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Arkansas House Bill HB1083

Arkansas 2025 Regular Session

Arkansas House Bill HB1083 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
22 *LJH015* 01/13/2025 8:28:03 AM LJH015
33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 HOUSE BILL 1083 3
66 4
77 By: Representatives A. Collins, Springer 5
88 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO CREATE THE ARKANSAS KIDS ONLINE SAFETY ACT; 9
1212 AND FOR OTHER PURPOSES. 10
1313 11
1414 12
1515 Subtitle 13
1616 TO CREATE THE ARKANSAS KIDS ONLINE 14
1717 SAFETY ACT. 15
1818 16
1919 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
2020 18
2121 SECTION 1. Arkansas Code Title 4, Chapter 88, is amended to add an 19
2222 additional subchapter to read as follows: 20
2323 Subchapter 15 — Arkansas Kids Online Safety Act 21
2424 22
2525 4-88-1501. Title. 23
2626 This subchapter shall be known and may be cited as the "Arkansas Kids 24
2727 Online Safety Act". 25
2828 26
2929 4-88-1502. Definitions. 27
3030 As used in this subchapter: 28
3131 (1) "Child" means an individual who is twelve (12) years of age 29
3232 or less; 30
3333 (2) "Compulsive usage" means any response stimulated by external 31
3434 factors that causes an individual to engage in repetitive behavior that is 32
3535 reasonably likely to cause psychological distress, loss of control, anxiety, 33
3636 or depression; 34
3737 (3) "Connected device” means an electronic device that: 35
3838 (A) Is capable of connecting to the internet, either 36 HB1083
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4141 directly or indirectly through a network, to communicate information at the 1
4242 direction of an individual; 2
4343 (B) Has computer processing capabilities for collecting, 3
4444 sending, receiving, or analyzing data; and 4
4545 (C) Is primarily designed for or marketed to consumers; 5
4646 (4)(A) "Covered platform" means an entity that operates an 6
4747 online platform, online video game, messaging application, or video streaming 7
4848 service that: 8
4949 (i) Connects to the internet; and 9
5050 (ii) Is used, or is reasonably likely to be used, by 10
5151 a minor. 11
5252 (B) "Covered platform" does not include: 12
5353 (i) An entity acting in the entity's own capacity as 13
5454 a provider of: 14
5555 (a) A common carrier service subject to the 15
5656 Telecommunications Act of 1996, Pub. L. No. 73 -416; 16
5757 (b) A broadband internet access service as 17
5858 defined in 47 C.F.R. § 8.1(b), as it existed on January 1, 2025; 18
5959 (c) An email service; 19
6060 (d) A teleconferencing or videoconferencing 20
6161 service that allows reception and transmission of audio and video signals for 21
6262 real-time communication, provided that: 22
6363 (1) It is not an online platform such as 23
6464 a social media service or social network; and 24
6565 (2) The real-time communication is 25
6666 initiated by using a unique link or identifier to facilitate access; or 26
6767 (e) A wireless messaging service, including a 27
6868 service that is provided through short messaging service or multimedia 28
6969 messaging service protocols: 29
7070 (1) That is not a component of or linked 30
7171 to an online platform; and 31
7272 (2) Where the predominant or exclusive 32
7373 function is direct messaging consisting of the transmission of text, photos, 33
7474 or videos that are sent by electronic means, where messages are transmitted 34
7575 from the sender to the recipient, and are not posted within an online 35
7676 platform or publicly; 36 HB1083
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7979 (ii) An organization that is not organized to carry 1
8080 on business for its own profit or the profit of its members; 2
8181 (iii) A public or private preschool, elementary 3
8282 school, secondary school, or any institution of vocational, professional, or 4
8383 higher education; 5
8484 (iv) A library, as defined in the Library Services 6
8585 and Technology Act, 20 U.S.C. § 9122, as it existed on January 1, 2025; 7
8686 (v) A news website or news application where: 8
8787 (a) The inclusion of video content on the 9
8888 website or application is related to the website or application's own 10
8989 gathering, reporting, or publishing of news content; and 11
9090 (b) The website or application is not 12
9191 otherwise an online platform; 13
9292 (vi) A product or service that primarily functions 14
9393 as business-to-business software; or 15
9494 (vii) A virtual private network or similar service 16
9595 that exists solely to route internet traffic between locations; 17
9696 (5) "Deidentified" means data that does not identify and is not 18
9797 linked or reasonably linkable to a device that is linked or reasonably 19
9898 linkable to an individual, regardless of whether the information is 20
9999 aggregated; 21
100100 (6) "Geolocation" means information sufficient to identify a 22
101101 street name and a name of a city or town; 23
102102 (7)(A) "Individual-specific advertising to minors" means 24
103103 advertising or any other effort to market a product or service that is 25
