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119 HR 7757 IH: Kids Internet and Digital Safety Act 
 U.S. House of Representatives 
 2026-03-03 
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 
 
 
 
 I 119th CONGRESS 2d Session H. R. 7757 IN THE HOUSE OF REPRESENTATIVES March 3, 2026 Mr. Guthrie introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To protect children and teens online, empower parents and strengthen families, and for other purposes. 
 1. Short title; table of contents 
 (a) Short title This Act may be cited as the Kids Internet and Digital Safety Act or the KIDS Act . (b) Table of contents The table of contents for this Act is as follows: 
 
 Sec. 1. Short title; table of contents. 
 Sec. 2. Definitions. 
 Title I—Shielding Minors from Obscenity 
 Sec. 101. Short title. 
 Sec. 102. Definitions. 
 Sec. 103. Technology verification measures. 
 Sec. 104. Consultation requirements. 
 Sec. 105. GAO report. 
 Sec. 106. Relationship to State laws. 
 Title II—Addressing Harms to Minors on Online Platforms 
 Sec. 201. Covered platform defined. 
 Subtitle A—Kids Online Safety 
 Sec. 211. Short title. 
 Sec. 212. Definitions. 
 Sec. 213. Addressing harms to minors. 
 Sec. 214. Safeguards for minors and parental tools. 
 Sec. 215. Reporting mechanism. 
 Sec. 216. Disclosure. 
 Sec. 217. Advertising and marketing information and labels. 
 Sec. 218. Advertising of illegal products. 
 Sec. 219. Audit; report. 
 Sec. 220. Rules of construction. 
 Sec. 221. Relationship to State laws. 
 Subtitle B—Safe Messaging for Kids 
 Sec. 231. Short title. 
 Sec. 232. Definitions. 
 Sec. 233. Prohibition on ephemeral messaging features for minors. 
 Sec. 234. Prohibition on direct messaging features for children. 
 Sec. 235. Parental controls for direct messaging features for teens. 
 Sec. 236. Rule of construction on encryption. 
 Sec. 237. Relationship to State law. 
 Sec. 238. Effective date. 
 Subtitle C—Stop Profiling Youth and Kids 
 Sec. 241. Short title. 
 Sec. 242. User defined. 
 Sec. 243. Market research. 
 Sec. 244. Relationship to State laws. 
 Sec. 245. Effective date. 
 Title III—Social Gaming Platforms 
 Sec. 301. Short title. 
 Sec. 302. Definitions. 
 Sec. 303. Safeguards requirements for online video game providers. 
 Sec. 304. Relationship to State laws. 
 Title IV—Artificial Intelligence Chatbots 
 Sec. 401. Short title. 
 Sec. 402. Definitions. 
 Sec. 403. Certain statements prohibited. 
 Sec. 404. Disclosure required. 
 Sec. 405. Policies required. 
 Sec. 406. Rule of construction. 
 Sec. 407. Relationship to State laws. 
 Title V—Research, Education, and Best Practices for Protecting Minors Online 
 Subtitle A—Research 
 Sec. 501. Definitions. 
 Part 1—Safe Social Media Act 
 Sec. 511. Short title. 
 Sec. 512. Report by Commission on social media use by minors. 
 Part 2—No Fentanyl on Social Media Act 
 Sec. 513. Short title. 
 Sec. 514. Report on the ability of minors to access fentanyl through social media platforms. 
 Part 3—Assessing Safety Tools for Parents and Minors Act 
 Sec. 515. Short title. 
 Sec. 516. Industry review and report. 
 Part 4—Study on chatbots and mental health of minors 
 Sec. 517. Study required. 
 Sec. 518. Consultation. 
 Sec. 519. Report. 
 Subtitle B—Education 
 Part 1—Promoting a Safe Internet for Minors Act 
 Sec. 521. Short title. 
 Sec. 522. Online safety for minors. 
 Part 2—AI Warnings And Resources for Education (AWARE) Act 
 Sec. 523. Short title. 
 Sec. 524. Chatbots and minors. 
 Subtitle C—Partnerships and Best Practices 
 Sec. 525. Short title. 
 Sec. 526. Kids Internet Safety Partnership. 
 Title VI—General Provisions 
 Sec. 601. Enforcement. 
 Sec. 602. Judicial review. 
