Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S335 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 654 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 335
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act promoting safe technology use and distraction-free education for youth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsAndrea Joy CampbellAttorney GeneralNick CollinsFirst Suffolk1/28/2025Barry R. FinegoldSecond Essex and Middlesex2/13/2025 1 of 10
16	16	SENATE DOCKET, NO. 654 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 335
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 335) of Julian Cyr, Andrea Joy
19	19	Campbell, Attorney General , Nick Collins and Barry R. Finegold for legislation to promote safe
20	20	technology use and distraction-free education for youth. Education.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act promoting safe technology use and distraction-free education for youth.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 71 of the General Laws, as amended by section 2 of chapter 118 of
30	30	2the acts of 2024, is hereby further amended by adding the following 2 sections:-
31	31	3 Section 101. Each public school shall have a policy regarding the use of personal
32	32	4electronic devices on school grounds and during school-sponsored activities to reduce
33	33	5distractions, maintain environments focused on learning and protect the privacy and safety of
34	34	6students and staff. Each public school shall notify the parents or guardians of all students
35	35	7attending the school of the policy. The policy shall include, but not be limited to, a prohibition on
36	36	8physical access to a personal electronic device by students during the school day as defined by
37	37	9the board of elementary and secondary education pursuant to section 1G of chapter 69 unless: (i)
38	38	10authorized by a school administrator to address the needs of an individual student; (ii) when used
39	39	11in accordance with an individualized education program or an education plan implemented
40	40	12pursuant to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.; or (iii) during 2 of 10
41	41	13an emergency. For the purposes of this section, a “personal electronic device” shall mean a smart
42	42	14phone, mobile phone, tablet, computer, smartwatch or other electronic device not owned or
43	43	15provided to a student by a public school that is capable of communication through the internet or
44	44	16a wireless network.
45	45	17 The policy and any standards and rules enforcing the policy shall be prescribed by the
46	46	18school committee in conjunction with the superintendent or the board of trustees of a
47	47	19commonwealth charter school.
48	48	20 The department of elementary and secondary education shall, in consultation with the
49	49	21attorney general’s office and the department of public health, provide guidance and
50	50	22recommendations to assist schools with developing and implementing effective policies
51	51	23regarding the use of personal electronic devices on school grounds and during school-sponsored
52	52	24activities consistent with this section and shall make such guidance and recommendations
53	53	25publicly available on the department's website. Guidance and recommendations may be reviewed
54	54	26and regularly updated to reflect applicable research and best practices.
55	55	27 Each school district and charter school shall file its school personal electronic device use
56	56	28policy with the department of elementary and secondary education in a manner and form
57	57	29prescribed by the department.
58	58	30 Section 102. Each public school shall have a policy regarding the education of its
59	59	31students about the social, emotional and physical risks and harms of social media use. The school
60	60	32shall notify the parents or guardians of all students attending the school of the policy and shall
61	61	33post the policy on the school's website. The policy, and any standards and rules enforcing the 3 of 10
62	62	34policy, shall be prescribed by the school committee in conjunction with the superintendent or the
63	63	35board of trustees of a charter school.
64	64	36 The department of elementary and secondary education, in consultation with the attorney
65	65	37general’s office and the department of public health, shall provide guidance and
66	66	38recommendations to assist schools with developing and implementing effective social media use
67	67	39education policies and shall make such guidance and recommendations publicly available on the
68	68	40department's website. Guidance and recommendations may include, but shall not be limited to,
69	69	41curriculum resources, guidance on developing community norms regarding cell phone and social
70	70	42media use, guidance for educating parents or guardians on managing their child’s social media
71	71	43use and recognizing warning signs of the harmful effects of social media use and other available
72	72	44resources. Guidance and recommendations may be reviewed and regularly updated to reflect
73	73	45applicable research and best practices.
74	74	46 Each school district and charter school shall file its social media use education policy
75	75	47with the department of elementary and secondary education in a manner and form prescribed by
76	76	48the department.
77	77	49 SECTION 2. The General Laws are hereby amended by inserting after chapter 93L the
78	78	50following chapter:-
79	79	51 CHAPTER 93M
80	80	52 ONLINE PROTECTION
81	81	53 Section 1. As used in this chapter, the following words shall, unless the context clearly
82	82	54requires otherwise, have the following meanings: 4 of 10
83	83	55 “Account”, a unique profile for a user of a social media company.
84	84	56 “Algorithmic ranking system”, means a computational process, including a process
85	85	57derived from algorithmic decision making, machine learning, statistical analysis or other data
86	86	58processing or artificial intelligence techniques, used to determine the selection, order, relative
87	87	59prioritization or relative prominence of content from a set of information that is provided to a
88	88	60user on a social media platform, including search results ranking, content recommendations,
89	89	61content display or any other automated content recommendation method.
