Sec. 2. Prohibition on accounts and profiles for minors
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/bill/119/hr/6488/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered platform may not allow an individual to create or maintain an account or profile on the covered platform if the covered platform knows that the individual is a minor. A covered platform shall— not later than 60 days after the date of the enactment of this section, identify any account or profile of a user on the covered platform that the covered platform knows is a minor; not later than 180 days after the date of the enactment of this section, notify any user of an account or profile identified under subparagraph
(A)that the covered platform will terminate the account or profile of the user; and not later than 30 days after the date on which a user is notified pursuant to subparagraph (B), terminate the account or profile of the user. Subject to subparagraph (B), upon termination of an existing account or profile of a user pursuant to paragraph (2), a covered platform shall immediately delete all personal data collected from the user or submitted by the user to the covered platform. To the extent technically feasible and not in violation of any licensing agreement, a covered platform shall allow the user of an existing account or profile that the covered platform has terminated pursuant to paragraph (2), from the date such termination occurs to the date that is 90 days after such date, to request, and shall provide to such user upon such request, a copy of the personal data collected from the user or submitted by the user to the covered platform both— in a manner that is readable and which a reasonable person can understand; and in a portable, structured, and machine-readable format. A covered platform shall fulfill a request under subparagraph
(B)not later than 45 days after the date on which such request is made to the covered platform. A violation of this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this section, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to— enjoin such act or practice; enforce compliance with this section; obtain damages, restitution, or other compensation on behalf of residents of the State; or obtain such other legal and equitable relief as the court may consider to be appropriate. Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. On receiving notice under paragraph
(2)of an action under this subsection, the Commission shall have the right— to intervene in the action; upon so intervening, to be heard on all matters arising therein; and to file petitions for appeal. If the Commission or the Attorney General of the United States has instituted a civil action for violation of this Act (referred to in this subparagraph as the Federal action ), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of this Act alleged in such complaint. For purposes of bringing a civil action under this subsection, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. No State or political subdivision of a State may prescribe, maintain, or enforce any law, rule, regulation, requirement, standard, or other provision having the force and effect of law, if such law, rule, regulation, requirement, standard, or other provision relates to the provisions of this section. Unless otherwise specified, this section shall take effect on the date that is 1 year after the date of enactment of this section. In this section: The term Commission means the Federal Trade Commission. The term covered platform has the meaning given that term in section 4 of the TAKE IT DOWN Act ( Public Law 119–12 ; 47 U.S.C. 223a note). The term know or knows means to have actual knowledge or to have acted in willful disregard. The term minor means an individual under the age of 16. The term personal data has the meaning given the term personal information in section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ). The term user means, with respect to a covered platform, an individual who creates or maintains an account or profile on the covered platform.
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Sec. 2
Prohibition on accounts and profiles for minors
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