 Sec. 603. Rules of construction. 
 Sec. 604. Severability. 
 Sec. 605. Effective date. 
 2. 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) 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) 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) Commission The term Commission means the Federal Trade Commission. (5) 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) Fully automated system The term fully automated system means an operation or set of operations performed on data with minimal or no direction, instruction, prompting, oversight, involvement, or intervention by an individual. (7) Know; knows The term know or knows means to have actual knowledge or to have acted in willful disregard. 
 (8) Minor 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— (A) a natural parent; 
 (B) an adoptive parent; (C) a legal guardian; and 
 (D) 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 ). 
 (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 The term sexual material harmful to minors 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 of the genitals; and 
 (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors; or (B) is child pornography. 
 (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 ). 
 I Shielding Minors from Obscenity 
 101. Short title This title may be cited as the Shielding Children’s Retinas from Egregious Exposure on the Net Act or the SCREEN Act . 102. Definitions In this title: 
 (1) Child pornography; minor The terms child pornography and minor have the meanings given those terms in section 2256 of title 18, United States Code. (2) Covered platform The term covered platform means a website or other online platform— 
 (A) that is accessible by the public; (B) with respect to which more than one-third of the material made available thereon is sexual material harmful to minors; and 
 (C) with respect to which the provider of such platform knowingly makes available the sexual material harmful to minors described in subparagraph (B). (3) Sexual act; sexual contact The terms sexual act and sexual contact have the meanings given those terms in section 2246 of title 18, United States Code. 
 (4) Technology verification measure The term technology verification measure means technology that employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor. (5) Technology verification measure data The term technology verification measure data means data that— 
 (A) is collected or processed for the purpose of fulfilling a request by an individual to access a covered platform or material on a covered platform; and (B) is collected or processed for the purpose of utilizing or providing a technology verification measure pursuant to this title. 
 103. Technology verification measures 
 (a) Covered platform requirements Beginning on the date that is 1 year after the date of the enactment of this Act, a provider of a covered platform shall— (1) adopt and utilize commercially available technology verification measures, reasonably designed to ensure accuracy, with respect to the covered platform of such provider to identify minors; and 
 (2) prevent minors from accessing any sexual material harmful to minors on the covered platform. (b) Additional requirements for compliance In order to comply with subsection (a), a provider of a covered platform (or a third party contracted by a provider of a covered platform with respect to such covered platform) shall, with respect to a covered platform of the provider, carry out the following: 
 (1) Use a technology verification measure in order to verify the age of a user. (2) Provide that a user confirming that the user is not a minor is not sufficient to verify age. 
 (3) Provide clear and conspicuous notice containing information on the technology verification measures and other policies and procedures related to the technology verification measure data used to comply with this title. (4) Take reasonable measures to address circumvention of technology verification measures. 
 (5) Not transfer, disclose, or retain any technology verification measure data beyond what is strictly necessary to use a technology verification measure pursuant to this title. (c) Use of third parties (1) In general A provider of a covered platform may contract with a third party to use technology verification measures for purposes of complying with subsection (a). 
 (2) Obligations; liability A provider of a covered platform who contracts with a third party as described in paragraph (1) is not relieved from any obligation or liability under this title. (d) Technology verification measure data security A provider of a covered platform (or a third party contracted by a provider of a covered platform with respect to such covered platform) shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and availability of technology verification measure data collected with respect to the covered platform of such provider (including by a third party contracted by such covered provider with respect to such covered platform). 
 (e) Rule of construction Nothing in this section may be construed to require the submission of government-issued identification of any individual to a covered platform or a third party contracted by a provider of a covered platform to use a technology verification measure. 104. Consultation requirements In carrying out this title, the Commission shall consult with the following individuals, including with respect to the applicable standards and metrics for making a determination on whether a user of a covered platform is or is not a minor: 
 (1) Individuals with experience in computer science and software engineering. (2) Individuals with experience in— 
 (A) advocating for online child safety; or (B) providing services to minors who have been victimized by online child exploitation. 
 (3) Individuals with experience in consumer protection and online privacy. (4) Individuals who supply technology verification measure products or have expertise in technology verification measures. 
 (5) Individuals with experience in data security and cryptography. 105. GAO report Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes the following: 
 (1) An analysis of the effectiveness of the technology verification measures required under section 103. (2) An analysis of the rate of compliance with such section by providers of covered platforms and third parties contracted by such providers with respect to such covered platforms. 
 (3) An analysis of the data privacy and security measures used by covered platforms with respect to age verification processes. (4) An analysis of the expression, speech, behavioral, economic, psychological, and societal effects of requiring technology verification measures under section 103. 
 (5) Recommendations, if any, to the Commission on improving the enforcement of this title. 106. Relationship to State laws (a) In general No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision requires a provider of a covered platform to use technology verification measures to prevent minors from accessing any sexual material harmful to minors on a covered platform of such provider. 
 (b) Rule of construction Nothing in subsection (a) may be construed to preempt the applicability of any of the following: (1) Any law of a State with respect to trespass, contract, tort, or product liability. 
 (2) Any statutory law that creates a remedy or penalty for criminal conduct. (3) Any law of general applicability of a State with respect to consumer protection. 
 II Addressing Harms to Minors on Online Platforms 
 201. Covered platform defined In this title, the term covered platform means a platform that is a website, software, application, or electronic service connected to the internet that meets the following requirements: (1) Is publicly available for use by consumers. 
 (2) Enables the creation of a username or user identifier— (A) that is searchable on the platform by other users through a function made available by the platform; and 
 (B) that can be followed by or is similarly accessible to other users of the platform. (3) As the primary purpose of the platform, facilitates the sharing and access to user-generated content through text, images, video, audio, or any other interactive medium. 
 (4) Uses a design feature to promote user engagement on the platform. (5) Uses the personal information of the user to advertise, market, or make content recommendations. 
 A Kids Online Safety 
 211. Short title This subtitle may be cited as the Kids Online Safety Act . 212. Definitions In this subtitle: 
 (1) Child The term child means an individual who is under the age of 13. (2) Compulsive usage The term compulsive usage means a persistent and repetitive use of a covered platform that substantially limits one or more major life activities of an individual (as described in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )). 
 (3) Geolocation information The term geolocation information means information sufficient to identify a street name and name of a city or town. (4) Processor The term processor means a person who— 
 (A) processes personal information on behalf of a covered platform; and (B) does not determine the purpose and means of processing such personal information 
 (5) Sexual exploitation and abuse The term sexual exploitation and abuse means any of the following: (A) Any offense, including coercion and enticement, described in section 2422 of title 18, United States Code. 
 (B) 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. (6) User The term user , with respect to a covered platform, means an individual who registers an account or creates a profile on the covered platform. 
 213. Addressing harms to minors 
 (a) In general A provider of a covered platform shall establish, implement, maintain, and enforce reasonable policies, practices, and procedures that address the following harms to minors: (1) Threats of physical violence so severe, pervasive, or objectively offensive that such threats impact a major life activity of a minor. 
 (2) Sexual exploitation and abuse. (3) Distribution, sale, or use of narcotic drugs, tobacco products, cannabis products, gambling, or alcohol. 
 (4) Any financial harm caused by deceptive practices. (b) Considerations The policies, practices, and procedures required by subsection (a) shall be appropriate to each of the following: 
 (1) The size and complexity of the covered platform. (2) The technical feasibility of addressing the harms described in subsection (a). 
 (c) Rules of construction Nothing in subsection (a) may be construed to— (1) require a provider of a covered platform to prevent or preclude any minor from— 
 (A) deliberately and independently searching for, or specifically requesting, content; or (B) accessing resources and information regarding the prevention or mitigation of the harms described in subsection (a); or 
 (2) impose a duty of care on a provider of a covered platform. 214. 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) . 
 215. Reporting mechanism 
 (a) Reporting tools A provider of a covered platform shall provide each of the following: (1) A readily accessible and easy-to-use means for a user of or visitor to the covered platform to submit a report to the covered platform of any harm to a minor related to the use of the covered platform. 
 (2) An electronic point of contact specific to matters involving harms to a minor. (3) Confirmation of the receipt of any such report and, within the applicable time period described in subsection (b), a substantive response to the user or visitor who submitted the report. 
 (b) Timing A covered platform shall establish an internal process to receive and substantively respond to a report submitted subsection (a)(1) in a reasonable and timely manner, but in no case later than— (1) 10 days after the date on which the report is received; or 
 (2) if the report involves an imminent threat to the safety of a minor, the date that is as prompt as needed to address the reported threat to safety. 216. Disclosure (a) Notice (1) Registration or purchase Before any registration or purchase on a covered platform by a user of or visitor to the covered platform who the provider knows is a minor, the provider shall provide clear, conspicuous, and easy-to-understand notice with respect to each of the following: 
 (A) The policies and practices of the covered platform with respect to safeguards for minors. (B) Information about how to access any safeguard described in section 214(a)(1) or any parental tool described in section 214(b)(1). 
 (2) Notification 
 (A) Notice and acknowledgment In the case of a user of or visitor to a covered platform who the provider of the covered platform knows is a minor, the provider shall provide information about any safeguard described in section 214(a)(1) or any parental tool described in section 214(b)(1) to a parent of such user or visitor and obtain verifiable parental consent with respect to any such safeguard or parental tool. (B) Reasonable effort A covered platform shall be deemed to have satisfied the requirement described in subparagraph (A) if the provider of the covered platform is in compliance with the requirements of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ) to use reasonable efforts (taking into consideration commercially available technology) to provide a parent with the information required by paragraph (1)(B) and to obtain the verifiable parental consent described in subparagraph (A) of this paragraph. 
 (b) Consolidated notices For purposes of this section, a provider of a covered platform may consolidate the process for providing information and obtaining verifiable parental consent required by this section with the obligations of the provider to provide relevant notice and obtain verifiable parental consent under the Children’s Online Privacy Protection Act of 1998. 217. Advertising and marketing information and labels A provider of a covered platform shall provide clear, conspicuous, and easy-to-understand labels and information, which may be provided through a link to another web page or disclosure, to a user of or visitor to the covered platform who the provider knows is a minor on advertisements regarding the disclosure of endorsements of products, services, or brands made for commercial consideration by other users of the covered platform. 
 218. Advertising of illegal products A provider of a covered platform may not facilitate the advertising of narcotic drugs, cannabis products, tobacco products, gambling, or alcohol to a user of or visitor to the covered platform who the provider knows is a minor. 219. Audit; report (a) Audit required Not later than 18 months after the date of the enactment of this subtitle, and annually thereafter, a provider of a covered platform shall ensure that an independent, third-party auditor conducts an independent, third-party audit of the covered platform. 
 (b) Audit specifications 
 (1) Criteria In conducting an audit required by subsection (a), an independent, third-party auditor shall do the following: (A) Consider widely accepted or evidence-based approaches, best practices, frameworks, and methods related to any safeguard described in section 214(a)(1) or any parental tool described in section 214(b)(1). 
 (B) Consider widely accepted or evidence-based approaches, best practices, frameworks, and methods related to identifying, preventing, and mitigating the harms to minors described in section 213(a). (C) Consult with parents (including parents with relevant experience), public health and mental health nonprofit organizations, health and development organizations, and experts in freedom of expression about methods to identify, prevent, and mitigate such harms. 
 (2) Contents An audit required by subsection (a) shall include the following: (A) An assessment of the extent to which the relevant covered platform is likely to be accessed by minors, including with respect to any difference between children and teens. 
 (B) An accounting of the following: (i) The number of users using such covered platform who the provider of such covered platform knows to be minors located in the United States. 
 (ii) The median and mean amounts of time spent on such covered platform by such users during the year in which such audit is conducted. (iii) A description of the policies, practices, and procedures implemented to address the harms to minors described in section 213(a). 
 (iv) The number of times that any safeguard described in section 214(a)(1) has been exercised during the year in which such audit is conducted. (v) The number of times that any parental tool described in section 214(b)(1) has been exercised during the year in which such audit is conducted. 
 (vi) The number of reports, categorized by types of harms to a minor, received by such covered platform through the reporting mechanism described in section 215(a)(1) during the year in which such audit is conducted. (C) A description of such safeguards for minors and parental tools that are available to minors and parents on such covered platform. 
 (D) A description of how such covered platform handles reports received through such reporting mechanism, including the rate of response to such a report and the timeliness and substantiveness of any such response. (E) A description of whether, how, and for what purpose such covered platform collects or processes categories of personal information of minors. 
 (F) If the covered platform has a process used to create, implement, or evaluate the impact of a design feature of the covered platform used by minors, a description of such process. (3) Cooperation by covered platform A provider of a covered platform shall facilitate an audit of the covered platform required by subsection (a) by doing the following: 
 (A) Providing or otherwise making available to the independent, third-party auditor that conducts such audit any information or material in the possession, custody, or control of such covered platform relevant to such audit. (B) Providing or otherwise making available to such auditor access to any network, system, or asset relevant to such audit. 
 (C) Disclosing any material fact to such auditor and not misrepresenting any material fact. (c) Report to Commission Not later than 30 days after the date on which an audit required by subsection (a) is completed, the provider of the relevant covered platform shall submit to the Commission the results of the audit. 
 (d) Public report Not later than 45 days after the date on which an audit required by subsection (a) is completed, the provider of the relevant covered platform shall issue a public report that— (1) includes the information in clauses (i), (ii), (iv), (v), and (vi) of subsection (b)(2)(B); and 
 (2) notwithstanding paragraph (1), may include any other information required by this section. 220. Rules of construction Nothing in this subtitle may be construed to require the provider of a covered platform to implement an age gating or age verification functionality on the covered platform. 
 221. Relationship to State laws No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law if such law, rule, regulation, requirement, standard, or other provision conflicts with the provisions of this subtitle. B Safe Messaging for Kids 231. Short title This subtitle may be cited as the Safe Messaging for Kids Act or the SMK Act . 
 232. Definitions In this subtitle: (1) App The term app means a software application that may be run or directed by a user on a computer, mobile device, or any other general purpose computing device. 
 (2) App store The term app store means a publicly available software application 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. (3) Covered user The term covered user means a user of a covered platform if the provider of such covered platform knows that such user is a minor. 
 (4) Direct messaging feature 
 (A) In general The term direct messaging feature means a function of a covered platform that enables a user to send a message, image, video, audio, or other communication directly to another user or a specific group of users of the covered platform. (B) Exclusion The term direct messaging feature does not include a function of a covered platform that enables a user to post content on the covered platform to— 
 (i) a public or semi-public profile; or (ii) a feed accessible to a broader group of users. 
 (5) Ephemeral messaging feature 
 (A) In general The term ephemeral messaging feature means a function of a covered platform that permanently deletes or renders inaccessible a message, image, video, audio, or other communication sent between users of the covered platform (such that neither the sender nor any recipient of such communication may readily retrieve or review the communication in the original form through the covered platform)— (i) after a predetermined period; 
 (ii) once viewed by such a recipient; or (iii) upon exiting the specific chat or messaging interface. 
 (B) Exceptions The term ephemeral messaging feature does not include— (i) a function of a covered platform that allows a user of the covered platform to manually delete a message, image, video, audio, or other communication sent by such user after the transmission of the communication (if such deletion does not automatically occur for each recipient of the communication or by the default design of such function); or 
 (ii) standard data volatility in transit or temporary caching not designed to make such a communication permanently inaccessible after viewing or a short, predetermined time. (6) 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, and is capable of running an app. 
 (7) Parental direct messaging controls The term parental direct messaging controls means a set of tools or settings that a provider of a covered platform provides to a parent of a covered user of the covered platform that allows the parent to manage the use of a direct messaging feature by such covered user. (8) Teen covered user The term teen covered user means a covered user who has attained the age of 13. 
 (9) Unapproved contact The term unapproved contact , with respect to a covered user for whom parental direct messaging controls have been activated, means a user of a covered platform with respect to whom the teen covered user may not use a direct messaging feature unless a parent of such teen covered user has provided verifiable parental consent under this subtitle. (10) Verifiable parental consent The term verifiable parental consent — 
 (A) has the meaning given that term in section 2 of this Act; and (B) includes ongoing mechanisms for parents to activate and manage parental direct messaging controls provided under this subtitle. 
 233. Prohibition on ephemeral messaging features for minors A provider of a covered platform may not offer, provide, or enable any ephemeral messaging feature of such covered platform to any covered user of the covered platform. 234. Prohibition on direct messaging features for children A provider of a covered platform may not offer, provide, or enable any direct messaging feature of such covered platform to any covered user of the covered platform under the age of 13 years. 
