Regulon — US-HR-7891 · US HR 7891 (Kids Online Safety Act)

WHAT THIS BILL REGULATES · 7 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority

Federal Trade Commission enforcement as an unfair or deceptive act or practice under Section 18(a)(1)(B) of the FTC Act. State attorneys general may bring civil actions as parens patriae to enforce Sections 103, 104, and 105 on behalf of state residents, subject to prior written notice to the FTC. No private right of action.

Private Right of Action

No private right of action. Enforcement is exclusive to the designated authority.

Penalties

Violations treated as unfair or deceptive acts or practices under the FTC Act; penalties and remedies are those available under the FTC Act. State AG actions may seek injunctive relief, damages, restitution, or other compensation on behalf of residents.

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.

Statutory Text

Analysis & Obligations

Sec. 101

Definitions

In this title: (1) CHILD.—The term ''child'' means an individual who is under the age of 13. (2) COMPULSIVE USAGE.—The term ''compulsive usage'' means any response stimulated by external factors that causes an individual to engage in repetitive behavior reasonably likely to cause a mental health disorder. (3) COVERED PLATFORM.— (A) IN GENERAL.—The term ''covered platform'' means an online platform, online video game, messaging application, or video streaming service that connects to the internet and that is used, or is reasonably likely to be used, by a minor. [Exceptions omitted for brevity] (4) DESIGN FEATURE [definition]. (5) HIGH IMPACT ONLINE COMPANY [definition]. (6) KNOW; KNOWS [definition]. (7) MENTAL HEALTH DISORDER [definition]. (8) MICROTRANSACTION [definition]. (9) MINOR.—The term ''minor'' means an individual who is under the age of 17. (10) ONLINE PLATFORM [definition]. (11) ONLINE VIDEO GAME [definition]. (12) PARENT [definition]. (13) PERSONAL DATA [definition]. (14) PERSONALIZED RECOMMENDATION SYSTEM [definition]. (15) SEXUAL EXPLOITATION AND ABUSE [definition]. (16) USER [definition].

Section 101 establishes the definitional framework for Title I. Key defined terms include covered platform (broadly encompassing online platforms, video games, messaging apps, and video streaming services used or likely to be used by minors), high impact online company (a subset of covered platforms meeting $2.5B revenue or 150M monthly active user thresholds), and minor (under 17) and child (under 13). The tiered knowledge standard in the definition of know/knows is notable: high impact companies are held to a knew-or-should-have-known standard, mid-size platforms to a willful disregard standard, and smaller platforms to actual knowledge only.

Sec. 102

Duty of care

Deployer

(a) 1 PREVENTION OF HARM TO MINORS.—A high impact online company shall exercise reasonable care in the creation and implementation of any design feature to prevent and mitigate the following harms to minors: (1) Consistent with evidence-informed medical information, the following mental health disorders: anxiety, depression, eating disorders, substance use disorders, and suicidal behaviors. (2) Patterns of use that indicate or encourage compulsive usage by minors. (3) Physical violence (as defined in 18 U.S.C. 16), cyberbullying and discriminatory harassment of a minor. (4) Sexual exploitation and abuse of minors. (5) Promotion and marketing of narcotic drugs (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), tobacco products, gambling, or alcohol.

(b) LIMITATION.—Nothing in subsection (a) shall be construed to require a high impact online company to prevent or preclude— (1) any minor from deliberately and independently searching for, or specifically requesting, content; or (2) the high impact online company or individuals on the platform from providing resources for the prevention or mitigation of the harms described in subsection (a), including evidence-informed information and clinical resources.

Section 102 imposes the bill's headline obligation: a duty of care on high impact online companies to exercise reasonable care in the creation and implementation of any design feature to prevent and mitigate enumerated harms to minors. The covered harms include mental health disorders (anxiety, depression, eating disorders, substance use disorders, suicidal behaviors), compulsive usage patterns, physical violence and cyberbullying, sexual exploitation and abuse, and promotion of drugs, tobacco, gambling, or alcohol. A limitation clause preserves minors' ability to deliberately search for content and platforms' ability to provide harm-prevention resources.

