H.R. 7757
KIDS Act
Sponsor: Brett Guthrie
1 cosponsor
Official summary
Written by the Congressional Research Service.
Kids Internet and Digital Safety Act or the KIDS Act
This bill requires specified online platforms to establish safeguards for minors. The safeguards include (1) limiting access to specified sexual material, (2) providing parental controls on social media and online video game platforms, and (3) requiring artificial intelligence (AI) chatbots to disclose certain information to users who are minors.
First, publicly available online platforms on which more than one-third of the content is considered sexual material harmful to minors under the bill must adopt technology to identify minors and prevent them from accessing such material.
Next, social media platforms must (1) implement default settings for minors that limit compulsive usage features and the ability of other users to communicate with minors, and (2) provide tools for parents to manage the privacy and account settings of a minor. Social media platforms may not allow ephemeral messaging features for minors.
The bill also requires online video game platforms to provide tools that allow parents to (1) limit communication between a minor and other users of the platform, and (2) restrict purchases by a minor on the platform.
Further, providers of AI chatbots must disclose to users who are minors (1) that the chatbot is an AI system and not a human, and (2) suicide and crisis intervention hotline information.
Finally, the bill requires specified studies and reports about the effects of social media platforms on minors and provides for enforcement of the bill's requirements by the Federal Trade Commission and state attorneys general.
Text of the bill
I Shielding Minors from Obscenity
II Online Platforms
A Kids Online Safety
B Stop Profiling Youth and Kids
III Social Gaming Platforms
IV Artificial Intelligence Chatbots
V Research, Education, and Best Practices for Protecting Minors Online
A Research
1 Safe Social Media Act
2 No Fentanyl on Social Media Act
3 Assessing Safety Tools for Parents and Minors Act
4 Study on chatbots and mental health of minors
B Education
1 Promoting a Safe Internet for Minors Act
2 AI Warnings And Resources for Education (AWARE) Act
C Partnerships and Best Practices
VI Kids Privacy Protections
A COPPA 2.0
B Data Broker Disclosures
VII General Provisions
(a) Enforcement by Commission
(1) Unfair or deceptive acts or practices. A violation of this Act shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of Commission. The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act, and any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
(3) Authority preserved. Nothing in this title may be construed to limit the authority of the Commission under any other provision of law.
(b) Actions by States
(1) In general. In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to—
(A) enjoin such act or practice;
(B) enforce compliance with this Act;
(C) obtain damages, restitution, or other compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as the court may consider to be appropriate.
(2) Notice. Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action.
(3) Authority of Commission
(A) In general. On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right—
(i) to intervene in the action;
(ii) upon so intervening—
(I) to be heard on all matters arising therein; and
(II) to file petitions for appeal.
(B) Limitation on State action while Federal action is pending. If the Commission or the Attorney General of the United States has instituted a civil action for violation of this Act (referred to in this subparagraph as the Federal action), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of this Act alleged in such complaint.
(4) Rule of construction. For purposes of bringing a civil action under this subsection, nothing in this Act may be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.