WHAT THIS BILL REGULATES · 8 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) 1 Beginning on the date that is 1 year after the date of the enactment of this Act, a provider of a covered platform shall — (1) adopt and utilize commercially available technology verification measuresTechnology verification measureThe term "technology verification measure" means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor.Sec. 102(4), reasonably designed to ensure accuracy, with respect to the covered platform of such provider to identify minorsMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8); and (2) prevent minorsMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8) from accessing any sexual material harmful to minorsSexual material harmful to minorsThe term "sexual material harmful to minors" means a picture, image, graphic image file, film, videotape, or other visual depiction that — (A)(i) taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors; or (B) is child pornography.Sec. 2(13) on the covered platform.
(b) 1 In order to comply with subsection (a), a provider of a covered platform (or a third party contracted by a provider of a covered platform with respect to such covered platform) shall, with respect to a covered platform of the provider, carry out the following: (1) Use a technology verification measureTechnology verification measureThe term "technology verification measure" means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor.Sec. 102(4) in order to verify the age of a user. (2) Provide that a user confirming that the user is not a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8) is not sufficient to verify age. (3) Provide clear and conspicuous notice containing information on the technology verification measuresTechnology verification measureThe term "technology verification measure" means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor.Sec. 102(4) and other policies and procedures related to the technology verification measureTechnology verification measureThe term "technology verification measure" means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor.Sec. 102(4) data used to comply with this title. (4) Take reasonable measures to address circumvention of technology verification measuresTechnology verification measureThe term "technology verification measure" means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor.Sec. 102(4). (5) Not transfer, disclose, or retain any technology verification measureTechnology verification measureThe term "technology verification measure" means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor.Sec. 102(4) data beyond what is strictly necessary to use a technology verification measureTechnology verification measureThe term "technology verification measure" means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor.Sec. 102(4) pursuant to this title.
(d) 2 A provider of a covered platform (or a third party contracted by a provider of a covered platform with respect to such covered platform) shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and availability of technology verification measureTechnology verification measureThe term "technology verification measure" means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor.Sec. 102(4) data collected with respect to the covered platform of such provider (including by a third party contracted by such covered provider with respect to such covered platform).
Section 103 imposes age-verification obligations on providers of covered platforms (adult-content websites where more than one-third of material is sexual material harmful to minors). Beginning one year after enactment, providers must adopt commercially available technology verification measures to identify minors and prevent them from accessing harmful sexual material. Compliance requires using a technology verification measure to verify user age, not relying solely on self-certification, providing clear notice about verification practices, taking measures to prevent circumvention, and minimizing data retention. Providers must also establish reasonable administrative, technical, and physical data security practices for verification data. Third-party contracting is permitted but does not relieve the provider of liability.
(a)–(b) 3 A provider of a covered platform shall establish, implement, maintain, and enforce reasonable policies, practices, and procedures that address the following harms to minorsMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8): (1) Threats of physical violence so severe, pervasive, or objectively offensive that such threats impact a major life activity of a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8). (2) Sexual exploitation and abuse. (3) Distribution, sale, or use of narcotic drugs, tobacco products, cannabis products, gambling, or alcohol. (4) Any financial harm caused by deceptive practices. The policies, practices, and procedures required by subsection (a) shall be appropriate to each of the following: (1) The size and complexity of the covered platform. (2) The technical feasibility of addressing the harms described in subsection (a).
Section 213 requires providers of covered social media platforms to establish, implement, maintain, and enforce reasonable policies, practices, and procedures addressing four enumerated categories of harm to minors: severe physical-violence threats, sexual exploitation and abuse, distribution of drugs/tobacco/cannabis/gambling/alcohol, and financial harm from deceptive practices. The policies must be proportionate to the platform's size and complexity and technically feasible. The section expressly disclaims imposing a duty of care and does not require preventing minors from independently searching for or accessing content about harm prevention.