Compliance actions 1 item

High impact online companies must exercise reasonable care in the creation and implementation of any design feature to prevent and mitigate harms to minors, including mental health disorders, compulsive usage, physical violence, cyberbullying, sexual exploitation, and promotion of drugs, tobacco, gambling, or alcohol.

S-01.5

Sec. 103

Safeguards for minors

Deployer

(a)(1) 2 SAFEGUARDS.—A covered platform shall provide a user or visitor that the covered platform knows is a minor with readily accessible and easy-to-use safeguards to, as applicable— (A) limit the ability of other users or visitors to communicate with the minor; (B) limit design features that encourage or increase the frequency, time spent, or activity of minors on the covered platform, such as infinite scrolling, auto playing, rewards for time spent on the platform, notifications, badges, push alerts, and other interactive elements that result in compulsive usage of the covered platform by the minor; and (C) control personalized recommendation systems, including the ability for a minor to have— (i) the option of opting out of such personalized recommendation systems, while still allowing the display of content based on a chronological format; (ii) the option of limiting types or categories of recommendations from such systems; or (iii) both such options.

(a)(2) 2 OPTIONS.—A covered platform shall provide a user that the covered platform knows is a minor with readily accessible and easy-to-use options to limit the amount of time spent by the minor on the covered platform.

(a)(3) 3 DEFAULT SAFEGUARD SETTINGS FOR MINORS.—A covered platform shall provide that, in the case of a user or visitor that the platform knows is a minor, the default setting for any safeguard described under paragraph (1) shall be the option available on the platform that provides the most protective level of control that is offered by the platform over safety for that user or visitor, unless otherwise enabled by the parent.

(b)(1)–(2) 4 PARENTAL TOOLS.— (1) TOOLS.—A covered platform shall provide readily accessible and easy-to-use settings for parents to support a user that the platform knows is a minor with respect to the user's use of the platform. (2) REQUIREMENTS.—The parental tools provided by a covered platform shall include— (A) the ability to manage a minor's account settings, including the safeguards and options established under subsection (a), in a manner that allows parents to— (i) view the account settings; and (ii) in the case of a user that the platform knows is a child, change and control the account settings; (B) the ability to restrict purchases and financial transactions by the minor, where applicable; and (C) the ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by the minor.

(b)(3) 4 NOTICE TO MINORS.—A covered platform shall provide clear and conspicuous notice to a user when the tools described in this subsection are in effect and what settings or controls have been applied.

(b)(4) 4 DEFAULT TOOLS.—A covered platform shall provide that, in the case of a user that the platform knows is a child, the tools required under paragraph (1) shall be enabled by default.

(c)(1)–(2) 5 REPORTING MECHANISM.— (1) REPORTS SUBMITTED BY PARENTS, MINORS, AND SCHOOLS.—A covered platform shall provide— (A) a readily accessible and easy-to-use means to submit reports to the covered platform of harms to a minor; (B) an electronic point of contact specific to matters involving harms to a minor; and (C) confirmation of the receipt of such a report and, within the applicable time period described in paragraph (2), a substantive response to the individual that submitted the report. (2) TIMING.—A covered platform shall establish an internal process to receive and substantively respond to such reports in a reasonable and timely manner, but in no case later than— (A) 10 days after the receipt of a report, if, for the most recent calendar year, the platform averaged more than 10,000,000 active users on a monthly basis in the United States; (B) 21 days after the receipt of a report, if, for the most recent calendar year, the platform averaged less than 10,000,000 active users on a monthly basis in the United States; and (C) notwithstanding subparagraphs (A) and (B), if the report involves an imminent threat to the safety of a minor, as promptly as needed to address the reported threat to safety.

(d) 6 ADVERTISING OF ILLEGAL PRODUCTS.—A covered platform shall not facilitate the advertising of narcotic drugs (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), tobacco products, gambling, or alcohol to an individual that the covered platform knows is a minor.