104104 directed to a specific minor or a device that is linked or reasonably 26
105105 linkable to a minor based on: 27
106106 (i) The personal data of the minor or a group of 28
107107 minors who are similar in sex, age, income level, race, or ethnicity to the 29
108108 specific minor to whom the product or service is marketed; 30
109109 (ii) Psychological profiling of a minor or group of 31
110110 minors; or 32
111111 (iii) A unique identifier of the device. 33
112112 (B) "Individual-specific advertising to minors" includes 34
113113 advertising or any other effort to market a product or service that is 35
114114 directed to a specific minor or a device that is linked or reasonably 36 HB1083
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117117 linkable to a minor as a result of use by the minor, access by device of the 1
118118 minor, or use by a group of minors who are similar to the specific minor, of 2
119119 more than a single: 3
120120 (i) Website; 4
121121 (ii) Online service; 5
122122 (iii) Online application; 6
123123 (iv) Mobile application; or 7
124124 (v) Connected device. 8
125125 (C) "Individual-specific advertising to minors" does not 9
126126 include: 10
127127 (i) Advertising or marketing to a minor or the 11
128128 device of the minor's specific request for information or feedback, including 12
129129 without limitation a minor's current search query; 13
130130 (ii) Contextual advertising, including without 14
131131 limitation when an advertisement is displayed based on the content of the 15
132132 covered platform on which the advertisement appears and does not vary based 16
133133 on personal information related to the minor; or 17
134134 (iii) Processing personal information solely for 18
135135 measuring or reporting advertising or content performance, reach, or 19
136136 frequency, including without limitation independent measurement; 20
137137 (8) "Knows" means to have actual knowledge or knowledge fairly 21
138138 implied on the basis of objective circumstances; 22
139139 (9) "Mental health disorder" means the same as "mental disorder" 23
140140 under the most current edition of the Diagnostic and Statistical Manual of 24
141141 Mental Disorders; 25
142142 (10) "Minor" means an individual who is sixteen (16) years of 26
143143 age or younger; 27
144144 (11) "Narcotic drugs" means the same as defined in the 28
145145 Controlled Substances Act, 21 U.S.C. § 802, as it existed on January 1, 2025; 29
146146 (12) "Online platform" means any public -facing website, online 30
147147 service, online application, or mobile application that predominantly 31
148148 provides a community forum for user generated content, including without 32
149149 limitation sharing videos, images, games, audio files, or other content; 33
150150 (13) "Online video game" means a video game, including an 34
151151 educational video game, that connects to the internet and: 35
152152 (A) Allows a user to: 36 HB1083
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155155 (i) Create and upload content; 1
156156 (ii) Engage in microtransactions within the game; or 2
157157 (iii) Communicate with other users; or 3
158158 (B) Incorporates minor -specific advertising; 4
159159 (14) "Parent" means a: 5
160160 (A) Natural parent of a minor; 6
161161 (B) Legal guardian of a minor; or 7
162162 (C) Individual with legal custody of a minor; 8
163163 (15) "Personal data" means information that identifies or is 9
164164 linked or reasonably linkable to a particular minor, including without 10
165165 limitation a consumer device identifier that is linked or reasonably linkable 11
166166 to a minor; 12
167167 (16) "Personalized recommendation system" means a fully or 13
168168 partially automated system used to suggest, promote, or rank content, 14
169169 including other users or posts, based on the personal data of a user or 15
170170 users; and 16
171171 (17) "Verifiable parental consent" means the same as defined in 17
172172 the Children's Online Privacy Protection Act, 15 United States Code § 6501, 18
173173 as it existed on January 1, 2025. 19
174174 20
175175 4-88-1503. Duty of care — Prevention of harm to minors — Limitations. 21
176176 (a) A covered platform shall take reasonable measures in the design 22
177177 and operation of any product, service, or feature that the covered platform 23
178178 knows is used by minors to prevent and mitigate harm to minors, including 24
179179 without limitation: 25
180180 (1) The following mental health disorders, consistent with 26
181181 evidence-informed medical information: 27
182182 (A) Anxiety; 28
183183 (B) Depression; 29
184184 (C) Eating disorders; 30
185185 (D) Substance use disorders; and 31
186186 (E) Suicidal behaviors; 32
187187 (2) Patterns of use that indicate or encourage addiction -like 33
188188 behaviors; 34
189189 (3) Physical violence, online bullying, and harassment of the 35
190190 minor; 36 HB1083
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193193 (4) Sexual exploitation and abuse; 1
194194 (5) Promotion and marketing of narcotic drugs, tobacco products, 2
