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Massachusetts House Bill H98

Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H98 Compare Versions

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22 HOUSE DOCKET, NO. 2835 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 98
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 David M. Rogers
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to internet privacy rights for children.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/16/2025Patrick Joseph Kearney4th Plymouth1/22/2025 1 of 8
1616 HOUSE DOCKET, NO. 2835 FILED ON: 1/16/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 98
1818 By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 98) of
1919 David M. Rogers and Patrick Joseph Kearney relative to internet privacy rights for children.
2020 Advanced Information Technology, the Internet and Cybersecurity.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 80 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act relative to internet privacy rights for children.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 93 of the General Laws is hereby amended by adding the following
3232 2section:-
3333 3 Section 115. (a) For the purposes of this section the following words shall, unless the
3434 4context clearly requires otherwise, have the following meanings:
3535 5 “Internet web site, online service, online application or mobile application directed to
3636 6minors”, an internet web site, online service, online application or mobile application or a
3737 7portion thereof, that is created for the purpose of reaching an audience that is predominately
3838 8comprised of minors and is not intended for a more general audience comprised of adults;
3939 9provided, however, that an internet web site, online service, online application or mobile 2 of 8
4040 10application or a portion thereof, shall not be deemed to be directed at minors solely because it
4141 11refers or links to an internet web site, online service, online application or mobile application
4242 12directed to minors by using information location tools including, a directory, index, reference,
4343 13pointer or hypertext link.
4444 14 “Less lethal weapon”, any device that is designed to or that has been converted to expel
4545 15or propel less lethal ammunition by any action, mechanism or process for the purpose of
4646 16incapacitating, immobilizing or stunning a human being through the infliction of any less than
4747 17lethal impairment of physical condition, function or senses including, physical pain or
4848 18discomfort.
4949 19 “Marketing or advertising”, in exchange for monetary compensation, to make a
5050 20communication to 1 or more individuals or to arrange for the dissemination to the public of a
5151 21communication about a product or service the primary purpose of which is to encourage
5252 22recipients of the communication to purchase or use the product or service.
5353 23 “Minor”, a natural person under 18 years of age who resides in the commonwealth.
5454 24 “Obscene matter”, a matter, taken as a whole, that to the average person, applying
5555 25contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts
5656 26or describes sexual conduct in a patently offensive way and that, taken as a whole, lacks serious
5757 27literary, artistic, political or scientific value.
5858 28 “Operator”, any person or entity that owns an internet web site, online service, online
5959 29application or mobile application. It does not include any third party that operates, hosts or
6060 30manages but, does not own an internet web site, online service, online application or mobile
6161 31application on the owner’s behalf or processes information on the owner’s behalf. 3 of 8
6262 32 “Posted”, content or information that can be accessed by a user in addition to the minor
6363 33who posted the content or information, whether the user is a registered user or not, of the internet
6464 34web site, online service, online application or mobile application where the content or
6565 35information is posted.
6666 36 (b) An operator of an internet web site, online service, online application or mobile
6767 37application directed to minors shall not market or advertise a product or a service described in
6868 38subsection (g) on its internet web site, online service, online application or mobile application
6969 39directed to minors.
7070 40 (c) (1) An operator of an internet web site, online service, online application or mobile
7171 41application shall not market or advertise a product or service described in subsection (g) to a
7272 42minor who the operator has actual knowledge is using its internet web site, online service, online
7373 43application or mobile application and is a minor, if the marketing or advertising is specifically
7474 44directed to that minor based upon information specific to that minor including, but not limited to,
7575 45the minor's profile, activity, address or location sufficient to establish contact with a minor and
7676 46excluding internet protocol address and product identification numbers for the operation of a
7777 47service.
7878 48 (2) An operator of an internet web site, online service, online application or mobile
7979 49application shall be deemed to be in compliance with paragraph (1) if the operator takes
8080 50reasonable actions in good faith designed to avoid marketing or advertising under circumstances
8181 51prohibited under paragraph (1).
8282 52 (d) An operator of an internet web site, online service, online application or mobile
8383 53application directed to minors or who has actual knowledge that a minor is using its internet web 4 of 8
8484 54site, online service, online application or mobile application shall not knowingly use, disclose,
8585 55compile, or allow a third party to use, disclose or compile, the personal information of a minor
8686 56with actual knowledge that the use, disclosure or compilation is for the purpose of marketing or
8787 57advertising products or services to that minor for a product described in subsection (g).
8888 58 (e) This section shall not be construed to require an operator of an internet web site,
8989 59online service, online application or mobile application to collect or retain age information about
9090 60users.
9191 61 (f)(1) With respect to marketing or advertising provided by an advertising service, the
9292 62operator of an internet web site, online service, online application or mobile application directed
9393 63to minors shall be deemed to be in compliance with subsection (b) if the operator notifies the
9494 64advertising service, in the manner required by the advertising service, that the site, service or
9595 65application is directed to minors.
9696 66 (2) If an advertising service is notified, in the manner required by the advertising service,
9797 67that an internet web site, online service, online application or mobile application is directed to
9898 68minors pursuant to paragraph (1), the advertising service shall not market or advertise a product
9999 69or service on the operator's internet web site, online service, online application or mobile
100100 70application that is described in subsection (g).
