Definitions

In this Act: (1) Agency The term agency has the meaning given that term in section 551 of title 5, United States Code. (2) Algorithm The term algorithm means any computational process, model, or other automated means of processing to rank, order, promote, recommend, amplify, or similarly alter the delivery or display of information (including any text, image, audio, or video post and any page, group, account, channel, or affiliation). (3) Artificial intelligence The term artificial intelligence has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401). (3) (4) Chatbot The 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. (4) (5) Commission The term Commission means the Federal Trade Commission. (5) (6) Design feature The 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. (6) (7) Fully automated system The term fully automated system means an operation algorithm the final outputs of which are, once computed, displayed directly to a covered user without review or set of operations performed on data with minimal or no direction, instruction, prompting, oversight, involvement, or intervention alteration by an individual. (7) Know; knows The term know or knows means to have actual knowledge or to have acted in willful disregard. a covered online platform. (8) Minor The Except as otherwise provided, the term minor means an individual under the age of 17 years. (9) Narcotic drug The term narcotic drug has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802). (10) 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— including any of the following: (A) a A natural parent; parent. (B) an An adoptive parent; parent. (C) a A legal guardian; and guardian. (D) an An individual with legal custody over the minor. (11) Personal information The term personal information has the meaning given that term in section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501). 6501) (as amended by section 602(a)(4) of this Act). (12) Personalized recommendation system The 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. (13) Sexual material harmful to minors exploitation and abuse The term sexual material harmful to minors exploitation and abuse 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 any of the genitals; following: (A) Any offense, including coercion and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors; or enticement, described in section 2422 of title 18, United States Code. (B) is child pornography. Child pornography (as defined in section 2256 of title 18, United States Code). (C) Trafficking for the production of images (as described in section 2251 of title 18, United States Code). (D) Any offense described in section 1591 of title 18, United States Code. (14) State The term State means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (15) Verifiable parental consent The term verifiable parental consent has the meaning given that term in section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501).6501) (as amended by section 602(a)(5) of this Act).