90	90	62 “Content”, text, image or video created, shared or viewed through a social media
91	91	63platform.
92	92	64 “Connected account”, an account directly connected to another account by affirmative
93	93	65request or affirmative confirmation by the users of both accounts.
94	94	66 “Social media feed”, the presentation of content to users of a social media platform that
95	95	67has been recommended, selected or prioritized for presentation based on an algorithmic ranking
96	96	68system or other information associated with the user’s account.
97	97	69 “Social media platform”, a public website, online service, online application or mobile
98	98	70application that displays content primarily generated by users and allows users to create, share
99	99	71and view user-generated content with other users. “Social media platform” shall not include
100	100	72email, cloud storage, SMS, MMS, RCS, or similar text messaging telecommunications services
101	101	73or document viewing, sharing or collaboration services.
102	102	74 “Minor”, an individual who is under 18 years of age.
103	103	75 “User”, an individual who accesses or uses a social media platform through an account. 5 of 10
104	104	76 “Parent”, a parent or legal guardian.
105	105	77 Section 2. (a) A social media platform shall implement an age assurance or verification
106	106	78system to determine whether a user on the social media platform meets age requirements to use
107	107	79the platform under applicable law. The age assurance system shall consist of the best technology
108	108	80available in the age assurance and verification industry with measures reasonably calculated to
109	109	81accurately identify a current or prospective user’s age and determine the proper level of access to
110	110	82the social media platform’s features pursuant to this chapter with 99 per cent accuracy.
111	111	83 (b) A social media platform shall implement a review process to allow users to appeal the
112	112	84social media platform’s age designation by submitting documentary evidence over the internet to
113	113	85establish that the user is not a minor and shall review the documentary evidence submitted and
114	114	86make a determination on the appeal within 3 days.
115	115	87 (c) Any data or information gathered by the social media platform for use in the age
116	116	88assurance system, or during any appeal of the age assurance system’s determination, shall be
117	117	89segregated by the social media platform and remain confidential. The data and information
118	118	90gathered for use in the age assurance system, or during any appeal of the system’s determination,
119	119	91shall not be used for any other purpose by the social media platform.
120	120	92 Section 3. (a) Upon determination that an account belongs to a minor user, a social media
121	121	93platform shall set the default settings of the minor user to ensure a heightened level of privacy
122	122	94and limit the use of features that prolong minor engagement with the social media platform. The
123	123	95default settings shall include, but not be limited to:
124	124	96 (i)restricting the visibility of the minor user’s account to only connected accounts; 6 of 10
125	125	97 (ii)limiting the minor user to only sharing content with connected accounts;
126	126	98 (iii)limiting the minor user to only direct messaging with connected accounts;
127	127	99 (iv)enabling a social media feed that only presents content chronologically;
128	128	100 (v)disabling autoplay functions that continuously present content to a user;
129	129	101 (vi)disabling continuous scrolling or pagination functions that present continuous
130	130	102content as the user continues to scroll a social media feed;
131	131	103 (vii)disabling notifications to the minor user concerning a social media feed between
132	132	104the hours of 10:00 p.m. and 6:00 a.m. and between the hours of 9:00 a.m. and 3:00 p.m.;
133	133	105 (viii)restricting a minor user from accessing the social media platform between the
134	134	106hours of 10:00 p.m. and 6:00 a.m. and between the hours of 9:00 a.m. and 3:00 p.m.;
135	135	107 (ix)restricting a minor user from accessing the social media platform for more than 1
136	136	108½ cumulative hours of use in any 24 hour period;
137	137	109 (x)restricting a minor user from accessing the social media platform for 10 minutes
138	138	110after 20 minutes of continuous use.
139	139	111 (b) The default settings of a minor user of a social media platform who is 15 years old or
140	140	112younger provided in clauses (ix) and (x) of subsection (a) may be changed with parental consent
141	141	113pursuant to section 5; provided, however, the parent may not increase access pursuant to clause
142	142	114(ix) to more than 2 hours in any 24 hour period and the parent may not increase continuous use
143	143	115pursuant to clause (x) to more than 30 minutes before 10 minutes of inaccessibility. 7 of 10
144	144	116 (c) The default settings of a minor user of a social media platform provided in clauses (ix)
145	145	117and (x) of subsection (a) may be changed by a minor user who is 16 or 17 years old; provided,
146	146	118however, the minor user may not increase access pursuant to clause (ix) to more than 2 hours in
147	147	119any 24 hour period and the minor user may not increase continuous use pursuant to clause (x) to
148	148	120more than 30 minutes before 10 minutes of inaccessibility.