101101 71 (g) The marketing and advertising restrictions described in subsections (b) and (c) shall
102102 72apply to the following products and services: (i) alcoholic beverages; (ii) firearms or handguns;
103103 73(iii) ammunition or reloaded ammunition; (iv) firearms safety certificates; (v) aerosol container
104104 74of paint that is capable of defacing property; (vi) etching cream that is capable of defacing
105105 75property; (vii) any tobacco, cigarette or cigarette papers, blunt wraps or any other preparation of 5 of 8
106106 76tobacco or any other instrument or paraphernalia that is designed for the smoking or ingestion of
107107 77tobacco, products prepared from tobacco or any controlled substance; (viii) any cannabis,
108108 78cannabis product, cannabis business or any instrument or paraphernalia that is designed for the
109109 79smoking or ingestion of cannabis or cannabis products; (ix) BB, pellet expelling device or a less
110110 80lethal weapon; (x) fireworks; (xi) tanning in an ultraviolet tanning device; (xii) dietary
111111 81supplement products containing ephedrine group alkaloids; (xiii) tickets or shares in a lottery
112112 82game; (ivx) Salvia divinorum or Salvinorin A or any substance or material containing Salvia
113113 83divinorum or Salvinorin A; (xv) body branding; (xvi) permanent tattoo; (xvii) drug
114114 84paraphernalia; (xviii) electronic cigarette; or (xix) obscene matter.
115115 85 (h) The marketing and advertising restrictions described in subsections (b), (c) and (d)
116116 86shall not apply to the incidental placement of products or services embedded in content if the
117117 87content is not distributed by or at the direction of the operator primarily for the purposes of
118118 88marketing and advertising of the products or services described in subsection (g).
119119 89 (i) An operator of an internet web site, online service, online application or mobile
120120 90application directed to minors or an operator of an internet web site, online service, online
121121 91application or mobile application that has actual knowledge that a minor is using its internet web
122122 92site, online service, online application or mobile application shall do all of the following:
123123 93 (1) permit a minor who is a registered user of the operator's internet web site, online
124124 94service, online application or mobile application to remove or if the operator prefers, to request
125125 95and obtain removal of, content or information posted on the operator’s internet web site, online
126126 96service, online application or mobile application by the user; 6 of 8
127127 97 (2) provide notice to a minor who is a registered user of the operator’s internet web site,
128128 98online service, online application or mobile application that the minor may remove or, if the
129129 99operator prefers, request and obtain removal of, content or information posted on the operator's
130130 100internet web site, online service, online application or mobile application by the registered user;
131131 101 (3) provide clear instructions to a minor who is a registered user of the operator's internet
132132 102web site, online service, online application or mobile application on how the user may remove or
133133 103if the operator prefers, request and obtain the removal of content or information posted on the
134134 104operator's internet web site, online service, online application or mobile application; and
135135 105 (4) provide notice to a minor who is a registered user of the operator's internet web site,
136136 106online service, online application or mobile application that the removal described under
137137 107paragraph (1) does not ensure complete or comprehensive removal of the content or information
138138 108posted on the operator's internet web site, online service, online application or mobile application
139139 109by the registered user.
140140 110 (j) An operator of an internet web site, online service, online application or mobile
141141 111application directed to minors who violated any provision of this section shall be held liable for a
142142 112civil penalty of not more than $2,500 per violation. The attorney general may file a civil action in
143143 113the superior or district court in the name of the commonwealth to recover such penalties.
144144 114 (k) An operator or a third party is not required to erase or otherwise eliminate or to enable
145145 115erasure or elimination of, content or information in any of the following circumstances:
146146 116 (i) federal law or a general or special law requires the operator or third party to maintain
147147 117the content or information; 7 of 8
148148 118 (ii) the content or information was stored on or posted to the operator’s internet web site,
149149 119online service, online application or mobile application by a third party other than the minor,
150150 120who is a registered user including, any content or information posted by the registered user that
151151 121was stored, republished or reposted by the third party;
152152 122 (iii) the operator anonymizes the content or information posted by the minor who is a
153153 123registered user, so that the minor who is a registered user cannot be individually identified;
154154 124 (iv) the minor does not follow the instructions provided to the minor pursuant to
155155 125paragraph (3) of subsection (i) on how the registered user may request and obtain the removal of
156156 126content or information posted on the operator's internet web site, online service, online
157157 127application or mobile application by the registered user; and
158158 128 (v) the minor has received compensation or other consideration for providing the content.
159159 129 (l) This section shall not be construed to limit the authority of a law enforcement agency
160160 130to obtain any content or information from an operator as authorized by law or pursuant to an
161161 131order of a court.
162162 132 (m) An operator shall be deemed compliant with this section if:
163163 133 (i) it renders the content or information posted by the minor user no longer visible to
164164 134other users of the service and the public even if the content or information remains on the
165165 135operator's servers in some form; and
166166 136 (ii) despite making the original posting by the minor user invisible, it remains visible
167167 137because a third party has copied the posting or reposted the content or information posted by the
168168 138minor. 8 of 8
169169 139 (n) This section shall not be construed to require an operator of an internet web site,
170170 140online service, online application or mobile application to collect age information about users.
171171 141 SECTION 2. This act shall take effect on January 1, 2026.