WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) The legislature finds that (1) minors in the state increasingly access online platforms that use design features intended to maximize engagement and time spent on the platform; (2) excessive and compulsive use of certain online platforms by minors is associated with increased risks of anxiety, depression, sleep disruption, diminished attention, and exposure to harmful content; (3) minors are uniquely vulnerable to manipulative design practices and extensive data collection because of their developmental stage; (4) parents and guardians have a fundamental role in directing the upbringing, health, and welfare of their children; and (5) the state has a compelling interest in protecting the health, safety, and privacy of minors.
(b) It is the intent of the legislature that this Act (1) regulate commercial conduct and product design, not the content of speech; (2) protect minors while respecting constitutional free speech protections; (3) empower parents and guardians to make informed decisions regarding their children's use of online platforms; (4) be narrowly tailored to identified harms; and (5) align with emerging federal and state efforts to protect minors online.
Section 1 sets out the legislature's findings regarding the harms of excessive social media use by minors and its intent that the Act regulate commercial conduct and product design rather than speech content. These are legislative findings only and create no compliance obligations.
(58) violating AS 45.50.650 (social media for minors).
Section 2 amends Alaska's Unfair Trade Practices and Consumer Protection Act to add a violation of AS 45.50.650 (the new social media for minors protections) as an enumerated unfair trade practice. This is an enforcement mechanism, not a standalone compliance obligation.
(a) 1 A social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) shall by default provide a known minorknown minor"known minor" means a user of a social media platform that the social media platform knows or reasonably should know is under 18 years of age based on account information or reasonable age assurance practices;AS 45.50.680(2) who is a resident of the state with a content delivery system that does not use addictive design featuresaddictive design feature"addictive design feature" means (A) content that loads continuously or as the user scrolls down the page, without the need to open a separate page; (B) pages with no visible or apparent end or page breaks; (C) video that begins to play automatically or without the user first clicking on the video or on a play button for that video; or (D) any other feature that the attorney general determines by regulation encourages prolonged or compulsive use of a social media platform;AS 45.50.680(1). A social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) may provide a minor with a content delivery system that uses an addictive design featureaddictive design feature"addictive design feature" means (A) content that loads continuously or as the user scrolls down the page, without the need to open a separate page; (B) pages with no visible or apparent end or page breaks; (C) video that begins to play automatically or without the user first clicking on the video or on a play button for that video; or (D) any other feature that the attorney general determines by regulation encourages prolonged or compulsive use of a social media platform;AS 45.50.680(1) only after obtaining parental consent. A social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) may not use a coercive or deceptive design feature or interface to discourage a minor or a parent or guardian of the minor from selecting or maintaining a content delivery system without addictive design featuresaddictive design feature"addictive design feature" means (A) content that loads continuously or as the user scrolls down the page, without the need to open a separate page; (B) pages with no visible or apparent end or page breaks; (C) video that begins to play automatically or without the user first clicking on the video or on a play button for that video; or (D) any other feature that the attorney general determines by regulation encourages prolonged or compulsive use of a social media platform;AS 45.50.680(1).
(b) 2 A social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) may not send to a known minorknown minor"known minor" means a user of a social media platform that the social media platform knows or reasonably should know is under 18 years of age based on account information or reasonable age assurance practices;AS 45.50.680(2) who is a resident of the state notifications during school hours designated by a parent or guardian or between the hours of 10:00 p.m. and 7:00 a.m. A parent or guardian of the minor may opt out of the notification restrictions in this subsection. The notification restrictions in this subsection do not apply to notifications necessary for account security, authentication, safety, or emergency purposes.
(c)(1) 3 A social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) may not, for a known minorknown minor"known minor" means a user of a social media platform that the social media platform knows or reasonably should know is under 18 years of age based on account information or reasonable age assurance practices;AS 45.50.680(2) who is a resident of the state, direct targeted advertising at the minor;
(c)(2)–(3) 4 A social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) may not, for a known minorknown minor"known minor" means a user of a social media platform that the social media platform knows or reasonably should know is under 18 years of age based on account information or reasonable age assurance practices;AS 45.50.680(2) who is a resident of the state, (2) collect or retain the minor's personal data beyond the extent reasonably necessary to provide the social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) to the minor; (3) collect, retain, or share precise location data of the minor;
(c)(4) 5 A social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) may not, for a known minorknown minor"known minor" means a user of a social media platform that the social media platform knows or reasonably should know is under 18 years of age based on account information or reasonable age assurance practices;AS 45.50.680(2) who is a resident of the state, make the minor's account visible to the public by default.
(d) 6 Parental consent required under this section must be verifiable and use reasonable and privacy-protective methods.