 235. Parental controls for direct messaging features for teens 
 (a) Requirement A provider of a covered platform that offers, provides, or enables any direct messaging feature of such covered platform to any teen covered user of the covered platform shall provide easily accessible and usable parental direct messaging controls to a parent of such teen covered user that the parent may activate and manage by providing verifiable parental consent. (b) Accessibility; usability; awareness The parental direct messaging controls described in subsection (a) shall meet the following requirements: 
 (1) Be clearly and conspicuously accessible to a parent of a teen covered user through— (A) the settings of a profile of the teen covered user; and 
 (B) any parental portal or interface offered by the covered platform. (2) Be designed to be user-friendly with clear explanations of the manner in which the parental direct messaging controls operate. 
 (c) Functionality of controls As a default setting on a covered platform, the parental direct messaging controls described in subsection (a) shall allow a parent of a teen covered user of the covered platform to do the following (unless the parent adjusts the default setting with respect to any of the following by providing verifiable parental consent): (1) Receive a timely notification that— 
 (A) alerts the parent about a request from an unapproved contact who seeks to use a direct messaging feature of the covered platform with respect to the teen covered user; and (B) allows the parent to approve or deny the request before the unapproved contact and the teen covered user engage in any direct messaging through any such direct messaging feature. 
 (2) View and manage a list of any contacts approved for engaging in direct messaging with the teen covered user through any direct messaging feature of the covered platform. (3) Be informed if the teen covered user changes the age listed on a profile of the teen covered user on the covered platform (if any such change affects the applicability of such parental direct messaging controls). 
 (4) Disable any direct messaging feature of any such profile. (5) Prevent any specific user, any specific group of users, or other users in general, from initiating or continuing to engage in direct messaging with the teen covered user through any direct messaging feature of the covered platform. 
 (6) Enable the teen covered user to set a profile of the teen covered user on the covered platform as hidden on any search such that— (A) other users are prevented from searching for and finding such profile; 
 (B) other users are prevented from seeing the current online or offline status of the teen covered user; and (C) other users are prevented from initiating or continuing to engage in direct messaging with the teen covered user through any direct messaging feature of the covered platform. 
 (d) No degradation of other features or services A provider of a covered platform may not degrade the functionality or availability of any other feature or service of the covered platform for a teen covered user of the covered platform based on the activation or management of parental direct messaging controls by a parent of the teen covered user under this section (except as necessary to implement any such parental direct messaging controls). (e) No circumvention A provider of a covered platform shall take reasonable measures to prevent a teen covered user of the covered platform from easily circumventing parental direct messaging controls activated and managed by a parent of the teen covered user under this section. 
 236. Rule of construction on encryption No requirement under this subtitle to restrict any feature for a covered user or to provide parental direct messaging controls for a direct messaging feature of a covered platform may be construed to override any protection for an encrypted communication described in this subtitle and a provider of a covered platform shall adhere to any such requirement, to the maximum extent technically feasible, through means that do not compromise the integrity of strong encryption offered to any user of the covered platform. 237. Relationship to State law (a) In general No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision— 
 (1) directly prohibits ephemeral or direct messaging on a covered platform for users under 13; or (2) regulates parental direct messaging controls on covered platforms for teen covered users. 
 (b) Rule of construction Nothing in subsection (a) may be construed to preempt the applicability of any of the following: (1) Any law of a State with respect to trespass, contract, tort, or product liability. 
 (2) Any statutory law that creates a remedy or penalty for criminal conduct. (3) Any law of general applicability of a State with respect to consumer protection. 
 238. Effective date 
 (a) In general Except as provided in subsection (b), this subtitle shall take effect on the date that is 180 days after the date of the enactment of this Act. (b) Exception The effective date described in subsection (a) does not apply with respect to section 235. 
 C Stop Profiling Youth and Kids 
 241. Short title This subtitle may be cited as the Stop Profiling Youth and Kids Act or the SPY Kids Act . 242. User defined In this subtitle, the term user , with respect to a covered platform, means an individual who registers an account or creates a profile on the covered platform. 
 243. Market research 
 (a) Prohibition of research on minors A provider of a covered platform may not, in the case of a user or visitor of the covered platform who the provider knows is a minor, conduct market or product-focused research on such user or visitor unless any such research is— (1) used solely to improve the privacy, security, transparency, or safety of the covered platform, including with respect to a design feature or any safeguard, setting, or tool offered to such user or visitor or a parent of such user or visitor; or 
 (2) necessary for compliance with a Federal or State law. (b) Rule of construction Nothing in this subtitle may be construed to limit the processing of personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including through an independent measurement. 