195195 gambling, or alcohol; and 3
196196 (6) Predatory, unfair, or deceptive marketing practices and 4
197197 other financial harms. 5
198198 (b) This section shall not be construed to require a covered platform 6
199199 to prevent or preclude: 7
200200 (1) A minor from deliberately and independently searching for or 8
201201 specifically requesting content; 9
202202 (2) The covered platform or individuals on the platform from 10
203203 providing resources for the prevention or mitigation of the harms described 11
204204 in subsection (a) of this section; or 12
205205 (3) A covered platform that knows that an individual is a minor 13
206206 from delivering an advertisement that is age -appropriate for the minor 14
207207 involved and intended for a minor, so long as the covered platform does not 15
208208 use any personal data other than the age of the minor in deciding to deliver 16
209209 the advertisement. 17
210210 18
211211 4-88-1504. Safeguards for minors — Parental tools — Reporting — 19
212212 Application. 20
213213 (a) A covered platform shall provide an individual that the covered 21
214214 platform knows is a minor with readily accessible and easy -to-use safeguards 22
215215 to: 23
216216 (1) Limit the ability of other individuals to communicate with 24
217217 the minor; 25
218218 (2) Prevent other users, whether registered or not, from viewing 26
219219 the minor's personal data collected by or shared on the covered platform, 27
220220 including without limitation restricting public access to personal data; 28
221221 (3) Limit features that increase, sustain, or extend use of the 29
222222 covered platform by the minor, including without limitation: 30
223223 (A) Automatic playing of media; 31
224224 (B) Rewards for time spent on the platform; 32
225225 (C) Notifications; and 33
226226 (D) Other features that result in compulsive usage of the 34
227227 covered platform by the minor; 35
228228 (4) Control personalized recommendation systems by providing the 36 HB1083
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231231 minor with the ability to: 1
232232 (A) Opt out of personalized recommendation systems while 2
233233 still allowing the display of content based on a chronological format; or 3
234234 (B) Limit access to certain types or categories of 4
235235 recommendations from the personalized recommendation systems; 5
236236 (5) Restrict the sharing of the geolocation of the minor to 6
237237 other users on the platform; and 7
238238 (6) Provide notice regarding the tracking of the minor's 8
239239 geolocation. 9
240240 (b) A covered platform shall provide an individual that the covered 10
241241 platform knows is a minor with readily accessible and easy -to-use options to: 11
242242 (1) Delete the minor's account and any personal data collected 12
243243 from or shared by the minor on the covered platform; or 13
244244 (2) Limit the amount of time spent by the minor on the covered 14
245245 platform. 15
246246 (c) A covered platform shall provide that, in the case of a user that 16
247247 the platform knows is a minor, the default setting for any safeguard 17
248248 described under subsection (a) of this section shall be the option available 18
249249 on the platform that provides the most protective level of control that is 19
250250 offered by the platform over privacy and safety for that user. 20
251251 (d)(1) A covered platform shall provide readily accessible and easy -21
252252 to-use settings for a parent to support an individual that the covered 22
253253 platform knows is a minor with respect to the individual's use of the covered 23
254254 platform. 24
255255 (2) The parental tools provided by a covered platform shall 25
256256 include: 26
257257 (A) The ability to manage a minor's privacy and account 27
258258 settings, including without limitation the safeguards and options established 28
259259 under subsections (a) and (b) of this section, in a manner that allows a 29
260260 parent to: 30
261261 (i) View the privacy and account settings; and 31
262262 (ii) In the case of a user that the covered platform 32
263263 knows is a child, change and control the privacy and account settings; and 33
264264 (B) The ability to: 34
265265 (i) Restrict purchases and financial transactions by 35
266266 the minor; and 36 HB1083
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269269 (ii) View metrics of total time spent on the 1
270270 platform and restrict time spent on the covered platform by the minor. 2
271271 (3) A covered platform shall provide clear and conspicuous 3
272272 notice to an individual that the platform knows is a minor when the tools 4
273273 under subdivisions (1) —(3) of this subsection (d) are in use and what 5
274274 settings or controls have been applied. 6
275275 (4) If a covered platform knows a user is a child, the covered 7
276276 platform shall ensure that the tools described under subdivisions (1) —(3) of 8
277277 this subsection (d) are enabled by default. 9
278278 (e)(1) A covered platform shall provide: 10
279279 (A) A readily accessible and easy -to-use means to submit 11