(e)(2) 7 DARK PATTERNS PROHIBITION.—It shall be unlawful for any covered platform to design, embed, modify, or manipulate a user interface of a covered platform with the purpose or substantial effect of obscuring, subverting, or impairing user autonomy, decision making, or choice with respect to safeguards or parental tools required under this section.

Section 103 is the operational heart of the bill. It requires all covered platforms to provide known-minor users with safeguards to limit communications from other users, limit engagement-driving design features (infinite scroll, autoplay, badges, notifications, etc.), and control personalized recommendation systems — including opt-out and category-limiting options. Default settings must be the most protective available. Platforms must also provide parental tools enabling parents to manage account settings, restrict purchases, and view and limit time spent. A reporting mechanism requires platforms to accept harm reports from parents, minors, and schools, with substantive response deadlines of 10 or 21 days depending on platform size. A prohibition on advertising illegal products to known minors and a dark-patterns prohibition round out the section.

Compliance actions 6 items

Covered platforms must provide known-minor users with readily accessible safeguards to (1) limit communications from other users, (2) limit engagement-driving design features such as infinite scrolling, autoplay, notifications, and badges, (3) control personalized recommendation systems including an opt-out option with chronological display, and (4) limit time spent on the platform.

MN-01.3

Covered platforms must set default safeguard settings for known-minor users to the most protective level of control available on the platform, unless a parent affirmatively changes the setting.

MN-01.8

Covered platforms must provide parents of known-minor users with readily accessible tools to manage account settings (including viewing settings; for children under 13, changing and controlling settings), restrict purchases and financial transactions, and view and limit time spent on the platform. For children under 13, parental tools must be enabled by default. Platforms must provide clear notice to the minor when parental tools are active.

MN-01.3

Covered platforms must provide a readily accessible mechanism for parents, minors, and schools to report harms to a minor, an electronic point of contact for minor-harm matters, and must confirm receipt and provide a substantive response within 10 days (for platforms with 10M+ U.S. monthly active users) or 21 days (for smaller platforms), or as promptly as needed for imminent safety threats.

—

Covered platforms must not facilitate the advertising of narcotic drugs, tobacco products, gambling, or alcohol to individuals the platform knows are minors.

MN-01.7

Covered platforms must not design, embed, modify, or manipulate a user interface with the purpose or substantial effect of obscuring, subverting, or impairing user autonomy, decision making, or choice with respect to minor safeguards or parental tools.

CP-01.3

Sec. 104

Disclosure

Deployer

(a)(1) 8 REGISTRATION OR PURCHASE.—Prior to registration or purchase of a covered platform by an individual that the platform knows is a minor, the platform shall provide clear, conspicuous, and easy-to-understand— (A) notice of the policies and practices of the covered platform with respect to safeguards for minors; (B) information about how to access the safeguards and parental tools required under section 103; and (C) notice about whether the covered platform uses or makes available to minors a product, service, or design feature, including any personalized recommendation system, that poses any heightened risk of harm to minors.

(a)(2) 9 NOTIFICATION.— (A) NOTICE AND ACKNOWLEDGMENT.—In the case of an individual that a covered platform knows is a child, the platform shall additionally provide information about the parental tools and safeguards required under section 103 to a parent of the child and obtain verifiable parental consent (as defined in section 1302(9) of the Children's Online Privacy Protection Act (15 U.S.C. 6501(9))) from the parent prior to the initial use of the covered platform by the child. (B) REASONABLE EFFORT.—A covered platform shall be deemed to have satisfied the requirement described in subparagraph (A) if the covered platform is in compliance with the requirements of the Children's Online Privacy Protection Act (15 U.S.C. 6501 et seq.) to use reasonable efforts (taking into consideration available technology) to provide a parent with the information described in subparagraph (A) and to obtain verifiable parental consent as required.

(b) 10 PERSONALIZED RECOMMENDATION SYSTEM.—A covered platform that operates a personalized recommendation system shall set out in its terms and conditions, in a clear, conspicuous, and easy-to-understand manner— (1) an overview of how such personalized recommendation system is used by the covered platform to provide information to minors; and (2) information about options for minors or their parents to opt out of or control the personalized recommendation system (as applicable).

