Kids Online Safety Act
Sponsored By: Representative Bilirakis
In Committee
Summary
Protecting minors on social platforms. This bill would require covered platforms that host user-generated content and use engagement design or personal data for ads to adopt strong default safeguards and parental controls. It would also require audits, limit certain advertising to minors, and authorize FTC enforcement.
Show full summary
- Families and parents: Parents would get robust tools to view and change privacy and account settings, restrict purchases and financial transactions, and see metrics of time spent. Platforms must provide notice to parents and make reasonable efforts to obtain verifiable parental consent consistent with COPPA.
- Children and minors: Child accounts (under age 13) would have the most protective safeguards enabled by default and an option to limit time and reduce compulsive design features. Platforms must adopt policies addressing threats of violence, sexual exploitation, drug and alcohol promotion, gambling, and financial deception.
- Platforms and audits: Covered platforms would need written policies, reporting systems with substantive replies within 10 days, and independent third-party audits not later than 1 year after enactment and annually thereafter. Audit reports must include counts of U.S. minors, time-spent metrics, safeguards usage, and data practices and be submitted to the Federal Trade Commission within 30 days after completion.
- Enforcement and states: The Federal Trade Commission would have authority to enforce violations under its existing powers. State attorneys general could bring civil actions but must notify the FTC first and face limits while a federal action is pending.
- Kids Online Safety Council: The Department of Commerce would host a council to study risks and recommend standards. Appointments must be made within 180 days after the Act's effective date and the council must deliver a final report within 3 years and then terminate.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 4 benefits, 0 costs, 1 mixed.
New safety rules for kids online
If enacted, the bill would require covered platforms to set rules to protect minors. Platforms would have to address threats, sexual exploitation, drug and alcohol content, gambling, and deceptive financial practices. Platforms would have default protective settings and time limits for users the platform knows are children. Parents would get tools to view and control accounts for children under 13 and platforms would use COPPA-style verifiable parental consent for child accounts. Platforms would also be banned from advertising certain products to known minors. These rules would generally take effect 18 months after enactment.
Annual outside audits of platforms
If enacted, each covered platform would need an independent third-party audit within one year of enactment and every year after. Audits would report things like the number of U.S. minor users, average time spent, policies and safeguards, counts of parental-tool use, and number of reports received. Platforms would have to give auditors needed access and would send audit results to the Commission within 30 days after each audit finishes.
FTC and state enforcement powers
If enacted, violations of the Act would be treated as violations under the FTC Act and the Federal Trade Commission could use its full enforcement powers. Those FTC powers would take effect 18 months after enactment. State attorneys general could also sue on behalf of residents, but they generally must notify the Commission and the Commission may intervene. A state usually could not bring the same case while a federal action is pending against the same defendant.
Federal rules override state laws
If enacted, the bill would bar States and localities from making or enforcing laws that relate to this Act. That means a single national rule set would apply starting 18 months after enactment. The effect on residents would vary depending on whether prior state rules were stronger or weaker.
New Kids Online Safety Council
If enacted, the Secretary of Commerce would create a Kids Online Safety Council to advise Congress about risks and benefits to minors online. Appointments would be made within 180 days after the Act takes effect. The Council would give a final report within three years and would end 30 days after submitting that report. The Federal Advisory Committee Act would not apply to the Council.
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Sponsors & CoSponsors
Sponsor
Bilirakis
FL • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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