S. 1748: Kids Online Safety Act

Kids Online Safety Act

This bill requires covered online platforms, including social media platforms, to implement tools and safeguards to protect users and visitors under the age of 17. Covered platforms are online platforms, video games, messaging applications, or video streaming services used or likely to be used by individuals under the age of 17, with specified exceptions. 

The bill generally requires covered platforms to exercise reasonable care in the design and use of features that increase minors’ online activity in order to prevent and mitigate harm to minors (e.g., mental health disorders and severe harassment).  

Covered platforms are also required to provide certain safeguards to minors, such as protections for minors’ data; tools for parents of minors, such as access to minors’ privacy settings; and a mechanism for account holders and visitors to report harm to minors on the platform. 

Covered platforms are prohibited from conducting market or product research on children under the age of 13, and may only conduct such research on those under the age of 17 with parental consent. 

The bill provides for enforcement through the Federal Trade Commission and states. 

The bill also requires online platforms to meet certain requirements before using algorithms that select, order, or prioritize information presented to users based on user-specific data not provided for that purpose. Specifically, such platforms must (1) provide users with notice of the use of such algorithms, and (2) permit users to switch to an algorithm that does not rely on such user-specific data.