(c) 8 RESOURCES FOR PARENTS AND MINORS.—A covered platform shall provide to minors and parents clear, conspicuous, easy-to-understand, and comprehensive information in a prominent location, which may include a link to a web page, regarding— (1) its policies and practices with respect to safeguards for minors; and (2) how to access the safeguards and tools required under section 103.

(d) 8 RESOURCES IN ADDITIONAL LANGUAGES.—A covered platform shall ensure, to the extent practicable, that the disclosures required by this section are made available in the same language, form, and manner as the covered platform provides any product or service used by minors and their parents.

Section 104 imposes pre-registration and ongoing disclosure obligations on covered platforms. Before a known-minor user registers or purchases access, the platform must provide clear notice about its safeguard policies, how to access safeguards and parental tools, and whether the platform uses design features — including personalized recommendation systems — that pose heightened risk to minors. For children under 13, the platform must additionally provide parental tool information to a parent and obtain verifiable parental consent (aligned with COPPA). Platforms operating recommendation systems must disclose in their terms and conditions how the system works for minors and what opt-out or control options exist. Platforms must also provide comprehensive safety-resource information to minors and parents in a prominent location and in the same language as the platform.

Compliance actions 3 items

Covered platforms must, prior to registration or purchase by a known minor, provide clear notice of (1) the platform's safeguard policies, (2) how to access safeguards and parental tools, and (3) whether the platform uses design features or personalized recommendation systems posing heightened risk to minors. Platforms must also maintain a prominent resource page with this information, available in the same language as the platform.

T-01.1

Covered platforms must, for users known to be children under 13, provide parental tool and safeguard information to the child's parent and obtain verifiable parental consent (as defined by COPPA) before the child's initial use of the platform.

MN-01.2

Covered platforms operating personalized recommendation systems must disclose in their terms and conditions, in a clear and easy-to-understand manner, (1) how the system is used to provide information to minors and (2) what options exist for minors or parents to opt out of or control the recommendation system.

T-01.1

Sec. 105

Transparency

Deployer

(a)–(b) 11 IN GENERAL.—Subject to subsection (b), not less frequently than once a year, a covered platform shall issue a public report describing the reasonably foreseeable risks of harms to minors and assessing the prevention and mitigation measures taken to address such risk based on an independent, third-party audit conducted through reasonable inspection of the covered platform. (b) SCOPE OF APPLICATION.—The requirements of this section shall apply to a covered platform if— (1) for the most recent calendar year, the platform averaged more than 10,000,000 active users on a monthly basis in the United States; and (2) the platform predominantly provides a community forum for user-generated content and discussion, including sharing videos, images, games, audio files, discussion in a virtual setting, or other content, such as acting as a social media platform, virtual reality environment, or a social network service.

(c)(1) 11 CONTENT.— (1) TRANSPARENCY.—The public reports required of a covered platform under this section shall include— (A) an assessment of the extent to which the platform is likely to be accessed by minors; (B) a description of the commercial interests of the covered platform in use by minors; (C) an accounting, based on the data held by the covered platform, of— (i) the number of users using the covered platform that the platform knows to be minors in the United States; (ii) the median and mean amounts of time spent on the platform by users known to be minors in the United States who have accessed the platform during the reporting year on a daily, weekly, and monthly basis; and (iii) the amount of content being accessed by users that the platform knows to be minors in the United States that is in English, and the top 5 non-English languages used by users accessing the platform in the United States; (D) an accounting of total reports received regarding, and the prevalence of content related to, the harms described in section 102(a), disaggregated by category of harm and language; and (E) a description of any material breaches of parental tools or assurances regarding minors, and other matters regarding non-compliance with this Act.

