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; a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that— the service is not an online platform, including a social media service or social network; and the real-time communication is initiated by using a unique link or identifier to facilitate access; or a wireless messaging service, including such a service provided through short messaging service or multimedia messaging service protocols, that is not a component of, or linked to, an online platform and where the predominant or exclusive function is direct messaging consisting of the transmission of text, photos or videos that are sent by electronic means, where messages are transmitted from the sender to a recipient, and are not posted within an online platform or publicly; 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; a library (as defined in section 213(1) of the Library Services and Technology Act ( 20 U.S.C. 9122(1) )); a news or sports coverage website or app where— the inclusion of video content on the website or app is related to the website or app's own gathering, reporting, or publishing of news content or sports coverage; and the website or app is not otherwise an online platform; a product or service that primarily functions as business-to-business software, a cloud storage, file sharing, or file collaboration service, provided that the product or service is not an online platform; or a virtual private network or similar service that exists solely to route internet traffic between locations.
The term design feature means any feature or component of a covered platform that will encourage or increase the frequency, time spent, or activity of minors on the covered platform. Design features include but are not limited to— infinite scrolling or auto play; rewards for time spent on the platform; notifications; personalized recommendation systems; in-game purchases; or appearance altering filters. The term geolocation has the meaning given the term geolocation information in section 1302 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ), as added by section 201(a).
The term know or knows means to have actual knowledge or knowledge fairly implied on the basis of objective circumstances. 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 microtransaction means a purchase made in an online video game (including a purchase made using a virtual currency that is purchasable or redeemable using cash or credit or that is included as part of a paid subscription service).
Such term includes a purchase involving surprise mechanics, new characters, or in-game items. Such term does not include— a purchase made in an online video game using a virtual currency that is earned through gameplay and is not otherwise purchasable or redeemable using cash or credit or included as part of a paid subscription service; or a purchase of additional levels within the game or an overall expansion of the game. 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, such as sharing videos, images, games, audio files, or other content, including a social media service, social network, or virtual reality environment. The term online video game means a video game, including an educational video game, that connects to the internet and that allows a user to— create and upload content other than content that is incidental to gameplay, such as character or level designs created by the user, preselected phrases, or short interactions with other users; engage in microtransactions within the game; or communicate with other users.
The term parent has the meaning given that term in section 1302 of the Children's Online Privacy Protection Act ( 15 U.S.C. 6501 ). The term personal data has the same meaning as the term personal information as defined in section 1302 of the Children's Online Privacy Protection Act ( 15 U.S.C. 6501 ). The term personalized recommendation system means a fully or partially automated system used to suggest, promote, or rank content, including other users, hashtags, or posts, based on the personal data of users.
A recommendation system that suggests, promotes, or ranks content based solely on the user’s language, city or town, or age shall not be considered a personalized recommendation system. 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 user means, with respect to a covered platform, an individual who registers an account or creates a profile on the covered platform.
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources