Overview

Title

Kids Online Safety and Privacy Act

ELI5 AI

The Kids Online Safety and Privacy Act is a rule that wants to make the internet safer for kids by making websites be more careful about what kids see and how they use their information. It also lets parents help control what their children do online.

Summary AI

The Kids Online Safety and Privacy Act aims to increase the safety and privacy of minors on the internet by imposing stricter regulations on online platforms and services used by children and teens. It requires platforms to include features allowing minors and parents to control privacy settings, restrict harmful content, and manage usage time. The bill also mandates regular transparency reports from platforms to assess risks to minors and outlines enforcement measures by the Federal Trade Commission and State attorneys general. Furthermore, it amends the Children's Online Privacy Protection Act to enhance protections for the personal information of children and teens.

Published

2024-07-30
Congress: 118
Session: 2
Chamber: SENATE
Status: Engrossed Amendment Senate
Date: 2024-07-30
Package ID: BILLS-118s2073eas

Bill Statistics

Size

Sections:
24
Words:
21,429
Pages:
106
Sentences:
272

Language

Nouns: 5,918
Verbs: 1,788
Adjectives: 1,256
Adverbs: 208
Numbers: 558
Entities: 604

Complexity

Average Token Length:
4.22
Average Sentence Length:
78.78
Token Entropy:
5.61
Readability (ARI):
41.26

AnalysisAI

Summary of the Bill

The Kids Online Safety and Privacy Act is a legislative proposal aimed at enhancing the safety and privacy of minors on the internet. It seeks to amend existing regulations to protect children and teens by setting forth obligations for online platforms to protect minors, defining new responsibilities for federal agencies, and establishing research initiatives on digital impacts on youth. The bill outlines a framework for dealing with online harms like mental health issues, addiction-like behavior, and the exploitation of minors. It also seeks to provide enhanced guidelines and guardrails for operators collecting and managing minors' personal information, introduce transparency measures, and engage stakeholders through research and advisory bodies.

Significant Issues

One of the primary issues with the bill is the broad definition of "covered platform," which might result in regulatory ambiguity. This could lead to inconsistent enforcement and potentially allow some services to bypass crucial privacy and safety measures meant for children. The bill's framework for a "duty of care" lacks specific definitions, potentially leaving platforms unsure about compliance in safeguarding minors from harmful behaviors and content. Additionally, there is no clear specification for verifying the age of users, risking the exposure of minors to inappropriate content.

Sections dealing with transparency and reporting requirements are designed to shed light on platform practices, but they lack a robust mechanism to address potential conflicts of interest for independent auditors. This could undermine the credibility of these audits. Furthermore, the proposed amendments to the Children's Online Privacy Protection Act introduce complexity that might make compliance difficult for companies, which may inadvertently hinder the intended effectiveness of privacy protections.

Impact on the Public

Broadly, the bill aims to create a safer online environment for children and teenagers. The emphasis on transparency, accountability, and empirical research could lead to more informed policy decisions and technological innovations that prioritize minors' safety. However, the ambiguity present in key sections could lead to inconsistent implementation, affecting overall efficacy.

Impact on Stakeholders

For parents and guardians, the bill offers promise by seeking to limit harmful content and enhance privacy protections for minors. However, the challenges in enforcement and compliance might restrict the real-world impact parents can expect. For online platforms, especially smaller entities, the compliance requirements could represent a significant financial and operational burden due to the complexity of meeting varied definitions and safeguarding user data effectively. On the other hand, large tech companies might face increased scrutiny and pressure to reform their platforms to align with these new requirements.

Regulatory bodies and authorities like the Federal Trade Commission are poised to gain increased oversight responsibilities, but might face difficulties due to the non-binding nature of some guidelines, potentially leading to inconsistent enforcement outcomes.

Ultimately, while the bill sets commendable goals for enhancing children's online safety, the complexities and potential ambiguities within its text highlight areas needing further clarification to ensure robust and effective protection for minors online.

Issues

  • The definition of 'covered platform' in Section 101 may create ambiguity around what services are included, potentially impacting enforcement and coverage. This could lead to some online services not adequately regulated, affecting children's privacy and safety.

  • The duty of care in Section 102 lacks clarity on what constitutes 'reasonable care' and 'addiction-like behaviors,' which may lead to inconsistencies in enforcement and difficulty in ensuring platforms adequately protect minors.

