WHAT THIS BILL REGULATES · 2 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.
This act may be cited as the "stop addictive feedsAddictive feed"Addictive feed" means, except as otherwise provided in section 5, an internet website, online service, online application, or mobile application, or a portion thereof, in which multiple pieces of media generated or shared by users of the internet website, online service, online application, or mobile application, either concurrently or sequentially, are recommended, selected, or prioritized for display to a user based, in whole or in part, on information associated with the user or the user's device.Sec. 3(a) exploitation for kids act".
Establishes the short title of the act as the Stop Addictive Feeds Exploitation for Kids Act. No compliance obligations are imposed.
(a) "Addictive feedAddictive feed"Addictive feed" means, except as otherwise provided in section 5, an internet website, online service, online application, or mobile application, or a portion thereof, in which multiple pieces of media generated or shared by users of the internet website, online service, online application, or mobile application, either concurrently or sequentially, are recommended, selected, or prioritized for display to a user based, in whole or in part, on information associated with the user or the user's device.Sec. 3(a)" means, except as otherwise provided in section 5, an internet website, online serviceOnline service"Online service" means a service, product, or feature that is accessible to the public via the internet. Online service includes an internet website or application. Online service does not include any of the following: (i) A telecommunications service as that term is defined in 47 USC 153. (ii) A broadband internet access service as that term is defined in 47 CFR 8.1. (iii) The sale, delivery, or use of a physical device.Sec. 3(g), online application, or mobile application, or a portion thereof, in which multiple pieces of mediaMedia"Media" means text, an image, or a video.Sec. 3(e) generated or shared by users of the internet website, online serviceOnline service"Online service" means a service, product, or feature that is accessible to the public via the internet. Online service includes an internet website or application. Online service does not include any of the following: (i) A telecommunications service as that term is defined in 47 USC 153. (ii) A broadband internet access service as that term is defined in 47 CFR 8.1. (iii) The sale, delivery, or use of a physical device.Sec. 3(g), online application, or mobile application, either concurrently or sequentially, are recommended, selected, or prioritized for display to a userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) based, in whole or in part, on information associated with the userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) or the userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j)'s device.
(b) "Addictive internet-based service or applicationAddictive internet-based service or application"Addictive internet-based service or application" means an internet website, online service, online application, or mobile application that offers or provides a user an addictive feed as a significant part of the services provided by that internet website, online service, online application, or mobile application. Addictive internet-based service or application does not include any of the following: (i) An internet website, online service, online application, or mobile application that operates a feed for the primary purpose of cloud storage. (ii) An internet website, online service, online application, or mobile application for which interactions between users are limited to commercial transactions or to consumer reviews of products, sellers, services, events, or places, or any combination thereof.Sec. 3(b)" means an internet website, online serviceOnline service"Online service" means a service, product, or feature that is accessible to the public via the internet. Online service includes an internet website or application. Online service does not include any of the following: (i) A telecommunications service as that term is defined in 47 USC 153. (ii) A broadband internet access service as that term is defined in 47 CFR 8.1. (iii) The sale, delivery, or use of a physical device.Sec. 3(g), online application, or mobile application that offers or provides a userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) an addictive feedAddictive feed"Addictive feed" means, except as otherwise provided in section 5, an internet website, online service, online application, or mobile application, or a portion thereof, in which multiple pieces of media generated or shared by users of the internet website, online service, online application, or mobile application, either concurrently or sequentially, are recommended, selected, or prioritized for display to a user based, in whole or in part, on information associated with the user or the user's device.Sec. 3(a) as a significant part of the services provided by that internet website, online serviceOnline service"Online service" means a service, product, or feature that is accessible to the public via the internet. Online service includes an internet website or application. Online service does not include any of the following: (i) A telecommunications service as that term is defined in 47 USC 153. (ii) A broadband internet access service as that term is defined in 47 CFR 8.1. (iii) The sale, delivery, or use of a physical device.Sec. 3(g), online application, or mobile application. Addictive internet-based service or applicationAddictive internet-based service or application"Addictive internet-based service or application" means an internet website, online service, online application, or mobile application that offers or provides a user an addictive feed as a significant part of the services provided by that internet website, online service, online application, or mobile application. Addictive internet-based service or application does not include any of the following: (i) An internet website, online service, online application, or mobile application that operates a feed for the primary purpose of cloud storage. (ii) An internet website, online service, online application, or mobile application for which interactions between users are limited to commercial transactions or to consumer reviews of products, sellers, services, events, or places, or any combination thereof.Sec. 3(b) does not include any of the following: (i) An internet website, online serviceOnline service"Online service" means a service, product, or feature that is accessible to the public via the internet. Online service includes an internet website or application. Online service does not include any of the following: (i) A telecommunications service as that term is defined in 47 USC 153. (ii) A broadband internet access service as that term is defined in 47 CFR 8.1. (iii) The sale, delivery, or use of a physical device.Sec. 3(g), online application, or mobile application that operates a feed for the primary purpose of cloud storage. (ii) An internet website, online serviceOnline service"Online service" means a service, product, or feature that is accessible to the public via the internet. Online service includes an internet website or application. Online service does not include any of the following: (i) A telecommunications service as that term is defined in 47 USC 153. (ii) A broadband internet access service as that term is defined in 47 CFR 8.1. (iii) The sale, delivery, or use of a physical device.Sec. 3(g), online application, or mobile application for which interactions between usersUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) are limited to commercial transactions or to consumer reviews of products, sellers, services, events, or places, or any combination thereof.
