Safeguards for minors and parental tools

(a) Safeguards for minors (1) Safeguards A provider of a covered platform shall provide a user of or visitor to the covered platform who the provider knows is a minor 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 minor. (C) Limit design features 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 system 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 system, and (ii) a prominently displayed option to limit types or categories of recommendations from any such personalized recommendation system. (2) Default safeguard settings for minors 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 minor, 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) Parental tools (1) Tools 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 minor. (2) Requirements The parental tools described in paragraph (1) shall allow a parent of a user of the covered platform who the provider knows is a minor 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 parent 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. (3) Notice to minors 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 minor when any parental tool described in paragraph (1) is in effect and any setting or control that has been applied. (4) Default tools for children 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 child, the default setting for any parental tool 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. (5) Application to existing accounts If, before the effective date of this subtitle, a provider of a covered platform provides a parent of a user of the covered platform who the provider knows is a child with notice and the ability to enable a parental tool described in paragraph (1) in a manner that would otherwise comply with this subsection and the parent opts out of enabling any such parental tool, the covered platform is not required to enable any such tool with respect to such user by default on or after such effective date. (c) Rules of application (1) Accessibility With respect to any safeguard described in subsection (a)(1) and any parental tool described in subsection (b)(1), a provider of a covered platform shall provide each of the following: (A) Information and control options in a clear and conspicuous manner that takes into consideration the differing ages, capacities, and developmental needs of a user of the covered platform who the provider knows is a minor most likely to access the covered platform and does not encourage such a user or a parent of such a user to weaken or disable any such safeguard, option, or parental tool. (B) Readily accessible and easy-to-use controls to enable or disable any such safeguard or parental tool, as appropriate. (C) Information and control options in the same language, form, and manner as the provider provides the product or service used by such a user or a parent of such a user. (2) Timing considerations; application of changes to offline devices or accounts If the device of a user or user account does not have access to the internet at the time of a change to a parental tool described in subsection (b)(1), the provider of the relevant covered platform shall apply changes the next time the device or user is connected to the internet. (3) Prohibition 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 minor or a parent of such a user of any safeguard described in subsection (a)(1) or any parental tool described in subsection (b)(1). (d) Rules of construction Nothing in this section may be construed to do any of the following: (1) Prevent a provider of a covered platform from taking reasonable measures to block, detect, or prevent the distribution of unlawful, obscene, or other harmful material to minors or any other harms to minors described in section 213(a). (2) Prevent a provider of a covered platform from entering into an agreement with a third party with a primary or exclusive function of providing any safeguard described in subsection (a)(1) or any parental tool described in subsection (b)(1) or otherwise assisting with meeting the requirements described in subsections (a) and (b). (3) Prevent a parent or user from authorizing a third party described in paragraph (2) to implement any safeguard described in subsection (a)(1) or any parental tool described in subsection (b)(1).