280280 reports to the covered platform of harms to a minor; 12
281281 (B) An electronic point of contact specific to matters 13
282282 involving harms to a minor; and 14
283283 (C) Confirmation of the covered platform's receipt of such 15
284284 a report and a means to track a submitted report through the covered 16
285285 platform. 17
286286 (2)(A) A covered platform shall establish an internal process to 18
287287 receive and substantively respond to such reports in a reasonable and timely 19
288288 manner, but in no case later than: 20
289289 (i) Ten (10) days after receipt of a report, if for 21
290290 the most recent calendar year, the covered platform averaged more than ten 22
291291 million (10,000,000) active users on a monthly basis in the United States; or 23
292292 (ii) Twenty-one (21) days after receipt of a report, 24
293293 if for the most recent calendar year, the covered platform averaged fewer 25
294294 than ten million (10,000,000) active users on a monthly basis in the United 26
295295 States. 27
296296 (B) However, if the report under this subsection (e) 28
297297 involves an imminent threat to the safety of a minor, a covered platform 29
298298 shall address as promptly as possible the reported threat to safety. 30
299299 (f) If a covered platform knows an individual is a minor, the covered 31
300300 platform shall not facilitate advertising to the minor of: 32
301301 (1) Narcotic drugs; 33
302302 (2) Tobacco products; 34
303303 (3) Gambling; or 35
304304 (4) Alcohol. 36 HB1083
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307307 (g) A covered platform shall implement the safeguards and parental 1
308308 controls described under subsections (a) —(d) of this section by providing: 2
309309 (1) Information and control options in a clear and conspicuous 3
310310 manner that: 4
311311 (A) Considers the differing ages, capacities, and 5
312312 developmental needs of the minors most likely to access the covered platform; 6
313313 and 7
314314 (B) Does not encourage a minor or a parent of a minor 8
315315 to weaken or disable safeguards or parental controls ; 9
316316 (2) Readily accessible and easy -to-use controls to enable or 10
317317 disable safeguards or parental controls; and 11
318318 (3) Information and control options in the same language, form, 12
319319 and manner as the covered platform provides the product or service used by 13
320320 minors and their parents. 14
321321 (h) It is unlawful and a violation of the Deceptive Trade Practices 15
322322 Act, § 4-88-101 et seq., for any covered platform to design, modify, or 16
323323 manipulate a user interface of a covered platform with the purpose or 17
324324 substantial effect of subverting or impairing user autonomy, decision -making, 18
325325 or choice regarding safeguards or parental controls required under this 19
326326 section. 20
327327 (i) Nothing in this section shall be construed to: 21
328328 (1) Prevent a covered platform from taking reasonable measures 22
329329 to: 23
330330 (A) Block, detect, or prevent the distribution of 24
331331 unlawful, obscene, or other harms to minors as described in § 4 -88-1503; or 25
332332 (B) Block or filter spam, prevent criminal activity, or 26
333333 protect the security of a covered platform; 27
334334 (2) Require the disclosure of a minor's browsing behavior, 28
335335 search history, messages, contact list, or other content or metadata of his 29
336336 or her communications; 30
337337 (3) Prevent a covered platform from using a personalized 31
338338 recommendation system to display content to a minor if the personalized 32
339339 recommendation system only uses information on: 33
340340 (A) The language spoken by the minor; 34
341341 (B) The city the minor is located in; or 35
342342 (C) The minor's age; or 36 HB1083
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345345 (4) Prohibit a covered platform from integrating its products or 1
346346 service with controls from third -party systems, including without limitation 2
347347 operating systems or gaming consoles, to meet the requirements imposed under 3
348348 subsections (a)—(d) of this section regarding safeguards for minors and tools 4
349349 for parents, provided that: 5
350350 (A) The controls meet the requirements under subsections 6
351351 (a)—(d) of this section; and 7
352352 (B) The minor or parent is provided with reasonable notice 8
353353 under the circumstances of the integration and use of the controls. 9
354354 10
355355 4-88-1505. Disclosure — Notice — Personalized recommendation system — 11
356356 Advertising and marketing information and labels — Resources. 12
357357 (a)(1) Before registration or purchase of a covered platform by an 13
358358 individual that the platform knows is a minor, the covered platform shall 14
359359 provide clear, conspicuous, and easy -to-understand: 15
360360 (A) Notice of the policies and practices of the covered 16
361361 platform regarding personal data and safeguards for minors; 17
362362 (B) Information about how to access the safeguards and 18
363363 parental tools required under § 4 -88-1504; and 19