 244. Relationship to State laws 
 (a) In general No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision regulates the ability of a covered platform to conduct market or product-focused research on a minor. (b) Rule of construction Nothing in subsection (a) may be construed to preempt the applicability of any of the following: 
 (1) Any law of a State with respect to trespass, contract, tort, or product liability. (2) Any statutory law that creates a remedy or penalty for criminal conduct. 
 (3) Any law of general applicability of a State with respect to consumer protection. 245. Effective date This subtitle shall take effect on the date that is 90 days after the date of the enactment of this Act. 
 III Social Gaming Platforms 
 301. Short title This title may be cited as the Safer Guarding of Adolescents from Malicious Interactions on Network Games Act or the Safer GAMING Act . 302. Definitions (a) Definitions In this title: 
 (1) Covered communication tool The term covered communication tool means a capability available to a user of an interactive online video game that allows for the exchange of verbal, written, or visual messages between such user and any other user of such interactive online video game. (2) Covered user The term covered user means a user of an interactive online video game if the online video game provider of such interactive online video game knows that such user is a minor. 
 (3) Interactive online video game The term interactive online video game means a video game that— (A) connects to the internet; and 
 (B) allows a user of such video game to communicate with other users of such video game. (4) Online video game provider The term online video game provider means a person engaged in the business of providing directly to a consumer over the internet or other online means a digital storefront, console network, mobile or cloud gaming platform, or similar means of digital distribution that offers access to an interactive online video game for use by the consumer. 
 (5) Video game The term video game means a software program that— (A) receives and stores data or instructions generated by the user of such software program; and 
 (B) processes such data or instructions to create an interactive game for such user to play on a computer, gaming system, console, mobile device, or other technological means. 303. Safeguards requirements for online video game providers (a) Communication safeguards An online video game provider shall provide safeguards to a parent of a covered user of an interactive online video game of such online video game provider that allow the parent to limit communication between such covered user and any other user of such interactive online video game. 
 (b) Features 
 (1) In general An online video game provider shall ensure that the safeguards required by subsection (a) meet the following requirements: (A) Be accessible and easy to use. 
 (B) Be enabled by default on an account of a covered user of the interactive online video game of such online video game provider. (C) Be set to the most protective level of control by default on any such account. 
 (2) Protective level of control For purposes of paragraph (1)(C), the most protective level of control means the relevant safeguards— (A) are set to the most restrictive setting by default; and 
 (B) may be set to a less restrictive setting only by a parent of a covered user. (3) Other safeguards required An online video game provider shall provide to a covered user and a parent of a covered user of an interactive online video game of the online video game provider readily accessible and easy-to-use safeguards to do the following: 
 (A) Prevent a profile of such covered user or personal information connected to such covered user from being recommended or suggested to any other user of such interactive online video game who is not a minor. (B) Restrict purchases and financial transactions by such covered user. 
 (C) Limit the amount of time spent by such covered user on such interactive online video game. (c) Device controls Nothing in this section may be construed to prohibit an online video game provider from making available to the parent of a covered user of an interactive online video game of the online video game provider a single user interface that permits such parent to do the following: 
 (1) Set the level or scope of any covered communication tool with respect to multiple other users or categories of users or set the level or scope of multiple covered communication tools. (2) Control the safeguards required by this section. 
 (d) Notice to covered users An online video game provider shall provide clear and conspicuous notice to a covered user of an interactive online video game of the online video game provider when the safeguards required by this section are in effect that describes the settings or safeguards that have been applied. 304. Relationship to State laws (a) In general No State, or political subdivision of a State, may prescribe, maintain, enforce, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent that such law, rule, regulation, requirement, standard, or other provision regulates the provision of a covered communication tool or other safeguard by an online video game provider under this Act. 
 (b) Rule of construction Nothing in subsection (a) may be construed to preempt the applicability of any of the following: (1) Any law of a State with respect to trespass, contract, tort, or product liability. 
 (2) Any statutory law that creates a remedy or penalty for criminal conduct. (3

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Confidence: high · Complexity: complex · Model: grok-4.5

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• Criminal Justice & Public Safety

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