(a)(1)–(2) 4 A provider of a covered platform shall provide a user of or visitor to the covered platform who the provider knows is a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8) with readily accessible and easy-to-use safeguards to do each of the following, as applicable: (A) Limit the ability of other users or visitors to communicate with such user or visitor. (B) Prevent the profile or personal information of such user or visitor from being recommended or suggested to another user or visitor who is not a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8). (C) Limit design featuresDesign featureThe term "design feature" — (A) means any feature or component of a covered platform that encourages an increase in or increases the frequency of use or time spent by a user who is a minor with respect to such covered platform; and (B) includes — (i) infinite scrolling or auto play; (ii) rewards or incentives based on frequency of use or time spent; (iii) notifications and push alerts; (iv) badges or other visual award symbols based on frequency of use or time spent; (v) appearance altering filters; and (vi) personalized recommendation systems.Sec. 2(5) that result in compulsive usage of the covered platform by such user or visitor. (D) Restrict the sharing of geolocation information of such user or visitor to a third party that is not a processor and provide notice to such user or visitor and the parent of such user or visitor that geolocation information is collected. (E) Control any personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system" — (A) means a fully automated system used to suggest, promote, or rank content, including other users, hashtags, and posts, based on the personal information of a user; and (B) does not include a fully automated system that suggests, promotes, or ranks content based solely on the language, city or town, or age of a user.Sec. 2(12) on such covered platform, including with respect to the ability for such user or visitor to have — (i) a prominently displayed option to opt out of any such personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system" — (A) means a fully automated system used to suggest, promote, or rank content, including other users, hashtags, and posts, based on the personal information of a user; and (B) does not include a fully automated system that suggests, promotes, or ranks content based solely on the language, city or town, or age of a user.Sec. 2(12), and (ii) a prominently displayed option to limit types or categories of recommendations from any such personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system" — (A) means a fully automated system used to suggest, promote, or rank content, including other users, hashtags, and posts, based on the personal information of a user; and (B) does not include a fully automated system that suggests, promotes, or ranks content based solely on the language, city or town, or age of a user.Sec. 2(12). A provider of a covered platform shall ensure that, in the case of a user of or visitor to the covered platform who the provider knows is a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8), the default setting of any safeguard described in paragraph (1) is the option available on the covered platform that provides the most protective level of control with respect to privacy and safety for such user or visitor.
(b)(1)–(4) 5 A provider of a covered platform shall provide readily accessible and easy-to-use parental tools that meet the requirements described in paragraph (2) for a parent of a user of the covered platform who the provider knows is a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8). The parental tools shall allow a parentParentThe term "parent", with respect to a minor, means an adult with the legal right to make decisions on behalf of the minor, including — (A) a natural parent; (B) an adoptive parent; (C) a legal guardian; and (D) an individual with legal custody over the minor.Sec. 2(10) to do any of the following: (A) Manage the privacy and account settings of such user, including by using any safeguard established under subsection (a)(1), in a manner that allows the parentParentThe term "parent", with respect to a minor, means an adult with the legal right to make decisions on behalf of the minor, including — (A) a natural parent; (B) an adoptive parent; (C) a legal guardian; and (D) an individual with legal custody over the minor.Sec. 2(10) to — (i) view the privacy and account settings; and (ii) change and control the privacy and account settings. (B) The ability to restrict purchases and financial transactions by such user, if applicable. (C) The ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by such user. A provider of a covered platform shall provide clear and conspicuous notice to a user of the covered platform who the provider knows is a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8) when any parental tool is in effect and any setting or control that has been applied. A provider of a covered platform shall ensure that, in the case of a user of or visitor to the covered platform who the provider knows is a childChildThe term "child" means an individual who is under the age of 13.Sec. 212(1), the default setting for any parental tool is the option available on the covered platform that provides the most protective level of control with respect to privacy and safety for such user or visitor.
(c)(3) 6 A provider of a covered platform may not knowingly use a user interface with the purpose or substantial effect of impairing the use by a user of the covered platform who the provider knows is a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8) or a parent of such a user of any safeguard described in subsection (a)(1) or any parental tool described in subsection (b)(1).
Section 214 imposes two parallel obligations on covered platform providers. First, providers must offer known minor users readily accessible safeguards to limit communications, prevent profile recommendation to adult users, limit compulsive-usage design features, restrict geolocation sharing, and control personalized recommendation systems — all defaulting to the most protective setting. Second, providers must offer parents of known minor users tools to manage privacy and account settings, restrict purchases, and view/restrict time spent on the platform, with clear notice to minors when parental tools are active. For children under 13, parental tool defaults must be the most protective available. The section also prohibits providers from using a user interface to impair minor or parental use of safeguards.