(c)(2) 11 REASONABLY FORESEEABLE RISK OF HARM TO MINORS.—The public reports required of a covered platform under this section shall include— (A) an assessment of the reasonably foreseeable risk of harms to minors posed by the covered platform, specifically identifying those physical, mental, developmental, or financial harms described in section 102(a); (B) a description of whether and how the covered platform uses design features that encourage or increase the frequency, time spent, or activity of minors on the covered platform; (C) a description of whether, how, and for what purpose the platform collects or processes categories of personal data that may cause reasonably foreseeable risk of harms to minors; (D) an evaluation of the efficacy of safeguards for minors and parental tools under section 103, and any issues in delivering such safeguards and the associated parental tools; (E) an evaluation of any other relevant matters of public concern over risk of harms to minors associated with the use of the covered platform; and (F) an assessment of differences in risk of harm to minors across different English and non-English languages and efficacy of safeguards in those languages.

(c)(3) 11 MITIGATION.—The public reports required of a covered platform under this section shall include, for English and the top 5 non-English languages used by users accessing the platform from the United States— (A) a description of the safeguards and parental tools available to minors and parents on the covered platform; (B) a description of interventions by the covered platform when it had or has reason to believe that harms to minors could occur; (C) a description of the prevention and mitigation measures intended to be taken in response to the known and emerging risks identified in its assessment of reasonably foreseeable risks of harms to minors; (D) a description of internal processes for handling reports and automated detection mechanisms for harms to minors; (E) the status of implementing prevention and mitigation measures identified in prior assessments; and (F) a description of the additional measures to be taken by the covered platform to address the circumvention of safeguards for minors and parental tools.

(e) 12 COOPERATION WITH INDEPENDENT, THIRD-PARTY AUDIT.—To facilitate the report required by subsection (c), a covered platform shall— (1) provide or otherwise make available to the independent third-party conducting the audit all information and material in its possession, custody, or control that is relevant to the audit; (2) provide or otherwise make available to the independent third-party conducting the audit access to all network, systems, and assets relevant to the audit; and (3) disclose all relevant facts to the independent third-party conducting the audit, and not misrepresent in any manner, expressly or by implication, any relevant fact.

Section 105 requires large covered platforms (10M+ monthly U.S. active users that predominantly provide a community forum for user-generated content) to publish annual transparency reports based on independent third-party audits. The reports must include an assessment of the platform's likely use by minors, minor-user metrics, harm-content prevalence data, a foreseeable-risk-of-harm assessment, descriptions of design features and personal data collection practices, evaluations of safeguard efficacy, and descriptions of mitigation measures. The auditor must consult parents and youth experts, conduct user-experience research, and consider cross-language differences. Platforms must cooperate fully with auditors and must safeguard user privacy by presenting data in de-identified, aggregated formats.

Compliance actions 2 items

Covered platforms with 10M+ monthly U.S. active users that predominantly host user-generated content must publish at least annually a public transparency report, based on an independent third-party audit, covering (1) minor-user metrics, (2) foreseeable risks of harm to minors, (3) descriptions of engagement-driving design features and personal data collection, (4) safeguard efficacy evaluations, (5) harm-content prevalence data, and (6) prevention and mitigation measures taken and planned.

G-02.4

Covered platforms subject to the transparency report requirement must cooperate with the independent third-party auditor by providing all relevant information, material, and system access, and must not misrepresent any relevant fact.

G-01.5

Sec. 110

Enforcement

(a)(1)–(3) ENFORCEMENT BY FEDERAL TRADE COMMISSION.— (1) UNFAIR AND DECEPTIVE ACTS OR PRACTICES.—A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) POWERS OF THE COMMISSION.— (A) IN GENERAL.—The Federal Trade 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. (B) PRIVILEGES AND IMMUNITIES.—Any person that violates this Act shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (3) AUTHORITY PRESERVED.—Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.

(b)(1)–(6) ENFORCEMENT BY STATE ATTORNEYS GENERAL.— (1) IN GENERAL.— (A) CIVIL ACTIONS.—In any case in which the attorney general of a State has reason to believe that a covered platform has violated or is violating section 103, 104, or 105, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States or a State court of appropriate jurisdiction to— (i) enjoin any practice that violates section 103, 104, or 105; (ii) enforce compliance with section 103, 104, or 105; (iii) on behalf of residents of the State, obtain damages, restitution, or other compensation, each of which shall be distributed in accordance with State law; or (iv) obtain such other relief as the court may consider to be appropriate. [Notice, intervention, construction, venue provisions omitted for brevity] (6) LIMITATION.—A violation of section 102 shall not form the basis of liability in any action brought by the attorney general of a State under a State law.

