| 69 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 18, Arizona Revised Statutes, is amended by adding chapter 7, to read: CHAPTER 7 ONLINE PROVIDER REQUIREMENTS FOR MINORS ARTICLE 1. GENERAL PROVISIONS START_STATUTE18-701. Online service, product or feature providers; minors; social media platforms; attorney general enforcement; definitions A. Each social media platform in this state that provides an online service, product or feature to a minor must do all of the following: 1. Establish settings for the online service, product or feature that provide a high degree of privacy protections to each minor who uses the online service, product or feature. 2. Allow each minor who uses an online service, product or feature to opt out of the collection and use of the minor's personal information beyond what is REASONABLY necessary AND PROPORTIONATE TO PROVIDE THE ONLINE SERVICE, PRODUCT OR FEATURE, as disclosed to the minor. 3. Not target advertising to the minor based on the minor's personal information, except the minor's age and location. B. The attorney general has the exclusive authority to enforce a violation of this section. this section DOES NOT create a private violation of this section. Nothing in this section creates a private right of action to enforce a violation of this section. C. For the purposes of this section: 1. "De-identified data" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to the individual, if the controller that possesses the data has done all of the following: (a) taken reasonable measures to ensure that the data cannot be associated with an individual. (b) publicly committed to process the data only in a de-identified fashion and does not attempt to re-identify the data. (c) contractually obligated any recipients of the data to satisfy the criteria set forth in subdivisions (a) and (b) of this paragraph. 2. "Minor" means an individual who is under eighteen years and who resides in this state. 3. Online service, product or feature does not include: (a) A telecommunications service as defined in 47 United States Code section 153. (b) A broadband interactive access service as defined in 47 Code of Federal Regulations section 54.400. 4. "personal information": (a) means Any information that is linked or reasonably linkable to an identified or identifiable individual. (b) Does not include de-identified data or publicly available information. 5. "social media platform": (a) means a public or semipublic Internet-based service or application that meets all of the following: (i) is used by a consumer in this state. (ii) primary function of the PUBLIC OR SEMIPUBLIC INTERNET-BASED service or application is to connect users in order to allow users to interact socially with each other within the service or application. (iii) The PUBLIC OR SEMIPUBLIC INTERNET-BASED service or application allows users to Construct a public or semipublic profile for purposes of signing into and using the PUBLIC OR SEMIPUBLIC INTERNET-BASED service or application, to Populate a list of other users with whom an individual shares a social connection within the system and to Create or post content viewable by other users, including on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users. (b) Does not include A CLOUD SERVICE PROVIDER OR a public or semipublic Internet-based service or application that meets any of the following: (i) Exclusively provides email. (ii) primarily consists of news, sports, entertainment, interactive video games, electronic commerce or content that is preselected by the provider or for which any chat, comments or interactive functionality is incidental to, directly related to or dependent on the provision of such content. (iii) is used by and under the direction of an educational entity, including a learning management system or a student engagement program. (iv) Facilitates academic or scholarly research. END_STATUTE Sec. 2. Effective date This act is effective one hundred eighty days after the general effective date. Sec. 3. Short title This act shall be known and cited as the "Protecting Children on Social Media Act". |
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| 78 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 18, Arizona Revised Statutes, is amended by adding chapter 7, to read: CHAPTER 7 ONLINE PROVIDER REQUIREMENTS FOR MINORS ARTICLE 1. GENERAL PROVISIONS START_STATUTE18-701. Online service, product or feature providers; minors; social media platforms; definitions A. Each social media platform in this state that provides an online service, product or feature that is likely to be accessed by a minor must do all of the following: 1. Establish default settings for the online service, product or feature that provide a high degree of privacy protections to each user of the online service, product or feature. 2. Allow each minor who uses an online service, product or feature to opt out of the collection and use of the minor's personal information beyond what is necessary, as disclosed to the minor. 3. Prohibit the personal information of a minor who uses an online service, product or feature from being used by any person or entity to target advertising to the minor based on the minor's personal information, except the minor's age and location. B. For the purposes of this section: 1. "De-identified data" means data that cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual or a device linked to the individual, if the controller that possesses the data has done all of the following: (a) taken reasonable measures to ensure that the data cannot be associated with an individual. (b) publicly committed to process the data only in a de-identified fashion and does not attempt to re-identify the data. (c) contractually obligated any recipients of the data to satisfy the criteria set forth in subdivisions (a) and (b) of this paragraph. 2. Online service, product or feature does not include: (a) A telecommunications service as defined in 47 United States Code section 153. (b) A broadband interactive access service as defined in 47 Code of Federal Regulations section 54.400. 3. "personal information": (a) means Any information that is linked or reasonably linkable to an identified or identifiable individual. (b) Does not include de-identified data or publicly available information. 4. "social media platform": (a) means a public or semipublic Internet-based service or application that meets all of the following: (i) is used by a consumer in this state. (ii) substantial function of the PUBLIC OR SEMIPUBLIC INTERNET-BASED service or application is to connect users in order to allow users to interact socially with each other within the service or application. (iii) The PUBLIC OR SEMIPUBLIC INTERNET-BASED service or application allows users to Construct a public or semipublic profile for purposes of signing into and using the PUBLIC OR SEMIPUBLIC INTERNET-BASED service or application, to Populate a list of other users with whom an individual shares a social connection within the system and to Create or post content viewable by other users, including on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users. (b) Does not include a public or semipublic Internet-based service or application that meets any of the following: (i) Exclusively provides email. (ii) primarily consists of news, sports, entertainment, interactive video games, electronic commerce or content that is preselected by the provider or for which any chat, comments or interactive functionality is incidental to, directly related to or dependent on the provision of such content. (iii) is used by and under the direction of an educational entity, including a learning management system or a student engagement program. (iv) Facilitates academic or scholarly research. END_STATUTE Sec. 2. Effective date This act is effective ninety days after the general effective date. Sec. 3. Short title This act shall be known and cited as the "Protecting Children on Social Media Act". |
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