(a)–(b) 7 A provider of a covered platform shall provide each of the following: (1) A readily accessible and easy-to-use means for a user of or visitor to the covered platform to submit a report to the covered platform of any harm to a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8) related to the use of the covered platform. (2) An electronic point of contact specific to matters involving harms to a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8). (3) Confirmation of the receipt of any such report and, within the applicable time period described in subsection (b), a substantive response to the user or visitor who submitted the report. A covered platform shall establish an internal process to receive and substantively respond to a report submitted subsection (a)(1) in a reasonable and timely manner, but in no case later than — (1) 10 days after the date on which the report is received; or (2) if the report involves an imminent threat to the safety of a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8), the date that is as prompt as needed to address the reported threat to safety.
Section 215 requires covered platform providers to maintain an accessible mechanism for users to report harms to minors, an electronic point of contact for minor-harm matters, and to confirm receipt and substantively respond within 10 days (or as promptly as needed for imminent safety threats).
(a)(1)–(2) 8 Before any registration or purchase on a covered platform by a user of or visitor to the covered platform who the provider knows is a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8), the provider shall provide clear, conspicuous, and easy-to-understand notice with respect to each of the following: (A) The policies and practices of the covered platform with respect to safeguards for minorsMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8). (B) Information about how to access any safeguard described in section 214(a)(1) or any parental tool described in section 214(b)(1). In the case of a user of or visitor to a covered platform who the provider of the covered platform knows is a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8), the provider shall provide information about any safeguard described in section 214(a)(1) or any parental tool described in section 214(b)(1) to a parent of such user or visitor and obtain verifiable parental consent with respect to any such safeguard or parental tool.
Section 216 requires covered platform providers to give clear, conspicuous notice to known minor users before registration or purchase about safeguard policies and how to access safeguards and parental tools. Providers must also inform parents of known minor users about available safeguards and tools and obtain verifiable parental consent. COPPA compliance satisfies the parental-consent requirement.
9 A provider of a covered platform shall provide clear, conspicuous, and easy-to-understand labels and information, which may be provided through a link to another web page or disclosure, to a user of or visitor to the covered platform who the provider knows is a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8) on advertisements regarding the disclosure of endorsements of products, services, or brands made for commercial consideration by other users of the covered platform.
Section 217 requires covered platform providers to display clear, conspicuous labels and information to known minor users on advertisements regarding commercial endorsements by other users.
10 A provider of a covered platform may not facilitate the advertising of narcotic drugs, cannabis products, tobacco products, gambling, or alcohol to a user of or visitor to the covered platform who the provider knows is a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8).
Section 218 prohibits covered platform providers from facilitating advertising of narcotic drugs, cannabis products, tobacco products, gambling, or alcohol to users known to be minors.
(a)–(c) 11 Not later than 18 months after the date of the enactment of this subtitle, and annually thereafter, a provider of a covered platform shall ensure that an independent, third-party auditor conducts an independent, third-party audit of the covered platform. An audit required by subsection (a) shall include the following: (A) An assessment of the extent to which the relevant covered platform is likely to be accessed by minorsMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8). (B) An accounting of the number of known minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8) users, median and mean time spent, description of harm-mitigation policies, number of safeguard exercises, number of parental-tool exercises, and number of harm reports categorized by type. (C) A description of safeguards and parental tools available. (D) A description of report-handling processes. (E) A description of personal-information collection practices for minorsMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8). (F) If the platform has a design-feature impact process for minorsMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8), a description thereof. Not later than 30 days after the date on which an audit is completed, the provider shall submit to the Commission the results of the audit.
(d) 12 Not later than 45 days after the date on which an audit required by subsection (a) is completed, the provider of the relevant covered platform shall issue a public report that — (1) includes the information in clauses (i), (ii), (iv), (v), and (vi) of subsection (b)(2)(B); and (2) notwithstanding paragraph (1), may include any other information required by this section.
