HR6273-119

1. Short title This Act may be cited as the Stop Profiling Youth and Kids Act or the SPY Kids Act.

2. Definitions In this Act: The term child means an individual who is under the age of 13. The term Commission means the Federal Trade Commission. The term covered platform means a platform that is a website, software, application, or electronic service connected to the internet that— is publicly available for use by consumers; enables the creation of a username or user identifier— that is searchable on the platform; and that can be followed by or is otherwise accessible to other users of the platform; as the predominant purpose of the platform, facilitates the creation and access to user-generated content through text, images, video, audio, or any other interactive medium; uses a design feature to promote user engagement on the platform; and uses the personal information of the user to advertise, market, or make content recommendations. The term design feature— means any feature or component of a covered platform that encourages or increases the frequency, time spent, or activity of a minor on the covered platform; and includes any of the following: Infinite scrolling or auto play. Rewards or incentives based on the frequency, time spent, or activity of a minor on the covered platform. Notifications and push alerts. Badges or other visual award symbols based on the frequency, time spent, or activity of a minor on the covered platform. Appearance altering filters. The term know or knows means to have actual knowledge or to have acted in willful disregard. The term parent means the legal guardian of a minor. 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). 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. The term teen means an individual who is over the age of 13 and under the age of 17. The term user means, with respect to a covered platform, an individual who registers an account or creates a profile on the covered platform. 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)).

3. Market research A covered platform may not, in the case of a user or visitor that the covered platform knows is a child, conduct market or product-focused research on such child. A covered platform may not, in the case of a user or visitor that the online platform knows is a teen, conduct market or product-focused research on such teen, unless the covered platform obtains verifiable parental consent before conducting such research on such teen. Nothing in this Act 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.

4. Enforcement 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. 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. 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. 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 State court or an appropriate district court of the United States to— enjoin such act or practice; enforce compliance with this Act; obtain damages, restitution, or other compensation on behalf of residents of the State; or obtain such other legal and equitable relief as the court may consider to be appropriate. 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. On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right— to intervene in the action; upon so intervening, to be heard on all matters arising therein; and to file petitions for appeal. 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. For purposes of bringing a civil action under this subsection, nothing in this Act shall 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.

5. Rules of construction Nothing in this Act may be construed to— limit or impair the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) or any rule or regulation promulgated under such Act; or authorize any action in conflict with section 18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).

6. Relationship to State laws No State or political subdivision of a State may prescribe, maintain, or enforce 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 relates to the provisions of this Act.

7. Effective date Except as otherwise provided in this Act, this Act shall take effect on the date that is 90 days after the date of the enactment of this Act.