  • There is no specification in Section 103 for how platforms should verify the age of users, which could lead to inconsistent application of safeguards intended for minors, risking their exposure to harmful content.

  • Section 105's transparency requirements may not sufficiently address potential conflicts of interest for third-party auditors and lack a clear mechanism for public accountability or governmental oversight, potentially undermining trust and efficacy.

  • The bill makes significant amendments to the Children's Online Privacy Protection Act in Section 201 but adds complexity that may make it hard for entities to determine compliance requirements, risking the effectiveness of privacy protections for children.

  • While the FTC is required to issue guidance in Section 109, the non-binding nature of this guidance could lead to inconsistent enforcement and compliance confusion, weakening the overall effectiveness of the policy.

  • Section 106 requires studies on social media harms to minors, but the potential for wasteful spending and privacy concerns about data sharing may undermine the usefulness and ethicality of these studies.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

Read Opens in new tab

Summary AI

The Senate agrees with the House of Representatives' changes to a bill (S. 2073) that amends Title 31 of the United States Code. This bill requires government agencies to include a list of old or repetitive reporting requirements in their yearly budget reports and addresses other related issues.

1. Short title; table of contents Read Opens in new tab

Summary AI

The first section of the Kids Online Safety and Privacy Act provides the short title for the Act and outlines its table of contents, highlighting various measures aimed at ensuring online safety for children and teens, including definitions, duty of care, and safeguards for minors. It also covers transparency, research on social media, age verification, and the relationship to State laws, among other provisions.

101. Definitions Read Opens in new tab

Summary AI

The section of the bill defines several terms related to online safety for minors, including what constitutes a "child," a "minor," and a "covered platform." It also clarifies terms like "compulsive usage," "design feature," and "microtransaction," which relate to online behavior and purchases, as well as "personal data" and "personalized recommendation system," focusing on users' personal information handling.

102. Duty of care Read Opens in new tab

Summary AI

A covered platform must take reasonable steps to prevent and reduce harms to minors, such as mental health issues, addiction-like behaviors, violence, bullying, sexual exploitation, harmful marketing, and financial exploitation. However, this does not stop minors from searching for or requesting specific content, or accessing information to prevent these harms.

103. Safeguards for minors Read Opens in new tab

Summary AI

The section establishes requirements for online platforms to protect minors by providing safeguards like privacy controls, limiting communication and recommendations, and regulating advertising of harmful products. It also mandates tools for parents to manage their child's online activity and reporting mechanisms for harms, while prohibiting manipulative designs and ensuring accessibility and integration with third-party controls.

104. Disclosure Read Opens in new tab

Summary AI

Covered platforms must provide clear information to minors and their parents about their policies, safeguards, and tools for minors, including details on personalized recommendation systems and how to opt out. They also need to label advertising content clearly and offer resources in multiple languages to ensure accessibility.

105. Transparency Read Opens in new tab

Summary AI

A covered platform with over 10 million monthly U.S. users must publish a yearly report assessing the risks it poses to minors, the steps taken to prevent harm, and details about user activity and data related to minors. This report requires an independent audit and must safeguard user privacy by anonymizing data before public release. The report should also be easy to find on the platform's website.

106. Research on social media and minors Read Opens in new tab

Summary AI

The legislation mandates that the Federal Trade Commission (FTC) partner with the National Academy of Sciences to conduct studies on how social media harms minors, focusing on issues like mental health, substance abuse, and online exploitation. The FTC will gather necessary data from selected platforms, with findings aimed at guiding public policy and understanding these risks better.

107. Market research Read Opens in new tab

Summary AI

The Federal Trade Commission, in consultation with the Secretary of Commerce, will create guidelines to help companies conduct research on minors. These guidelines will include a standard consent form in multiple languages, instructions for getting parental consent, and research recommendations for various age groups. This guidance will be issued within 18 months and will involve public input and feedback from the Kids Online Safety Council.

108. Age verification study and report Read Opens in new tab

Summary AI

The proposed bill requires the Secretary of Commerce, along with the Federal Communications Commission and the Federal Trade Commission, to study age verification technologies at the device or operating system level. The study will assess the benefits, necessary information, accuracy, privacy concerns, technical feasibility, and competitive impact of these systems, with a report due to Congress one year after the act is enacted.

109. Guidance Read Opens in new tab

Summary AI

The Federal Trade Commission (FTC) is required to issue guidance within 18 months of the enactment of the Act to help covered platforms and auditors understand how to protect minors on the platforms, including tips on design features and parental tools. This guidance is meant for informational purposes and does not create legal obligations for any party, and the FTC or state attorneys general can only use it for reference when addressing violations of the Act.