Section 219 requires covered platform providers to engage an independent third-party auditor for an annual audit beginning 18 months after enactment. The audit must assess the platform's minor-user population, time-spent metrics, harm-mitigation policies, safeguard and parental-tool usage, harm-report volumes, data-collection practices, and design-feature impact processes. Audit results must be submitted to the FTC within 30 days and a public report issued within 45 days. Providers must cooperate fully with auditors.
13 A provider of a covered platform may not offer, provide, or enable any ephemeral messaging feature of such covered platform to any covered user of the covered platform.
Section 233 categorically prohibits covered platform providers from offering, providing, or enabling ephemeral messaging features to any user the provider knows is a minor.
14 A provider of a covered platform may not offer, provide, or enable any direct messaging feature of such covered platform to any covered user of the covered platform under the age of 13 years.
Section 234 prohibits covered platform providers from offering, providing, or enabling direct messaging features to any user known to be under 13.
(a)–(e) 15 A provider of a covered platform that offers, provides, or enables any direct messaging feature of such covered platform to any teen covered user of the covered platform shall provide easily accessible and usable parental direct messaging controls to a parent of such teen covered user that the parentParentThe term "parent", with respect to a minor, means an adult with the legal right to make decisions on behalf of the minor, including — (A) a natural parent; (B) an adoptive parent; (C) a legal guardian; and (D) an individual with legal custody over the minor.Sec. 2(10) may activate and manage by providing verifiable parental consent. As a default setting on a covered platform, the parental direct messaging controls shall allow a parentParentThe term "parent", with respect to a minor, means an adult with the legal right to make decisions on behalf of the minor, including — (A) a natural parent; (B) an adoptive parent; (C) a legal guardian; and (D) an individual with legal custody over the minor.Sec. 2(10) to do the following (unless the parentParentThe term "parent", with respect to a minor, means an adult with the legal right to make decisions on behalf of the minor, including — (A) a natural parent; (B) an adoptive parent; (C) a legal guardian; and (D) an individual with legal custody over the minor.Sec. 2(10) adjusts the default setting): (1) Receive a timely notification about requests from unapproved contacts and approve or deny them. (2) View and manage a list of approved contacts. (3) Be informed if the teen changes the listed age. (4) Disable any direct messaging featureDirect messaging featureThe term "direct messaging feature" means a function of a covered platform that enables a user to send a message, image, video, audio, or other communication directly to another user or a specific group of users of the covered platform. The term does not include a function that enables a user to post content to a public or semi-public profile or a feed accessible to a broader group of users.Sec. 232(4). (5) Prevent specific users from initiating or continuing DMs with the teen. (6) Enable the teen to set a profile as hidden. A provider may not degrade the functionality or availability of any other feature or service for a teen covered user based on parental control activation, and shall take reasonable measures to prevent circumvention of parental controls.
Section 235 requires covered platform providers that offer direct messaging to teen users (13–16) to provide parental direct messaging controls. By default, parents must be able to receive notifications about unapproved contact requests, approve or deny contacts, manage the contact list, disable DM features, prevent specific users from messaging the teen, and enable the teen to set their profile as hidden. Providers may not degrade other platform features based on parental control activation and must prevent easy circumvention.
(a) 16 A provider of a covered platform may not, in the case of a user or visitor of the covered platform who the provider knows is a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8), conduct market or product-focused research on such user or visitor unless any such research is — (1) used solely to improve the privacy, security, transparency, or safety of the covered platform, including with respect to a design featureDesign featureThe term "design feature" — (A) means any feature or component of a covered platform that encourages an increase in or increases the frequency of use or time spent by a user who is a minor with respect to such covered platform; and (B) includes — (i) infinite scrolling or auto play; (ii) rewards or incentives based on frequency of use or time spent; (iii) notifications and push alerts; (iv) badges or other visual award symbols based on frequency of use or time spent; (v) appearance altering filters; and (vi) personalized recommendation systems.Sec. 2(5) or any safeguard, setting, or tool offered to such user or visitor or a parent of such user or visitor; or (2) necessary for compliance with a Federal or State law.