364364 (C) Notice regarding whether the covered platform uses or 20
365365 makes available to minors a product, service, or feature, including without 21
366366 limitation a personalized recommendation system, that poses any heightened 22
367367 risk of harm to minors. 23
368368 (2)(A) In the case of an individual that a covered platform 24
369369 knows is a child, the platform shall provide information about the parental 25
370370 tools and safeguards required under § 4 -88-1504 to a parent of the child and 26
371371 obtain verifiable parental consent from the parent before the initial use of 27
372372 the covered platform by the child. 28
373373 (B) A covered platform is deemed to have satisfied the 29
374374 requirement described in subdivision (a)(2)(A) if the covered platform uses 30
375375 reasonable efforts taking into consideration available technology to provide 31
376376 a parent with the information described in subdivision (a)(2)(A) of this 32
377377 section and to obtain verifiable parental consent under § 4 -88-1504. 33
378378 (C) If the covered platform is not required to obtain 34
379379 verifiable parental consent under § 4 -88-1504, the covered platform shall 35
380380 provide information about the parental tools and safeguards required under § 36 HB1083
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383383 4-88-1504 to a parent of a user that the platform knows is a child and obtain 1
384384 parental consent from the parent before the initial use of the covered 2
385385 platform by the child. 3
386386 (b) A covered platform that operates a personalized recommendation 4
387387 system shall, in a clear, conspicuous, and easy -to-understand manner, set out 5
388388 in its terms and conditions of use: 6
389389 (1) An overview of how the personalized recommendation system is 7
390390 used by the covered platform to provide information to the users of the 8
391391 platform who are minors, including without limitation how the personalized 9
392392 recommendation system uses the personal data of minors; and 10
393393 (2) Information about options for a minor or his or her parent 11
394394 to opt out of or control the personalized recommendation system. 12
395395 (c) A covered platform that facilitates advertising aimed at a user 13
396396 that the covered platform knows is a minor shall provide clear, conspicuous, 14
397397 and easy-to-understand information and labels to the minor on advertisements 15
398398 regarding: 16
399399 (1) The name of the product, service, or brand and the subject 17
400400 matter of an advertisement; 18
401401 (2) If the covered platform engages in individual -specific 19
402402 advertising to minors, why a particular advertisement is directed to a 20
403403 specific minor, including without limitation material information about how 21
404404 the minor's personal data is used to direct the advertisement to the minor; 22
405405 and 23
406406 (3) Whether particular media displayed to the minor is an 24
407407 advertisement or marketing material, including without limitation disclosure 25
408408 of endorsements of products, services, or brands made for commercial 26
409409 consideration by other users of the covered platform. 27
410410 (d) A covered platform shall provide to a minor and his or her parent 28
411411 clear, conspicuous, easy -to-understand, and comprehensive information in a 29
412412 prominent location regarding: 30
413413 (1) The covered platform's policies and practices regarding 31
414414 collection and retention of personal data and safeguards in place to protect 32
415415 minors; and 33
416416 (2) How to access the safeguards and tools required under § 4 -34
417417 88-1504. 35
418418 (e) A covered platform shall ensure, to the extent practicable, that 36 HB1083
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421421 the disclosures required by this section are made available in the same 1
422422 language, form, and manner as the covered platform provides any product or 2
423423 service used by a minor and his or her parent. 3
424424 4
425425 4-88-1506. Enforcement. 5
426426 (a) In an enforcement action brought under this subchapter, the 6
427427 Attorney General shall allege a violation of a provision of this subchapter. 7
428428 (b)(1) A violation of this subchapter is: 8
429429 (A) An unfair and deceptive act or practice under the 9
430430 Deceptive Trade Practices Act, § 4 -88-101 et seq.; and 10
431431 (B) Punishable solely by action of the Attorney General. 11
432432 (2) All remedies, penalties, and authority granted to the 12
433433 Attorney General under the Deceptive Trade Practices Act, § 4 -88-101 et seq., 13
434434 shall be available to the Attorney General for the enforcement of this 14
435435 subchapter. 15
436436 (3) The remedies and penalties for violations under this 16
437437 subchapter are cumulative and in addition to other procedures or remedies for 17
438438 violations or conduct under other law. 18
439439 19
440440 4-88-1507. Kids Online Safety Council. 20
441441 (a) There is created within the Department of Commerce a council to be 21
