KIDS Act

(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 with respect to the covered platform of such provider to identify minors; and

(2) prevent such 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.

(6) Not collect or use technology verification measure data for any purpose beyond what is strictly necessary to utilize 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) Choice of verification measures. A provider of a covered platform may choose the specific technology verification measures to utilize for purposes of complying with subsection (a), if such measures satisfy subsection (b).

(e) 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) and protect such technology verification measure data against unauthorized access.

(f) 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.