This is the core operative section of the bill. It imposes four categories of obligations on social media platforms with respect to known minors who are Alaska residents: (1) a default non-addictive content delivery system with parental consent required to enable addictive features, coupled with a prohibition on coercive or deceptive design to steer users away from the non-addictive default; (2) notification curfews during school hours and overnight, subject to parental opt-out and safety exceptions; (3) a set of data and privacy restrictions — no targeted advertising, data minimization, no precise location data collection or sharing, and no public-by-default accounts; and (4) a requirement that parental consent be verifiable and privacy-protective.
The obligations apply only to known minors — users the platform knows or reasonably should know are under 18 based on account information or reasonable age assurance practices. The bill does not mandate affirmative age verification for all users.
(a) In addition to the remedies available to the attorney general under AS 45.50.471 - 45.50.561, a court may award punitive damages if a social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) has engaged in a pattern of knowingly or recklessly violating AS 45.50.650.
(b) Notwithstanding AS 45.50.531 and 45.50.535, a private person may not bring an action under AS 45.50.471 - 45.50.561 for a violation of AS 45.50.650.
(c) The attorney general may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement AS 45.50.650 - 45.50.680, including regulations establishing reasonable age assurance practices, specifying the form and content of the annual report required under AS 45.50.670, establishing practices for obtaining verifiable parental consent, and designating additional addictive design featuresaddictive design feature"addictive design feature" means (A) content that loads continuously or as the user scrolls down the page, without the need to open a separate page; (B) pages with no visible or apparent end or page breaks; (C) video that begins to play automatically or without the user first clicking on the video or on a play button for that video; or (D) any other feature that the attorney general determines by regulation encourages prolonged or compulsive use of a social media platform;AS 45.50.680(1) that encourage prolonged or compulsive use of a social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3).
Section 45.50.660 establishes the enforcement framework. It supplements existing attorney general remedies under Alaska's UTPA with the availability of punitive damages for patterns of knowing or reckless violations. It expressly bars private actions. It grants the attorney general rulemaking authority to implement the article, including regulations on age assurance, annual report content, parental consent practices, and designation of additional addictive design features.
(a) 7 A social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) with users who are known minorsknown minor"known minor" means a user of a social media platform that the social media platform knows or reasonably should know is under 18 years of age based on account information or reasonable age assurance practices;AS 45.50.680(2) and residents of the state shall submit an annual report to the attorney general that includes (1) a description of design features used by the platform that may affect minors; (2) a description of measures taken to mitigate harm to minors; (3) a summary of data collection and privacy practices relating to minors; and (4) a description of any internal assessments conducted regarding engagement or wellbeing of minors.
(b) 7 The attorney general may not require a social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) to disclose proprietary algorithms or trade secrets in the report submitted under this section.
Section 45.50.670 imposes an annual reporting obligation on social media platforms with known minor users who are Alaska residents. Platforms must submit a report to the attorney general covering design features affecting minors, harm mitigation measures, minor data practices, and internal engagement or wellbeing assessments. The attorney general may not require disclosure of proprietary algorithms or trade secrets in the report.
(1) "addictive design featureaddictive design feature"addictive design feature" means (A) content that loads continuously or as the user scrolls down the page, without the need to open a separate page; (B) pages with no visible or apparent end or page breaks; (C) video that begins to play automatically or without the user first clicking on the video or on a play button for that video; or (D) any other feature that the attorney general determines by regulation encourages prolonged or compulsive use of a social media platform;AS 45.50.680(1)" means (A) content that loads continuously or as the user scrolls down the page, without the need to open a separate page; (B) pages with no visible or apparent end or page breaks; (C) video that begins to play automatically or without the user first clicking on the video or on a play button for that video; or (D) any other feature that the attorney general determines by regulation encourages prolonged or compulsive use of a social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3);
(2) "known minorknown minor"known minor" means a user of a social media platform that the social media platform knows or reasonably should know is under 18 years of age based on account information or reasonable age assurance practices;AS 45.50.680(2)" means a user of a social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) that the social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3) knows or reasonably should know is under 18 years of age based on account information or reasonable age assurance practices;
(3) "social media platformsocial media platform"social media platform" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.AS 45.50.680(3)" (A) means a public-facing website, application, or digital service that allows users to create accounts or profiles for social interaction, content sharing, or media consumption and uses an algorithmic system to recommend, rank, or amplify content; (B) does not include an online service, website, or application in which the exclusive function is electronic mail or direct messaging consisting of text, images, or videos shared only between the sender and the recipient, without displaying or posting publicly or to other users not specifically identified as recipients by the sender.
Section 45.50.680 defines the three key terms used throughout the article: addictive design feature, known minor, and social media platform. The addictive design feature definition is enumerated (infinite scroll, endless pages, autoplay) with a regulatory expansion hook allowing the attorney general to designate additional features. The known minor definition uses a constructive-knowledge standard. The social media platform definition requires an algorithmic content recommendation system and carves out email and direct messaging services.