442442 known as the "Kids Online Safety Council". 22
443443 (b) The council shall consist of nine (9) members appointed by the 23
444444 Secretary of Commerce and include diverse participation from: 24
445445 (1) Academic experts, health professionals, and members of civil 25
446446 society with expertise in mental health, substance use disorders, and the 26
447447 prevention of harms to minors; 27
448448 (2) Representatives in academia and civil society with specific 28
449449 expertise in privacy and civil liberties; 29
450450 (3) Parents and youth representation; 30
451451 (4) Representatives of covered platforms; 31
452452 (5) Representatives of the State Securities Department, the 32
453453 Department of Corrections, the Department of Health, and the Department of 33
454454 Human Services; 34
455455 (6) Educators; and 35
456456 (7) Representatives of communities of socially disadvantaged 36 HB1083
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459459 individuals as defined in the Small Business Act, 15 U.S.C. § 631 et seq., as 1
460460 it existed on January 1, 2025. 2
461461 (c) The council shall: 3
462462 (1) Identify emerging or current risks of harms to minors 4
463463 associated with online platforms; 5
464464 (2) Recommend measures and methods for assessing, preventing, 6
465465 and mitigating harms to minors online; 7
466466 (3) Recommend methods and themes for conducting research 8
467467 regarding online harms to minors, including in English and languages other 9
468468 than English; and 10
469469 (4) Recommend best practices and clear, consensus -based 11
470470 technical standards for transparency reports and audits, as required under 12
471471 this subchapter, including methods, criteria, and scope to promote overall 13
472472 accountability. 14
473473 15
474474 4-88-1508. Filter bubble transparency requirements. 16
475475 (a) As used in this section: 17
476476 (1) "Algorithmic ranking system” means a computational process, 18
477477 including without limitation a computational process derived from algorithmic 19
478478 decision-making, machine learning, statistical analysis, or other data 20
479479 processing or artificial intelligence techniques, used to determine the 21
480480 selection, order, relative prioritization, or relative prominence of content 22
481481 from a set of information that is provided to a user on a covered platform, 23
482482 including without limitation the: 24
483483 (A) Ranking of search results; 25
484484 (B) Provision of content recommendations; 26
485485 (C) Display of social media posts; or 27
486486 (D) Any other method of automated content selection; 28
487487 (2) "Downstream provider” means, with respect to a search 29
488488 syndication contract, the person that receives access to an index of web 30
489489 pages on the internet from an upstream provider under such contract; 31
490490 (3)(A) "Input-transparent algorithm” means an algorithmic 32
491491 ranking system that does not use the user -specific data of a user to 33
492492 determine the selection, order, relative prioritization, or relative 34
493493 prominence of information that is furnished to such user on a covered 35
494494 platform, unless the user -specific data is expressly provided to the covered 36 HB1083
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497497 platform by the user for that purpose. 1
498498 (B) For purposes of subsection (3)(A) of this section, 2
499499 user-specific data that is provided by a user for the express purpose of 3
500500 determining the selection, order, relative prioritization, or relative 4
501501 prominence of information that is furnished to such user on a covered 5
502502 platform: 6
503503 (i) Shall include user -supplied search terms, 7
504504 filters, speech patterns, if provided for the purpose of enabling the 8
505505 platform to accept spoken input or selecting the language in which the user 9
506506 interacts with the platform, saved preferences, and the current precise 10
507507 geolocation information that is supplied by the user; 11
508508 (ii) Shall include the user's current approximate 12
509509 geolocation information; 13
510510 (iii) Shall include data affirmatively supplied to 14
511511 the covered platform by the user that expresses the user's desire to receive 15
512512 particular information, such as the social media profiles the user follows, 16
513513 the video channels the user subscribes to, or other content or sources of 17
514514 content on the platform the user has selected; 18
515515 (iv) Shall not include the history of the user's 19
516516 connected device, including the user's history of web searches and browsing, 20
517517 previous geographical locations, physical activity, device interaction, and 21
518518 financial transactions; and 22
519519 (v) Shall not include inferences about the user or 23
520520 the user's connected device, without regard to whether such inferences are 24
521521 based on data described in subdivision (4)(B)(i) or (4)(B)(iii) of this 25
522522 section; 26
523523 (4)(A) "Opaque algorithm” means an algorithmic ranking system 27