(c) "Covered minorCovered minor"Covered minor" means a resident of this state who is a user of an addictive internet-based service or application that a covered operator has actual knowledge or knowledge fairly implied on the basis of objective circumstances is a minor.Sec. 3(c)" means a resident of this state who is a user of an addictive internet-based service or applicationAddictive internet-based service or application"Addictive internet-based service or application" means an internet website, online service, online application, or mobile application that offers or provides a user an addictive feed as a significant part of the services provided by that internet website, online service, online application, or mobile application. Addictive internet-based service or application does not include any of the following: (i) An internet website, online service, online application, or mobile application that operates a feed for the primary purpose of cloud storage. (ii) An internet website, online service, online application, or mobile application for which interactions between users are limited to commercial transactions or to consumer reviews of products, sellers, services, events, or places, or any combination thereof.Sec. 3(b) that a covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) has actual knowledge or knowledge fairly implied on the basis of objective circumstances is a minorMinor"Minor" means an individual who is less than 18 years of age and who is not emancipated by court order under section 4 of 1968 PA 293, MCL 722.4.Sec. 3(f).
(d) "Covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d)" means a personPerson"Person" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity.Sec. 3(i) that operates or provides an addictive internet-based service or applicationAddictive internet-based service or application"Addictive internet-based service or application" means an internet website, online service, online application, or mobile application that offers or provides a user an addictive feed as a significant part of the services provided by that internet website, online service, online application, or mobile application. Addictive internet-based service or application does not include any of the following: (i) An internet website, online service, online application, or mobile application that operates a feed for the primary purpose of cloud storage. (ii) An internet website, online service, online application, or mobile application for which interactions between users are limited to commercial transactions or to consumer reviews of products, sellers, services, events, or places, or any combination thereof.Sec. 3(b).
(e) "MediaMedia"Media" means text, an image, or a video.Sec. 3(e)" means text, an image, or a video.
(f) "MinorMinor"Minor" means an individual who is less than 18 years of age and who is not emancipated by court order under section 4 of 1968 PA 293, MCL 722.4.Sec. 3(f)" means an individual who is less than 18 years of age and who is not emancipated by court order under section 4 of 1968 PA 293, MCL 722.4.
(g) "Online serviceOnline service"Online service" means a service, product, or feature that is accessible to the public via the internet. Online service includes an internet website or application. Online service does not include any of the following: (i) A telecommunications service as that term is defined in 47 USC 153. (ii) A broadband internet access service as that term is defined in 47 CFR 8.1. (iii) The sale, delivery, or use of a physical device.Sec. 3(g)" means a service, product, or feature that is accessible to the public via the internet. Online serviceOnline service"Online service" means a service, product, or feature that is accessible to the public via the internet. Online service includes an internet website or application. Online service does not include any of the following: (i) A telecommunications service as that term is defined in 47 USC 153. (ii) A broadband internet access service as that term is defined in 47 CFR 8.1. (iii) The sale, delivery, or use of a physical device.Sec. 3(g) includes an internet website or application. Online serviceOnline service"Online service" means a service, product, or feature that is accessible to the public via the internet. Online service includes an internet website or application. Online service does not include any of the following: (i) A telecommunications service as that term is defined in 47 USC 153. (ii) A broadband internet access service as that term is defined in 47 CFR 8.1. (iii) The sale, delivery, or use of a physical device.Sec. 3(g) does not include any of the following: (i) A telecommunications service as that term is defined in 47 USC 153. (ii) A broadband internet access service as that term is defined in 47 CFR 8.1. (iii) The sale, delivery, or use of a physical device.