110. Enforcement Read Opens in new tab

Summary AI

In this section, the Federal Trade Commission and State attorneys general are given the power to enforce laws against unfair and deceptive practices by certain platforms. The section allows the Federal Trade Commission to use its usual powers, and lets State attorneys general take legal action against violations, with specific rules about notifying the Commission and how the Commission can intervene in such cases.

111. Kids online safety council Read Opens in new tab

Summary AI

The Kids Online Safety Council will be established by the Secretary of Commerce within 180 days of the act's enactment. The council will include a diverse group of experts, parents, youth representatives, and various government officials, all working together to identify risks to minors online, suggest protective measures, guide research, and recommend best practices for transparency and accountability. The council is not subject to the Federal Advisory Committee Act.

112. Effective date Read Opens in new tab

Summary AI

This section states that unless specified differently within this part of the bill, it will become effective 18 months after the bill is officially passed into law.

113. Rules of construction and other matters Read Opens in new tab

Summary AI

This section explains how the new rules interact with existing laws and regulations. It clarifies that the rules don't override privacy laws, require collecting more personal data, or force age checks, but allow platforms to cooperate with law enforcement or manage legal claims. It also outlines compliance requirements for video streaming services, ensuring they have features to protect minors and manage content appropriately.

120. Definitions Read Opens in new tab

Summary AI

In this section, several important terms are defined, including the algorithmic ranking system, which sorts content on online platforms using computer processes like artificial intelligence; connected devices that can access the internet and analyze data; and user-specific data, which is personal information unique to each user or device. Detailed definitions also differentiate between opaque algorithms that use user data given without express consent, and input-transparent algorithms that require user approval for data usage. Additionally, it distinguishes between approximate and precise geolocation information based on the accuracy of the location data collected.

121. Requirement to allow users to see unmanipulated content on internet platforms Read Opens in new tab

Summary AI

Under this bill, it will be illegal for online platforms to use complex algorithms without giving clear notices to users about how these algorithms work and allowing them to switch to simpler ones. The Federal Trade Commission will enforce these rules, and platforms cannot charge users differently based on their choice of algorithm.

130. Relationship to State laws Read Opens in new tab

Summary AI

The section explains that this federal law will take precedence over state laws, rules, or regulations only if they are in conflict with it. However, it also clarifies that states are free to pass their own laws to give minors more protection than this federal law does.

131. Severability Read Opens in new tab

Summary AI

If any part of the title or its amendments is found to be unenforceable or invalid, the rest of the title and its amendments will remain in effect and unchanged.

201. Online collection, use, disclosure, and deletion of personal information of children and teens Read Opens in new tab

Summary AI

The section amends the Children’s Online Privacy Protection Act to better protect the privacy of children and teens online by expanding definitions, establishing rules for collecting, using, and sharing personal information, and requiring operators to obtain verifiable consent from parents or teens. It sets limits on how long operators can keep personal information, outlines the conditions for storing data outside the U.S., and clarifies rules for educational settings and safe harbor provisions.

202. Study and reports of mobile and online application oversight and enforcement Read Opens in new tab

Summary AI

The section requires the Federal Trade Commission (FTC) to submit two types of reports to Congress: one on how mobile and online applications for children comply with certain laws and regulations, and another on enforcement actions and investigations related to children's online privacy law, including complaints and suggestions for stronger protections. The first report is due three years after the act's enactment, and the second is an annual report starting one year after enactment.

203. GAO study Read Opens in new tab

Summary AI

The section requires the Comptroller General to conduct a study on the privacy concerns for teens using financial technology products, identify the types of products used, the privacy risks involved, and if current laws protect teen privacy adequately. The results and recommendations for further legislation or administrative actions are to be reported to Congress within a year.

204. Severability Read Opens in new tab

Summary AI

If any part of this title or its amendments is found to be unenforceable or invalid, the rest of the title and its amendments will still remain effective.

301. Sunsets for agency reports Read Opens in new tab

Summary AI

In this section, changes are made to the United States Code regarding the submission and assessment of agency reports to Congress. It outlines the responsibilities of agency leaders to identify unnecessary recurring reports, consult with other agencies, and provide recommendations to Congress about potentially outdated or duplicative reports, with the goal of improving efficiency and reducing redundant reporting.