524524 that determines the selection, order, relative prioritization, or relative 28
525525 prominence of information that is furnished to the user on a covered internet 29
526526 platform based, in whole or part, on user -specific data that was not 30
527527 expressly provided by the user to the platform for such purpose. 31
528528 (B) "Opaque algorithm" does not include an algorithmic 32
529529 ranking system used by a covered platform if: 33
530530 (i) The only user-specific data, including without 34
531531 limitation inferences about the user, that algorithmic ranking system uses is 35
532532 information relating to the age of the user; and 36 HB1083
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535535 (ii) The information is only used to restrict a 1
536536 user's access to content on the basis that the individual is a minor; 2
537537 (5) "Search syndication contract” means a contract or 3
538538 subcontract for the sale of, license of, or other right to access an index of 4
539539 web pages or search results on the internet for the purpose of operating an 5
540540 internet search engine; 6
541541 (6) "Upstream provider” means, with respect to a search 7
542542 syndication contract, the person that grants access to an index of web pages 8
543543 or search results on the internet to a downstream provider under the 9
544544 contract; and 10
545545 (7) "User-specific data” means information relating to an 11
546546 individual or a specific connected device that would not necessarily be true 12
547547 of every individual or device. 13
548548 (b)(1) Beginning on the date that is one (1) year after the date of 14
549549 enactment of this subchapter, it shall be unlawful: 15
550550 (A) For any person to operate a covered platform that uses 16
551551 an opaque algorithm unless the person complies with the requirements of 17
552552 subdivision (b)(2) of this section; or 18
553553 (B) For any upstream provider to grant access to an index 19
554554 of web pages on the internet under a search syndication contract that does 20
555555 not comply with the requirements of subdivision (b)(3) of this section. 21
556556 (2)(A) A covered platform operating an opaque algorithm shall: 22
557557 (i) Provide notice to users of the platform: 23
558558 (a) That the covered platform uses an opaque 24
559559 algorithm that uses user -specific data to select the content the user sees, 25
560560 with such notice presented in a clear, conspicuous manner on the covered 26
561561 platform whenever the user interacts with an opaque algorithm for the first 27
562562 time that can be dismissed by the user; and 28
563563 (b) In the terms and conditions of the covered 29
564564 platform, in a clear, accessible, and easily comprehensible manner to be 30
565565 updated no less frequently than once every six (6) months: 31
566566 (1) The most important features, inputs, 32
567567 and parameters used by the algorithm; 33
568568 (2) How any user-specific data used by 34
569569 the algorithm is collected or inferred about a user of the covered platform, 35
570570 and the categories of such data; 36 HB1083
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573573 (3) Any options that the covered 1
574574 internet platform makes available for a user of the platform to opt out or 2
575575 exercise options under subsection (b)(2)(A)(ii) of this section, modify the 3
576576 profile of the user, or influence the features, inputs, or parameters used by 4
577577 the algorithm; and 5
578578 (4) Any quantities, such as time spent 6
579579 using a product or specific measures of engagement or social interaction, 7
580580 that the algorithm is designed to optimize, as well as a general description 8
581581 of the relative importance of each quantity for such ranking; and 9
582582 (ii) Make available a version of the platform that 10
583583 uses an input-transparent algorithm and enables users to easily switch 11
584584 between the version of the platform that uses an opaque algorithm and the 12
585585 version of the platform that uses the input -transparent algorithm. 13
586586 (B) Subdivision (b)(2)(A) of this section shall not apply 14
587587 with respect to an internet search engine if: 15
588588 (i) The search engine is operated by a downstream 16
589589 provider with fewer than one thousand (1,000) employees; and 17
590590 (ii) The search engine uses an index of web pages on 18
591591 the internet to which such provider received access under a search 19
592592 syndication contract. 20
593593 (3) An upstream provider engaged in a search syndication 21
594594 contract shall: 22
595595 (A) Make the upstream provider makes available to the 23
596596 downstream provider the same input -transparent algorithm used by the upstream 24
597597 provider for purposes of complying with subdivision (b)(2)(A)(ii) of this 25
598598 section; and 26
599599 (B) Not impose any additional costs, degraded quality, 27
600600 reduced speed, or other constraint on the functioning of the algorithm when 28
601601 used by the downstream provider to operate an internet search engine relative 29
