“To prohibit market or product-focused research on children and minors, and for other purposes.”
No CRS summary available for this bill.
This section provides definitions for terms used in the Act, including “child” as an individual under the age of 13; “teen” as an individual over the age of 13 and under the age of 17; “covered platform” as a publicly available internet-connected website, software, application, or electronic service that (among other requirements) facilitates user-generated content as its predominant purpose, promotes user engagement via design features, and uses personal information for advertising, marketing, or content recommendations; and “design feature” as any platform component encouraging increased frequency, time spent, or activity by a minor (e.g., infinite scrolling, autoplay, notifications, rewards, badges, or appearance-altering filters). It further defines “knows” as having actual knowledge or acting in willful disregard; “parent” as the legal guardian of a minor; “user” as an individual registering an account or creating a profile on a covered platform; “state” to encompass states, the District of Columbia, territories, possessions, and federally recognized Indian tribes; and “Commission” as the Federal Trade Commission; and cross-references the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501) for “personal information” and “verifiable parental consent.”
This section prohibits a covered platform from conducting market or product-focused research on a known child user or visitor and limits such research on a known teen user or visitor to cases with verifiable parental consent. It clarifies that nothing in the Act limits processing personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including through independent measurement.
This section provides that violations of the Act are treated as violations of a rule under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) (i.e., Commission-promulgated rules defining unfair or deceptive acts or practices) and authorizes the Federal Trade Commission (FTC) to enforce the Act using all powers, jurisdiction, duties, penalties, privileges, and immunities provided under the FTC Act (15 U.S.C. 41 et seq.). The section further authorizes state attorneys general (or state officials or agencies) to bring civil parens patriae actions in state or federal court on behalf of state residents to enjoin violations, enforce compliance, obtain damages or restitution, or secure other relief; requires prior (or immediate post-filing) notice to the FTC, which may intervene and be heard (including on appeal); and prohibits state actions against defendants named in a pending FTC or DOJ civil action alleging the same violation. (Thus, states retain preexisting investigative powers under state law.)
This section establishes rules of construction providing that nothing in the Act (1) limits or impairs the Children’s Online Privacy Protection Act of 1998 (COPPA, which authorizes FTC regulations protecting the online privacy of children under 13), or any rule or regulation promulgated thereunder; or (2) authorizes any action in conflict with section 18(h) of the Federal Trade Commission Act (i.e., the prohibition on Commission trade regulation rules defining unfair or deceptive acts or practices based on advertising to children).
This section preempts state and local laws, rules, regulations, requirements, standards, or other provisions relating to this Act.