Section 110 establishes the enforcement framework. Violations of the Act are treated as unfair or deceptive acts or practices under Section 18(a)(1)(B) of the FTC Act, giving the FTC full enforcement authority. State attorneys general may bring civil actions as parens patriae for violations of Sections 103, 104, or 105, seeking injunctive relief, damages, restitution, or other compensation. State AG enforcement requires prior written notice to the FTC unless impracticable; the FTC may intervene. No state AG enforcement is available for Section 102 (duty of care) violations under state law. No private right of action exists.

Sec. 112

Effective date

Except as otherwise provided in this title, this title shall take effect on the date that is 18 months after the date of enactment of this Act.

Section 112 provides that Title I takes effect 18 months after the date of enactment, unless otherwise provided.

Sec. 113

Rules of construction and other matters

RELATIONSHIP TO OTHER LAWS.—Nothing in this title shall be construed to— (1) preempt section 444 of the General Education Provisions Act (20 U.S.C. 1232g) or other Federal or State laws governing student privacy; (2) preempt the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) or any rule or regulation promulgated under such Act; or (3) authorize any action that would conflict with section 18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)). (b) PROTECTIONS FOR PRIVACY.—Nothing in this title shall be construed to require— (1) the affirmative collection of any personal data with respect to the age of users that a covered platform is not already collecting in the normal course of business; or (2) a covered platform to implement an age gating or age verification functionality.

Section 113 contains savings clauses preserving FERPA, COPPA, and FTC Act Section 18(h). It expressly provides that the bill does not require affirmative collection of age data not already collected, does not require age gating or age verification, and does not restrict platforms from cooperating with law enforcement or complying with legal process. A special safe harbor for video streaming services deems them compliant if they meet certain conditions.

Sec. 114

Severability (Title I)

If any provision of this title, or an amendment made by this title, is determined to be unenforceable or invalid, the remaining provisions of this title and the amendments made by this title shall not be affected.

Standard severability clause for Title I.

Sec. 201

Definitions (Filter Bubble Transparency)

In this title: (1) ALGORITHMIC RANKING SYSTEM [definition]. (2) APPROXIMATE GEOLOCATION INFORMATION [definition]. (3) COMMISSION [definition]. (4) CONNECTED DEVICE [definition]. (5) INPUT-TRANSPARENT ALGORITHM [definition]. (6) ONLINE PLATFORM [definition]. (7) OPAQUE ALGORITHM [definition]. (8) PRECISE GEOLOCATION INFORMATION [definition]. (9) USER-SPECIFIC DATA [definition].

Section 201 defines the key terms for Title II, including algorithmic ranking system (any computational process using algorithmic decision-making, ML, or AI to determine content selection/ranking), opaque algorithm (an algorithmic ranking system that uses user-specific data not expressly provided by the user), input-transparent algorithm (one that does not use non-expressly-provided user-specific data), and online platform. The definition of input-transparent algorithm includes a detailed enumeration of what data counts as expressly provided (search terms, filters, subscriptions, geolocation) versus not (browsing history, device history, inferences).

Sec. 202

Requirement to allow users to see unmanipulated content on internet platforms

Deployer

(a)–(b)(1)(A) 13 IN GENERAL.—Beginning on the date that is 1 year after the date of enactment of this Act, it shall be unlawful for any person to operate an online platform that uses an opaque algorithm unless the person complies with the requirements of subsection (b). (b) OPAQUE ALGORITHM REQUIREMENTS.— (1) IN GENERAL.— (A) The person provides notice to users of the platform— (i) that the platform uses an opaque algorithm that uses user-specific data to select the content the user sees. Such notice shall be presented in a clear and conspicuous manner on the platform whenever the user interacts with an opaque algorithm for the first time, and may be a one-time notice that can be dismissed by the user; and (ii) in the terms and conditions of the online platform, in a clear, accessible, and easily comprehensible manner that is to be updated whenever the online platform makes a material change to— (I) the most salient features, inputs, and parameters used by the algorithm; (II) how any user-specific data used by the algorithm is collected or inferred about a user of the platform, and the categories of such data; (III) any options that the online platform makes available for a user of the platform to opt out or exercise options under subparagraph (B), modify the profile of the user or to influence the features, inputs, or parameters used by the algorithm; and (IV) any quantities, such as time spent using a product or specific measures of engagement or social interaction, that the algorithm is designed to optimize, as well as a general description of the relative importance of each quantity for such ranking.

