Safeguards for minors, parental tools, and teen messaging controls
Title II — Online Platforms › Subtitle A — Kids Online Safety
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(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 to communicate with such user or visitor, including through direct messages or ephemeral messages. (B) Prevent the profile or personal information of such user or visitor from being recommended or suggested to another user or visitor who the provider knows is not a minor. (C) Prevent other users or visitors from seeing the current online or offline status of such user. (D) Limit design features that encourage compulsive usage of the covered platform by such user or visitor. (E) 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. (F) 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) Option A covered platform shall provide a user that the covered platform knows is a minor with a readily accessible and easy-to-use option to limit the amount of time spent by such user on the covered platform. (3) 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) View the privacy and account settings of such user, including the teen messaging controls described in subsection (c)(2). (B) In the case of a user that the covered platform knows is a child, manage, change, and control the privacy and account settings of such user. (C) The ability to restrict purchases and financial transactions by such user, if applicable. (D) The ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by such user, if such time restrictions do not amount to full exclusion of access of such user to the covered platform. (E) Receive a notification when such user receives a request from another user who seeks to initiate direct messaging or ephemeral messaging with such user for the first time. (F) In the case of a user that the covered platform knows is a child, disable any ephemeral messaging features or direct messaging features. (3) Notice to parents of minors A provider of a covered platform shall provide clear and conspicuous notice to a parent of a user of the covered platform who the provider knows is a minor about the availability of the parental tools described in paragraph (1). (4) 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. (5) 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. (6) 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 parental tool with respect to such user by default on or after such effective date. (c) Additional messaging controls for teens (1) In general A provider of a covered platform that offers, provides, or enables any direct messaging feature or ephemeral messaging feature of such covered platform to any user of the covered platform who the provider knows is a teen shall provide easily accessible and usable messaging controls described in paragraph (2) to such user that the user may activate and manage. (2) Teen messaging controls The teen messaging controls described in this paragraph shall allow a user of the covered platform to do any of the following: (A) Receive a timely notification that— (i) alerts the user about a request from an unapproved contact who seeks to use a direct messaging feature or an ephemeral messaging feature of the covered platform with respect to the user; and (ii) allows the user to approve or deny the request before the unapproved contact and the user engage in any direct messaging or ephemeral messaging through any such direct messaging feature or ephemeral messaging feature. (B) View and manage a list of any contacts approved for engaging in direct messaging or ephemeral messaging with the user through any direct messaging feature or any ephemeral messaging feature of the covered platform. (C) Disable any direct messaging feature or ephemeral messaging feature. (D) Prevent any specific user, any specific group of users, or other user in general from initiating or continuing to engage in direct messaging or ephemeral messaging with the user through any direct messaging feature or any ephemeral messaging feature of the covered platform. (E) Enable the user to set a profile of the user on the covered platform as hidden. (d) Rules of application (1) Accessibility With respect to any safeguard described in subsection (a)(1), any parental tool described in subsection (b)(1), and any teen messaging control described in subsection (c)(2), 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, parental tool, or teen messaging control. (B) Readily accessible and easy-to-use controls to enable or disable any such safeguard, parental tool, or teen messaging control, 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 obscuring, subverting, or 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), any parental tool described in subsection (b)(1), or any teen messaging control described in subsection (c)(2). (e) 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— (A) providing— (i) any safeguard described in subsection (a)(1); (ii) any parental tool described in subsection (b)(1); or (iii) any teen messaging control described in subsection (c)(2); or (B) otherwise assisting with meeting the requirements described in subsections (a), (b), and (c). (3) Prevent a parent or user from authorizing a third party described in paragraph (2) to implement— (A) any safeguard described in subsection (a)(1); (B) any parental tool described in subsection (b)(1); or (C) any teen messaging control described in subsection (c)(2).
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