Section 243 (SPY Kids Act) prohibits covered platform providers from conducting market or product-focused research on users they know to be minors, unless the research is solely to improve platform privacy, security, transparency, or safety, or is necessary for legal compliance. The section does not limit processing of personal information solely for measuring advertising or content performance.
(a)–(d) 17 An online video game providerOnline video game providerThe term "online video game provider" means a person engaged in the business of providing directly to a consumer over the internet or other online means a digital storefront, console network, mobile or cloud gaming platform, or similar means of digital distribution that offers access to an interactive online video game for use by the consumer.Sec. 302(a)(4) shall provide safeguards to a parent of a covered user of an interactive online video game of such online video game providerOnline video game providerThe term "online video game provider" means a person engaged in the business of providing directly to a consumer over the internet or other online means a digital storefront, console network, mobile or cloud gaming platform, or similar means of digital distribution that offers access to an interactive online video game for use by the consumer.Sec. 302(a)(4) that allow the parentParentThe term "parent", with respect to a minor, means an adult with the legal right to make decisions on behalf of the minor, including — (A) a natural parent; (B) an adoptive parent; (C) a legal guardian; and (D) an individual with legal custody over the minor.Sec. 2(10) to limit communication between such covered user and any other user of such interactive online video gameInteractive online video gameThe term "interactive online video game" means a video game that — (A) connects to the internet; and (B) allows a user of such video game to communicate with other users of such video game.Sec. 302(a)(3). An online video game providerOnline video game providerThe term "online video game provider" means a person engaged in the business of providing directly to a consumer over the internet or other online means a digital storefront, console network, mobile or cloud gaming platform, or similar means of digital distribution that offers access to an interactive online video game for use by the consumer.Sec. 302(a)(4) shall ensure that the safeguards are: (A) accessible and easy to use; (B) enabled by default; (C) set to the most protective level of control by default. Other safeguards required: (A) Prevent a profile or personal information from being recommended to non-minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8) users. (B) Restrict purchases and financial transactions. (C) Limit time spent on such interactive online video gameInteractive online video gameThe term "interactive online video game" means a video game that — (A) connects to the internet; and (B) allows a user of such video game to communicate with other users of such video game.Sec. 302(a)(3). An online video game providerOnline video game providerThe term "online video game provider" means a person engaged in the business of providing directly to a consumer over the internet or other online means a digital storefront, console network, mobile or cloud gaming platform, or similar means of digital distribution that offers access to an interactive online video game for use by the consumer.Sec. 302(a)(4) shall provide clear and conspicuous notice to a covered user when safeguards are in effect that describes the settings or safeguards that have been applied.
Section 303 requires online video game providers to offer parents of known-minor users communication safeguards enabling them to limit communication between the minor and other users. Safeguards must be accessible, enabled by default, and set to the most protective level by default. Providers must also offer safeguards to prevent profile recommendation to non-minor users, restrict purchases, and limit time spent on games. Clear notice must be given to minor users when safeguards are in effect.
18 A chatbot providerChatbot providerThe term "chatbot provider" means a person engaged in the business of providing a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means. A person that provides a website, mobile application, or other online service that includes a chat function incidental to the primary purpose of such website, application, or service may not be treated as a chatbot provider solely on the basis of such incidental chat function.Sec. 402(1) may not provide to a covered user of a relevant chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Sec. 2(3) that states to the covered user that the chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Sec. 2(3) is a licensed professional (unless such statement is true).
Section 403 prohibits chatbot providers from delivering to a covered (minor) user a chatbot that states it is a licensed professional, unless the statement is true. This is a narrow prohibition on false professional-status claims directed at minors.
(a)(1), (b)(1) 19 A chatbot providerChatbot providerThe term "chatbot provider" means a person engaged in the business of providing a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means. A person that provides a website, mobile application, or other online service that includes a chat function incidental to the primary purpose of such website, application, or service may not be treated as a chatbot provider solely on the basis of such incidental chat function.Sec. 402(1) shall clearly and conspicuously disclose to each covered user of a chatbot of such chat provider a disclosure of the following: (1) The chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Sec. 2(3) is an artificial intelligence system and not a natural person. A disclosure required by subsection (a)(1) shall be made — (A) at the initiation of the first interaction of a covered user with a chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Sec. 2(3); and (B) at any point at which, during an interaction between a covered user and a chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Sec. 2(3), the covered user prompts the chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Sec. 2(3) about whether the chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Sec. 2(3) is an artificial intelligence system.
