Sec. 102. Definitions
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/bill/119/hr/7399/ih/section-102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this title: The term personalized recommendation system means a fully or partially automated system used to suggest, promote, or rank content, including other users or posts, based on the personal data of users. The term child means an individual under the age of 13. The term Commission means the Federal Trade Commission. The term know or knows means to have actual knowledge or knowledge fairly implied on the basis of objective circumstances. 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 social media platform means a public-facing website, online service, online application, or mobile application that— is directed to consumers; collects personal data; primarily derives revenue from advertising or the sale of personal data; and as its primary function provides a community forum for user-generated content, including messages, videos, and audio files among users where such content is primarily intended for viewing, resharing, or platform-enabled distributed social endorsement or comment.
The term social medial platform does not include a platform that, as its primary function for consumers, provides or facilitates any of the following: The purchase and sale of commercial goods. Teleconferencing or videoconferencing services that allow reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access. Crowd-sourced reference guides such as encyclopedias and dictionaries.
Cloud storage, file sharing, or file collaboration services, including such services that allow collaborative editing by invited users. The playing or creation of video games. Content that consists primarily of news, sports, sports coverage, entertainment, or other information or content that is not user-generated but is preselected by the platform and for which any chat, comment, or interactive functionality is incidental, directly related to, or dependent on the provision of the content provided by the platform.
Business, product, or travel information including user reviews or rankings of such businesses, products, or other travel information. Educational information, experiences, training, or instruction provided to build knowledge, skills, or a craft, district-sanctioned or school-sanctioned learning management systems and school information systems for the purposes of schools conveying content related to the education of students, or services or services on behalf of or in support of an elementary school or secondary school, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).
An email service. A wireless messaging service, including such a service provided through short message service or multimedia messaging protocols, that is not a component of, or linked to, a social media platform and where the predominant or exclusive function of the messaging service 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 the recipient and are not posted publicly or within a social media platform.
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). A virtual private network or similar service that exists solely to route internet traffic between locations. The term teen means an individual over the age of 12 and under the age of 17. The term user means, with respect to a social media platform, an individual who registers an account or creates a profile on the social media platform.
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