149	149	121 (d) A social media platform shall restrict from public visibility a minor user’s account
150	150	122within 1 hour of receiving a request for a restriction by a parent of a minor user 15 years old or
151	151	123younger or by a minor user and shall delete a minor user’s account within 3 days of receiving a
152	152	124request for a deletion by a parent of a minor user 15 years old or younger or by a minor user.
153	153	125Any restriction or deletion pursuant to this subsection shall include all information and material
154	154	126made publicly available by the minor user on the social media platform. Nothing in this
155	155	127subsection shall require a social media platform to contravene any federal or state law or
156	156	128regulation or require a social media platform to delete information subject to a law enforcement
157	157	129investigation.
158	158	130 (e) A social media platform shall provide a conspicuous tool with each item of content to
159	159	131allow a minor user the ability to flag or otherwise indicate that the minor user found the content
160	160	132to be unwanted or harmful.
161	161	133 (f) A social media platform shall present a warning to minor users on the negative effects
162	162	134of social media use on social, emotional and physical health. The warning shall be presented to a
163	163	135minor user upon account activation and every 30 days thereafter and shall require the minor user
164	164	136to acknowledge the warning before proceeding to use the social media platform. 8 of 10
165	165	137 Section 4. (a) A social media platform shall publicly and conspicuously post the
166	166	138following information on the social media platform's website:
167	167	139 (i) data and information on how the social media platform tracks platform use by minor
168	168	140users including, but not limited to:
169	169	141 (1) any tracking by the social media platform on the number of times for each mode of
170	170	142interaction that a minor user interacts with other accounts in an hour, day, week and month; and
171	171	143 (2) whether and how the social media platform engages in any limitations in the ability of
172	172	144minor users to engage in account interactions;
173	173	145 (ii) data and information on whether and how the social media platform:
174	174	146 (1) assesses the relevance of content on the platform to the preferences of a minor user;
175	175	147and
176	176	148 (2) assesses minor users' expressed preferences regarding content;
177	177	149 (iii) statistics on the platform's use by minor users for each distinct type of account
178	178	150interaction or engagement, including but not limited to:
179	179	151 (1) sending invitations or messages to other platform users;
180	180	152 (2) commenting on content;
181	181	153 (3) resharing content;
182	182	154 (4) liking content;
183	183	155 (5) voting for content; 9 of 10
184	184	156 (6) reacting to content;
185	185	157 (7) posting new minor user-generated content;
186	186	158 (8) disseminating minor user-generated content to other platform users; and
187	187	159 (9) time spent on the platform by minor users;
188	188	160 (iv) data and information on when and how often notifications are sent to a minor user
189	189	161and how the social media platform determines when to send a notification to a minor user; and
190	190	162 (v) a description of all product experiments that have been conducted on 1,000 or more
191	191	163minor users of the social media platform, including a description of the experimental conditions
192	192	164and the results of the product experiment for all experimental conditions on users' viewing or
193	193	165engaging with content that:
194	194	166 (i) minor users indicate to be of high or low quality;
195	195	167 (ii) minor users indicate complies or does not comply with the users' expressed
196	196	168preferences;
197	197	169 (iii) minor users indicate is harmful or unwanted; or
198	198	170 (iv) minor users indicate violates platform policies.
199	199	171 (b) Every 7 days the social media platform shall survey minor users to determine
200	200	172whether, and to what extent, the minor user had experienced unwanted or harmful activity on the
201	201	173social media platform. The social media platform shall collect the surveys required pursuant to
202	202	174this subsection and any data concerning the flagging of unwanted or harmful content pursuant to
203	203	175subsection (e) of section 3 and make the surveys and data publicly available. 10 of 10
204	204	176 Section 5. Nothing in this chapter shall be construed as requiring a social media platform
205	205	177to provide a parent any additional or special access to or control over the data or accounts of their
206	206	178minor user child; provided, however, the social media platform may provide a parent access to
207	207	179the account of a minor user child for the purposes of obtaining consent pursuant to section 3.
208	208	180 Section 6. A violation by a social media platform of the provisions of this chapter shall be
209	209	181deemed an unfair or deceptive act or practice in trade or commerce under the provisions of
210	210	182chapter 93A. A violation of section 2 or section 3 shall be punished by a civil fine of not more
211	211	183than $5,000 per violation. Each user affected by a violation of section 2 or section 3 shall be
212	212	184considered a separate violation under this section. A violation of section 4 shall be punished by a
213	213	185civil fine of not more than $1 million. Each day that a violation of section 4 occurs shall be
214	214	186considered a separate violation under this section.