(a)(2), (b)(2) 20 Resources for contacting a suicide and crisis intervention hotline. A disclosure required by subsection (a)(2) shall be made at any point at which, during an interaction between a covered user and a chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Sec. 2(3), the covered user prompts the chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Sec. 2(3) about suicide or suicidal ideation.
(c) Any disclosure required by subsection (a) shall be made in a manner that is clear and age-appropriate using plain language such that the disclosure is reasonably understandable by a minorMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8).
Section 404 requires chatbot providers to clearly and conspicuously disclose to each known minor user that the chatbot is an AI system and not a natural person, and to disclose suicide/crisis intervention hotline resources. The AI disclosure must be made at first interaction and whenever the minor asks whether the chatbot is AI. The crisis resource disclosure must be made whenever the minor prompts the chatbot about suicide or suicidal ideation. All disclosures must use clear, age-appropriate plain language.
(1) 21 A chatbot providerChatbot providerThe term "chatbot provider" means a person engaged in the business of providing a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means. A person that provides a website, mobile application, or other online service that includes a chat function incidental to the primary purpose of such website, application, or service may not be treated as a chatbot provider solely on the basis of such incidental chat function.Sec. 402(1) shall establish, implement, and maintain reasonable policies, practices, and procedures — (1) to ensure that a chatbot of the chatbot providerChatbot providerThe term "chatbot provider" means a person engaged in the business of providing a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means. A person that provides a website, mobile application, or other online service that includes a chat function incidental to the primary purpose of such website, application, or service may not be treated as a chatbot provider solely on the basis of such incidental chat function.Sec. 402(1) advises a covered user of the chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Sec. 2(3) to take a break from the chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Sec. 2(3) at the point at which a continuous and uninterrupted interaction of such covered user with such chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Sec. 2(3) has lasted for 3 hours;
(2) 22 and (2) to address, with respect to covered users — (A) any access to sexual material harmful to minorsSexual material harmful to minorsThe term "sexual material harmful to minors" means a picture, image, graphic image file, film, videotape, or other visual depiction that — (A)(i) taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors; or (B) is child pornography.Sec. 2(13); (B) the promotion of gambling that is restricted from or prohibited for minorsMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8) by law; and (C) the promotion of the distribution, sale, or use of narcotic drugs, tobacco products, or alcohol that are restricted from or prohibited for minorsMinorThe term "minor" means an individual under the age of 17 years.Sec. 2(8) by law.
Section 405 requires chatbot providers to establish, implement, and maintain reasonable policies for two purposes: (1) ensuring the chatbot advises a known minor user to take a break after 3 continuous hours of interaction, and (2) addressing minor users' access to sexual material harmful to minors, promotion of gambling restricted for minors, and promotion of drugs/tobacco/alcohol restricted for minors.
(a) A violation of this Act shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act, and any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
(b) In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to — (A) enjoin such act or practice; (B) enforce compliance with this Act; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate.
Section 601 establishes the enforcement framework for the entire Act. Violations are treated as violations of an FTC regulation regarding unfair or deceptive acts or practices under 15 U.S.C. § 57a(a)(1)(B). The FTC enforces with the same jurisdiction, powers, and duties as under the FTC Act. State attorneys general may bring parens patriae civil actions to enjoin violations, enforce compliance, obtain damages or restitution, or obtain other equitable relief, subject to prior written notice to the FTC. The FTC may intervene in state AG actions. State AG actions are stayed during pending federal actions against the same defendant for the same violation.
Except as otherwise provided in this Act, this Act shall take effect on the date that is 1 year after the date of the enactment of this Act.
Section 605 provides that, except as otherwise specified in the Act, the Act takes effect one year after enactment. Certain subtitles have their own effective dates: Subtitle B (Safe Messaging) takes effect 180 days after enactment (except Sec. 235), and Subtitle C (SPY Kids) takes effect 90 days after enactment.