(b)(1)(B) 14 The online platform enables users to easily switch between the opaque algorithm and an input-transparent algorithm in their use of the platform.

(b)(3) 14 PROHIBITION ON DIFFERENTIAL PRICING.—An online platform shall not deny, charge different prices or rates for, or condition the provision of a service or product to a user based on the user's election to use an input-transparent algorithm in their use of the platform, as provided under paragraph (1)(B).

Section 202 is the core obligation of Title II. It makes it unlawful to operate an online platform using an opaque algorithm unless the operator (1) provides notice to users that the platform uses an opaque algorithm, including disclosure in the terms and conditions of the algorithm's salient features, data collection practices, opt-out options, and optimization targets; and (2) enables users to easily switch to an input-transparent algorithm. Platforms may not charge differential prices or deny services based on a user's election to use the input-transparent option. Enforcement is by the FTC as an unfair or deceptive act or practice.

Compliance actions 2 items

Online platforms using opaque algorithms must (1) provide clear and conspicuous one-time notice to users that the platform uses user-specific data to select content, and (2) disclose in their terms and conditions the algorithm's salient features, inputs, and parameters; how user-specific data is collected or inferred; available opt-out and control options; and what engagement quantities the algorithm optimizes, including their relative importance.

T-01.1

Online platforms using opaque algorithms must enable users to easily switch to an input-transparent algorithm and must not deny, charge different prices for, or condition service on a user's election to use the input-transparent option.

D-01.3

Sec. 301

Relationship to State laws

The provisions of this Act shall preempt any State law, rule, or regulation only to the extent that such State law, rule, or regulation conflicts with a provision of this Act. Nothing in this Act shall be construed to prohibit a State from enacting a law, rule, or regulation that provides greater protection to minors than the protection provided by the provisions of this Act.

Section 301 establishes a limited preemption framework: the Act preempts state laws only to the extent they conflict with the Act's provisions. States may enact laws providing greater protection to minors than the Act provides.

Minor Safety Parental consent · controls · termination workflows

5 items

MN-01.3

MN-01.8

Covered platforms must set default safeguard settings for known-minor users to the most protective level of control available on the platform, unless a parent affirmatively changes the setting.

MN-01.3

MN-01.7

Covered platforms must not facilitate the advertising of narcotic drugs, tobacco products, gambling, or alcohol to individuals the platform knows are minors.

MN-01.2

Transparency AI identity disclosure · periodic reminders

3 items

T-01.1

Safety Harmful content prevention · self-harm escalation

1 item

S-01.5

Data Controls Data sale restrictions · deidentification

1 item

D-01.3

Deceptive Conduct AI-generated likeness · consent requirements

1 item

CP-01.3

Governance Risk management · accountability programs

2 items

G-02.4

G-01.5

—

Other

1 item

—

Passage Likelihood

Failed

Status Failed

Final action Ordered to be Reported (Amended) by Voice Vote.

Legislative History

2024-04-09 Introduced in House

2024-04-09 Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

2024-05-20 Referred to the Subcommittee on Innovation, Data, and Commerce.

2024-05-23 Subcommittee Consideration and Mark-up Session Held

2024-05-23 Forwarded by Subcommittee to Full Committee by Voice Vote.

2024-09-18 Committee Consideration and Mark-up Session Held

2024-09-18 Ordered to be Reported (Amended) by Voice Vote.

Sources

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Entry Last Reviewed

2026-05-15

AI generated