(h) "ParentParent"Parent" means a parent or legal guardian of a minor.Sec. 3(h)" means a parentParent"Parent" means a parent or legal guardian of a minor.Sec. 3(h) or legal guardian of a minorMinor"Minor" means an individual who is less than 18 years of age and who is not emancipated by court order under section 4 of 1968 PA 293, MCL 722.4.Sec. 3(f).
(i) "PersonPerson"Person" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity.Sec. 3(i)" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity.
(j) "UserUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j)" means an individual who uses an addictive internet-based service or applicationAddictive internet-based service or application"Addictive internet-based service or application" means an internet website, online service, online application, or mobile application that offers or provides a user an addictive feed as a significant part of the services provided by that internet website, online service, online application, or mobile application. Addictive internet-based service or application does not include any of the following: (i) An internet website, online service, online application, or mobile application that operates a feed for the primary purpose of cloud storage. (ii) An internet website, online service, online application, or mobile application for which interactions between users are limited to commercial transactions or to consumer reviews of products, sellers, services, events, or places, or any combination thereof.Sec. 3(b) and is not acting as a covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d), or an agent or affiliate of a covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d).
Section 3 establishes the definitions used throughout the act. Key terms include addictive feed, which targets algorithmically personalized content feeds, addictive internet-based service or application, which is the regulated platform type, covered operator, which is the regulated entity, and covered minor, which requires actual knowledge or knowledge fairly implied on the basis of objective circumstances that a user is a minor. The knowledge standard for covered-minor status is notably lower than actual knowledge alone — operators cannot avoid obligations by willfully ignoring objective indicators of minor status.
(a)–(g) A feed is not considered an addictive feedAddictive feed"Addictive feed" means, except as otherwise provided in section 5, an internet website, online service, online application, or mobile application, or a portion thereof, in which multiple pieces of media generated or shared by users of the internet website, online service, online application, or mobile application, either concurrently or sequentially, are recommended, selected, or prioritized for display to a user based, in whole or in part, on information associated with the user or the user's device.Sec. 3(a) if the mediaMedia"Media" means text, an image, or a video.Sec. 3(e) is displayed to the userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) based solely on 1 or more of the following conditions: (a) The recommendation, prioritization, or selection of mediaMedia"Media" means text, an image, or a video.Sec. 3(e) is based on userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j)-selected privacy or accessibility settings or technical information concerning a userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j)'s device. (b) A userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) expressly and unambiguously requested any of the following be recommended, prioritized, or selected for display: (i) A specific mediaMedia"Media" means text, an image, or a video.Sec. 3(e). (ii) MediaMedia"Media" means text, an image, or a video.Sec. 3(e) by a specific author, creator, or poster that the userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) has subscribed to. (iii) MediaMedia"Media" means text, an image, or a video.Sec. 3(e) shared by other usersUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) in a page or group that the userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) has subscribed to. (c) The mediaMedia"Media" means text, an image, or a video.Sec. 3(e) is a part of a direct and private communication. (d) The mediaMedia"Media" means text, an image, or a video.Sec. 3(e) is recommended, selected, or prioritized only in response to a specific search inquiry by a userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j). (e) The mediaMedia"Media" means text, an image, or a video.Sec. 3(e) that is recommended, selected, or prioritized for display is next in a preexisting sequence from the same author, creator, poster, or source of that mediaMedia"Media" means text, an image, or a video.Sec. 3(e). (f) The recommendation, prioritization, or selection of mediaMedia"Media" means text, an image, or a video.Sec. 3(e) is necessary to comply with this act or any rules promulgated under this act. (g) The recommendation, prioritization, or selection of mediaMedia"Media" means text, an image, or a video.Sec. 3(e) is primarily prioritized based on userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) survey or userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) ratings data.
Section 5 carves out categories of content display that do not constitute an addictive feed, thereby narrowing the scope of the act's prohibition. Exempt categories include feeds based solely on user-selected privacy or accessibility settings, device technical information, express user subscriptions, direct and private communications, responses to specific search queries, sequential content from the same source, compliance with the act, and feeds primarily prioritized on user survey or ratings data. These exclusions collectively exempt chronological, subscription-based, and search-driven content delivery from the definition of addictive feed.
