S. 278 — Kids Off Social Media Act

This section defines eight terms for purposes of the title, including (1) personalized recommendation system as a fully or partially automated system used to suggest, promote, or rank content based on users' personal data; (2) child as an individual under the age of 13; (3) Commission as the Federal Trade Commission; (4) know or knows as having actual knowledge or knowledge fairly implied on the basis of objective circumstances; (5) personal data as having the same meaning as personal information under the Children's Online Privacy Protection Act (COPPA, 15 U.S.C. 6501); (6) social media platform as a consumer-directed website, online service, or application that primarily facilitates user-generated content communities (e.g., messages, videos, audio) and derives revenue primarily from advertising or data sales, excluding platforms primarily providing e-commerce, videoconferencing, encyclopedias, cloud storage, gaming, news, reviews, education, email, messaging, broadband, or VPN services; (7) teen as an individual over the age of 12 and under the age of 17; and (8) user as an individual with a registered account or profile on a social media platform.

This section prohibits social media platforms from permitting a child under 13 to create or maintain an account or profile if the platform knows the individual is such a child and requires platforms to terminate any existing accounts or profiles of known children under 13. Upon termination, the section requires platforms to immediately delete all personal data collected from or submitted by the child, subject to a 90-day period during which the child may request a copy of the data in a readable, portable, machine-readable format (to the extent technically feasible and not in violation of licensing agreements). Platforms may retain a record of the termination and minimum information necessary for compliance purposes.

This section prohibits social media platforms from using the personal data of known children or teens in personalized recommendation systems (i.e., algorithms curating content feeds based on user data) to display content, with an exception allowing use of limited data (device type, communication languages, city or town location, child/teen status, or age). The prohibition does not apply to (1) search results from deliberate user searches or requests (using only permitted data); (2) reasonable measures to block or detect unlawful or obscene material, spam, security threats, or criminal activity; or (3) chronologically displaying user-generated content selected, followed, or subscribed to by a teen.

This section establishes standards for the Federal Trade Commission or a state attorney general to determine whether a social media platform has knowledge fairly implied, based on objective circumstances, that a user is a child or teen—relying on competent evidence and the totality of circumstances, including what a reasonable and prudent person would know. It clarifies that platforms are not required to implement age gating or verification or to collect user age data beyond what they already collect in the normal course of business. It further restricts any voluntarily collected compliance data to compliance purposes only, prohibiting other uses and requiring retention only as long as necessary to comply or demonstrate compliance.

This section establishes Federal Trade Commission (FTC) enforcement of the title by treating violations as a rule defining unfair or deceptive acts or practices under section 18(a)(1)(B) of the FTC Act (15 U.S.C. 57a(a)(1)(B)), granting the agency the same powers, jurisdiction, duties, penalties, privileges, and immunities as under the FTC Act (15 U.S.C. 41 et seq.), and preserving its other statutory authorities. The section further authorizes state attorneys general to bring civil parens patriae actions in federal district court (or other competent court) against social media platforms for violations threatening or affecting state residents, seeking injunctions, compliance, damages or restitution (distributed per state law), or other relief. State actions require prior written notice to the FTC (including the complaint, unless infeasible), allow FTC intervention with full participatory and appellate rights, preserve state investigatory powers, prohibit parallel state suits during pendency of FTC actions against the same defendant, and permit venue under 28 U.S.C. 1391 with nationwide service of process.

This section provides that the provisions of this title preempt any conflicting state law, rule, or regulation but do not prohibit states from enacting laws, rules, or regulations providing greater protection to children or teens. The section further states that the title does not affect the Family Educational Rights and Privacy Act (20 U.S.C. 1232g) or the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) and does not authorize any action conflicting with section 18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).

This section amends the Children’s Internet Protection Act (CIPA; title XVII of P.L. 106-554) to require elementary and secondary schools receiving E-rate broadband discounts under section 254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5))—which currently mandates certifications of internet safety policies blocking obscene and child pornography content for minors—to certify to the Federal Communications Commission (FCC) that they enforce policies blocking student access to social media platforms (i.e., public websites, services, or apps primarily hosting user-generated content such as messages, videos, images, and audio, excluding email, news sites, non-commercial educational services, direct messaging, video conferencing, B2B software, and nonprofits) on school-supported services, devices, and networks. Schools must implement monitoring of online activities and technology protection measures (i.e., filters or blockers) during student use, with certifications due within 120 days of the first E-rate funding year after enactment of the Eyes on the Board Act of 2025 and annually thereafter as part of funding applications. (Thus, noncompliance bars E-rate discounts, though the provision permits teacher use of social media for instruction and school-sanctioned learning management systems.)

This section revises internet safety policy requirements under the schools and libraries universal service support mechanism (i.e., E-rate discounts for telecommunications and internet access services). Specifically, it (1) requires schools to submit copies of their adopted and implemented internet safety policies to the FCC along with certifications and directs the FCC to establish a public, easily accessible database of submitted policies; and (2) requires libraries to provide copies of their adopted internet safety policies to the FCC upon request for Commission review purposes.