602602 to the performance of the algorithm when used by the upstream provider to 30
603603 operate an internet search engine. 31
604604 (4) A covered platform shall not deny, charge different prices 32
605605 or rates for, or condition the provision of a service or product to an 33
606606 individual based on the individual’s election to use a version of the 34
607607 platform that uses an input -transparent algorithm as provided under 35
608608 subdivision (b)(2)(A)(ii) of this section. 36 HB1083
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611611 (c) A violation of this section by an operator of a covered platform 1
612612 shall be treated as an unfair or deceptive act or practice under the 2
613613 Deceptive Trade Practices Act, § 4 -88-101 et seq. 3
614614 (d) Nothing in this section shall be construed to limit or prohibit a 4
615615 covered platform’s ability to, at the direction of an individual user or 5
616616 group of users, restrict another user from searching for, finding, accessing, 6
617617 or interacting with such user’s or group’s account, content, data, or online 7
618618 community. 8
619619 9
620620 4-88-1509. Construction. 10
621621 (a) For purposes of enforcing this subchapter, in making a 11
622622 determination as to whether a covered platform has knowledge fairly implied 12
623623 on the basis of objective circumstances that a user is a minor, the Attorney 13
624624 General shall rely on competent and reliable empirical evidence, taking into 14
625625 account the totality of the circumstances, including without limitation 15
626626 consideration of whether the operator, using available technology, exercised 16
627627 reasonable care. 17
628628 (b) Nothing in this subchapter shall be construed to require: 18
629629 (1) The affirmative collection of any personal data with respect 19
630630 to the age of users that a covered platform is not already collecting in the 20
631631 normal course of business; or 21
632632 (2) A covered platform to implement an age gating or age 22
633633 verification functionality. 23
634634 (c) Nothing in this subchapter shall be construed to restrict a 24
635635 covered platform's ability to: 25
636636 (1) Cooperate with law enforcement agencies regarding activity 26
637637 that the covered platform reasonably and in good faith believes may violate 27
638638 federal law, state law, or local regulations; 28
639639 (2) Comply with a civil, criminal, or regulatory inquiry or any 29
640640 investigation, subpoena, or summons by federal, state, local, or other 30
641641 government authorities; or 31
642642 (3) Investigate, establish, exercise, respond to, or defend 32
643643 against legal claims. 33
644644 (d) A video streaming service is in compliance with this subchapter 34
645645 if: 35
646646 (1) It predominantly consists of news, sports, entertainment, or 36 HB1083
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649649 other video programming content that is preselected by the provider and not 1
650650 user-generated; 2
651651 (2) Any chat, comment, or interactive functionality that the 3
652652 video streaming service provides is incidental to, directly related to, or 4
653653 dependent on provision of that content; and 5
654654 (3) If the video streaming service requires account owner 6
655655 registration and is not predominantly news or sports, the service includes 7
656656 the capability: 8
657657 (A) To limit a minor’s access to the service, including 9
658658 without limitation utilizing a system of age -rating; 10
659659 (B) To limit the automatic playing of on -demand content 11
660660 selected by a personalized recommendation system for an individual that the 12
661661 service knows is a minor; 13
662662 (C) To provide an individual that the service knows is a 14
663663 minor with readily accessible and easy -to-use options to delete an account 15
664664 held by the minor and delete any personal data collected from the minor on 16
665665 the service, or, in the case of a service that allows a parent to create a 17
666666 profile for a minor, to allow a parent to delete the minor’s profile, and to 18
667667 delete any personal data collected from the minor on the service; 19
668668 (D) For a parent to manage a minor’s privacy and account 20
669669 settings, and restrict purchases and financial transactions by a minor; 21
670670 (E) To provide an electronic point of contact specific to 22
671671 matters described in subdivision (e)(3) of this section; 23
672672 (F) To offer a clear, conspicuous, and easy -to-understand 24
673673 notice of the covered platform's policies and practices with respect to 25
674674 personal data and the capabilities described in this subdivision (e)(3) of 26
675675 this section; and 27
676676 (G) When providing on -demand content, to employ measures 28
677677 that safeguard against serving advertising for narcotic drugs, tobacco 29
678678 products, gambling, or alcohol directly to the account or profile of an 30
679679 individual that the service knows is a minor. 31
680680 32
681681 33
682682 34
683683 35
684684 36