(1)–(2) 1 Subject to subsection (2), a covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) shall not provide an addictive feedAddictive feed"Addictive feed" means, except as otherwise provided in section 5, an internet website, online service, online application, or mobile application, or a portion thereof, in which multiple pieces of media generated or shared by users of the internet website, online service, online application, or mobile application, either concurrently or sequentially, are recommended, selected, or prioritized for display to a user based, in whole or in part, on information associated with the user or the user's device.Sec. 3(a) to a userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j). (2) A covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) may provide an addictive feedAddictive feed"Addictive feed" means, except as otherwise provided in section 5, an internet website, online service, online application, or mobile application, or a portion thereof, in which multiple pieces of media generated or shared by users of the internet website, online service, online application, or mobile application, either concurrently or sequentially, are recommended, selected, or prioritized for display to a user based, in whole or in part, on information associated with the user or the user's device.Sec. 3(a) to a userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) if 1 of the following applies: (a) The covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) has used commercially reasonable and technically feasible methods to determine that the covered userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) is not a minorMinor"Minor" means an individual who is less than 18 years of age and who is not emancipated by court order under section 4 of 1968 PA 293, MCL 722.4.Sec. 3(f). (b) The covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) has obtained verifiable parental consent to provide an addictive feedAddictive feed"Addictive feed" means, except as otherwise provided in section 5, an internet website, online service, online application, or mobile application, or a portion thereof, in which multiple pieces of media generated or shared by users of the internet website, online service, online application, or mobile application, either concurrently or sequentially, are recommended, selected, or prioritized for display to a user based, in whole or in part, on information associated with the user or the user's device.Sec. 3(a) to a covered minorCovered minor"Covered minor" means a resident of this state who is a user of an addictive internet-based service or application that a covered operator has actual knowledge or knowledge fairly implied on the basis of objective circumstances is a minor.Sec. 3(c).
Section 7 contains the act's central prohibition: a covered operator may not provide an addictive feed to any user unless it has either (a) used commercially reasonable and technically feasible methods to determine the user is not a minor, or (b) obtained verifiable parental consent. This effectively creates a default-off rule — algorithmic feeds are prohibited unless the operator affirmatively verifies adult status or secures parental authorization. The commercially reasonable standard for age determination will be further defined by attorney general rulemaking under Section 15.
2 A covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) shall not send a notification concerning an addictive feedAddictive feed"Addictive feed" means, except as otherwise provided in section 5, an internet website, online service, online application, or mobile application, or a portion thereof, in which multiple pieces of media generated or shared by users of the internet website, online service, online application, or mobile application, either concurrently or sequentially, are recommended, selected, or prioritized for display to a user based, in whole or in part, on information associated with the user or the user's device.Sec. 3(a) to a covered minorCovered minor"Covered minor" means a resident of this state who is a user of an addictive internet-based service or application that a covered operator has actual knowledge or knowledge fairly implied on the basis of objective circumstances is a minor.Sec. 3(c) between 10 p.m. and 6 a.m. and, on a weekday from September 1 to May 31, between 8 a.m. and 4 p.m.
Section 9 prohibits covered operators from sending notifications concerning an addictive feed to a covered minor during overnight hours (10 p.m. to 6 a.m.) and during weekday school hours (8 a.m. to 4 p.m., September 1 through May 31). The school-hours restriction is seasonal, aligning with the typical academic year. This is a strict prohibition — no parental opt-out is provided.
(1) 3 If a covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) collects information to determine the age of a userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) under section 7(2)(a), a covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) shall not use that information for any purpose other than to determine the age of the userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j). A covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) shall delete any information collected to determine the age of a userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) under section 7(2)(a) immediately after an attempt to determine the age of the userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j), except if necessary to comply with any applicable laws.
(2) 4 A covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) shall not use information that is collected to obtain verifiable parental consent under section 7(2)(b) for any purpose other than to obtain verifiable parental consent. A covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) shall delete information collected to obtain verifiable parental consent under section 7(2)(b) immediately after an attempt to obtain verifiable parental consent, except if necessary to comply with any applicable laws.
