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1 1 (August 5, 2024)

handle is hein.crs/goveqfa0001 and id is 1 raw text is: Con re &on I Research S informing I leqi I ive de a ~ in e 1914 August 5, 2024 Kids Online Safety Act On July 30, 2024, the Senate passed the Kids Online Safety and Privacy Act (S. 2073). Title I of the act includes provisions similar to the Kids Online Safety Act (KOSA; S. 1409), and Title II includes provisions similar to the Children and Teens' Online Privacy Act (S. 1418, commonly referred to as COPPA 2.0). On May 23, 2024, the House Energy and Commerce Subcommittee on Innovation, Data, and Commerce forwarded to the full committee a different version of KOSA (H.R. 7891) and a discussion draft of the American Privacy Rights Act (APRA; H.R. 8818), which includes provisions similar to the House's COPPA 2.0 bill (H.R. 7890). The House Committee on Energy and Commerce cancelled a markup, which would have included both KOSA and APRA, that was scheduled for June 27, 2024. This InFocus provides a summary of Title I of S. 2073, compares it with H.R. 7891, and provides some considerations for Congress. For more information on COPPA 2.0, see CRS Legal Sidebar LSB 11161, The American Privacy Rights Act, by Chris D. Linebaugh et al. Summary of S. 203 - T Ite Title I of S. 2073 would create requirements for covered platforms that are used by, or reasonably likely to be used by, minors. It defines covered platforms as online platforms, online video games, messaging applications (apps), and video streaming services that connect to the internet, with some exceptions (e.g., email providers and certain news and sports websites and apps). An online platform is defined as any public-facing website, online service, online app, or mobile app that predominantly provides a community forum for user-generated content. The bill defines minor as an individual under the age of 17 and child as an individual under the age of 13. The requirements for covered platforms would include the following: Duty of Care. Covered platforms would be required to exercise reasonable care in the creation and implementation of any design feature to prevent and mitigate certain harms to minors, including (1) certain mental health disorders (specifically anxiety, depression, eating disorders, substance use disorders, and suicidal behavior); (2) patterns of use that indicate or encourage compulsive usage by minors; (3) physical violence, cyberbullying, and discriminatory harassment of a minor; (4) sexual exploitation and abuse of minors; and (5) promotion and marketing of narcotic drugs, tobacco products, gambling, or alcohol. The platforms would not be required to prevent a minor from deliberately and independently searching for, or specifically requesting, content. * Safeguards for Minors. Covered platforms would be required to provide safeguards for a user that they know is a minor that (1) limit the ability for others to communicate with the minor; (2) prevent others from viewing a minor's personal data that are collected or shared by the platform; (3) limit design features that encourage or increase the frequency, time spent, or activity of minors; (4) control personalized recommendation systems, including the ability to display content in chronological order and limit certain types of recommendations; and (5) restrict the sharing of a minor's geolocation and provide notice when the minor's geolocation is tracked. The platforms would be required to set the default setting for these safeguards at the most protective level and provide minors the option to limit the amount of time spent on the platform. The platforms would be prohibited from facilitating advertisements of narcotic drugs, tobacco products, gambling, or alcohol to a minor. * Parental Tools. Covered platforms would be required to provide tools for parents of a user that the platform knows is a minor that allow the parent to (1) view a minor's privacy and account settings, including the safeguards mentioned above; (2) change and control a child's privacy and account settings; (3) restrict a minor's purchases and financial transactions; and (4) view metrics and restrict time spent on the platform by the minor. The platforms would be required to provide users notice of which tools have been enabled. * Reporting Mechanism. Covered platforms would be required to provide a means for parents, minors, and schools to submit reports about harms to minors. The platforms would need to substantively respond within 10 days if they average more than 10 million U.S. monthly active users, 21 days if they average less than 10 million U.S. monthly active users, and as promptly as needed if the report involves an imminent safety threat. * Disclosure. Covered platforms would be required to provide notice about safeguards and parental tools prior to registration or purchase if the platform knows that a user is a minor and obtain verifiable parental consent if the platform knows the user is a child. * Transparency. A covered platform with more than 10 million U.S. monthly active users that predominantly provides a community forum for user-generated content and discussion would be required to issue a public report at least once a year describing reasonably

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