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H.R. 3149IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 2 · H.R. 3149

Definitions

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In this Act: (1) Age category The term age category means the category of an individual based on their age, including the following categories: (A) Adult An adult is such an individual who has attained 18 years of age. (B) Teenager A teenager is such an individual who has attained 16 years of age but has not attained 18 years of age. (C) Child A child is such an individual who has attained 13 years of age but has not attained 16 years of age. (D) Young child A young child is such an individual who has not attained 13 years of age. (2) Age category data The term age category data means information that identifies the age category of a user and is collected by a covered app store provider and shared with an app developer. (3) Age rating The term age rating means a publicly displayed assessment of an app’s appropriateness for different age categories. (4) App The term app means a software application or electronic service that may be run or directed by a user on a computer, mobile device, or any other general purpose computing device. (5) App developer The term app developer means any person that owns or controls an app on the app store of a covered app store provider and is available in the United States. (6) App store The term app store means a publicly available website, software application, or other electronic service that distributes and facilitates the download onto a mobile device of an app from a third-party developer by a user of a computer, mobile device, or any other general purpose computing device. (7) Commission The term Commission means the Federal Trade Commission. (8) Covered app store provider The term covered app store provider means any person that owns or controls an app store available in the United States and for which users in the United States exceed 5,000,000. (9) Know The term know means to have actual knowledge or willful disregard. (10) Minor The term minor means an individual who has not attained 18 years of age. (11) Mobile device The term mobile device means a phone or general purpose tablet that provides cellular or wireless connectivity, is capable of connecting to the Internet, runs a mobile operating system, and is capable of running apps through the mobile operating system. (12) Mobile operating system The term mobile operating system means a set of software that manages mobile device hardware resources, provides common services for mobile device programs, controls memory allocation, and provides interfaces for applications to access device functionality. (13) Parent The 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; or (D) an individual with legal custody over the minor. (14) Parental account The term parental account means an account with a covered app store provider that is— (A) verified to be established by an individual who the app store provider has determined is at least 18 years of age through the covered app store provider’s age verification method or process; and (B) affiliated with one or more account of a user or prospective user who is a minor. (15) Parental consent disclosure The term parental consent disclosure means the following information that is provided to a parent before obtaining parental consent— (A) a description of— (i) the personal data collected by the app from a user; and (ii) the personal data shared by the app with a third party; (B) a description of the measures taken by the app developer to protect the confidentiality of the user’s personal data; (C) if there is an age rating for the app or an in-app purchase, the app’s or in-app purchase’s age rating; and (D) if there is a content description for the app or in-app purchase, the app’s or in-app purchase’s content description. (16) Personal data The term personal data has the same meaning as the term personal information as defined in section 1302 of the Children’s Online Privacy Protection Act (15 U.S.C. 6501). (17) Signal The term signal means age bracketed data sent by a real-time secure application programming interface or operating system that is likely to be accessed by minors. (18) Significant change The term significant change means a material modification of an app’s terms of service or privacy policy that— (A) changes the category of data collected or stored; (B) changes the category of data shared with an unaffiliated third party that is not a service provider or processor; (C) alters the app’s age rating or content description; (D) adds new monetization features, including in-app purchases or advertisements; or (E) changes the app’s user experience or functionality in a manner that a reasonable individual would view as material. (19) Verifiable parental consent The term verifiable parental consent means authorization that is provided— (A) by a parental account; (B) in response to a clear and conspicuous parental content disclosure; and (C) signifies a parent’s freely given, specific, informed, and unambiguous agreement.

Sec. 2: Definitions · Public Law Tracker