Section 11 imposes strict data-minimization and purpose-limitation requirements on information collected during age verification and parental consent processes. Covered operators must use age-verification data solely to determine user age and delete it immediately after the determination attempt. The same restrictions apply to parental-consent data — it may only be used to obtain consent and must be deleted immediately afterward. A narrow exception permits retention where necessary to comply with other applicable laws.
(1) This act does not require a covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) to give a parentParent"Parent" means a parent or legal guardian of a minor.Sec. 3(h) who grants verifiable parental consent under section 7(2)(b) any additional or special access to or control over the data or accounts of the parentParent"Parent" means a parent or legal guardian of a minor.Sec. 3(h)'s child.
(2) 5 A covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) shall not withhold, degrade, lower the quality, or increase the price of a product, service, or feature, other than as necessary to comply with this act or rules promulgated under this act, for a userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) because of an individual availing the individual's self of the rights provided by this act or due to any restrictions provided under this act.
(3) Verifiable parental consent under section 7(2)(b) does not waive, release, limit, or serve as a defense to a claim that a parentParent"Parent" means a parent or legal guardian of a minor.Sec. 3(h) or a userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) who is a minorMinor"Minor" means an individual who is less than 18 years of age and who is not emancipated by court order under section 4 of 1968 PA 293, MCL 722.4.Sec. 3(f), or was a minorMinor"Minor" means an individual who is less than 18 years of age and who is not emancipated by court order under section 4 of 1968 PA 293, MCL 722.4.Sec. 3(f) at the time of using the addictive internet-based service or applicationAddictive internet-based service or application"Addictive internet-based service or application" means an internet website, online service, online application, or mobile application that offers or provides a user an addictive feed as a significant part of the services provided by that internet website, online service, online application, or mobile application. Addictive internet-based service or application does not include any of the following: (i) An internet website, online service, online application, or mobile application that operates a feed for the primary purpose of cloud storage. (ii) An internet website, online service, online application, or mobile application for which interactions between users are limited to commercial transactions or to consumer reviews of products, sellers, services, events, or places, or any combination thereof.Sec. 3(b), might have against a covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) regarding harm to the mental health or well-being of the userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j).
Section 13 contains three protective provisions. First, it clarifies that parental consent does not entitle the parent to additional access to or control over the child's data or account. Second, it prohibits operators from retaliating against users who exercise rights under the act — operators may not withhold, degrade, lower the quality, or increase the price of products or services because a user invokes the act's protections. Third, it preserves existing claims against operators for mental-health harm to minors — parental consent to an addictive feed does not waive, release, or limit such claims.
The attorney general shall promulgate rules to implement this act under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The rules must include, but are not limited to, rules on the following: (a) Commercially reasonable and technically feasible methods to determine whether a userUser"User" means an individual who uses an addictive internet-based service or application and is not acting as a covered operator, or an agent or affiliate of a covered operator.Sec. 3(j) is a minorMinor"Minor" means an individual who is less than 18 years of age and who is not emancipated by court order under section 4 of 1968 PA 293, MCL 722.4.Sec. 3(f) under section 7(2)(a). (b) The methods of obtaining verifiable parental consent under section 7(2)(b).
Section 15 directs the attorney general to promulgate implementing rules under the Administrative Procedures Act. Required rulemaking topics include commercially reasonable and technically feasible methods for determining whether a user is a minor and methods for obtaining verifiable parental consent. This section delegates operational detail to the regulatory process rather than prescribing specific age-verification or consent mechanisms in the statute itself.
(1) If a covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d) violates this act, the attorney general may bring a civil action seeking 1 or more of the following: (a) A civil fine of not more than $5,000.00 per violation. (b) Actual damages. (c) Injunctive or declaratory relief. (d) Destruction of information obtained in violation of this act. (e) Any other relief the court considers appropriate.
(2) The attorney general shall maintain an internet website to receive complaints, information, or referrals from the public about a covered operatorCovered operator"Covered operator" means a person that operates or provides an addictive internet-based service or application.Sec. 3(d)'s compliance or noncompliance with this act. The internet website must contain a form for the public to submit a complaint, information, or referral under this subsection.
Section 17 establishes the enforcement framework. The attorney general may bring civil actions against violating covered operators, with available remedies including civil fines up to $5,000 per violation, actual damages, injunctive or declaratory relief, destruction of unlawfully obtained information, and any other relief the court considers appropriate. The attorney general must also maintain a public website with a form for receiving complaints, information, and referrals about operator compliance. No private right of action is created.