Ohio 2025 2025-2026 Regular Session

Ohio Senate Bill SB167 Introduced / Bill

                    As Introduced
136th General Assembly
Regular Session	S. B. No. 167
2025-2026
Senator Reynolds
To enact section 1349.07 of the Revised Code to 
require certain application store-based parental 
controls.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1349.07 of the Revised Code be 
enacted to read as follows:
Sec. 1349.07.  	(A) As used in this section: 
(1) "Application store" means a publicly available web 
site, software application, or online service that distributes a 
third-party platform's software applications to a computer, 
mobile device, or any other general purpose computing device.
(2)(a) "Broadband internet access service" means a mass-
market retail service by wire or radio that provides the 
capability to transmit data to and receive data from all or 
substantially all internet endpoints, including any capabilities 
that are incidental to and enable the operation of the 
communications service, but excluding dial-up internet access 
service.
(b) "Broadband internet access service" includes any 
service that the federal communications commission finds to be 
providing a functional equivalent of the service described in 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 S. B. No. 167 Page 2
As Introduced
division (A)(2)(a) of this section or that is used to evade the 
protections set forth in this section.
(3) "Child" means an individual consumer known to be under 
eighteen years of age.
(4)(a) "Covered application" means a software application, 
web site, or other online service that is likely to be accessed 
by children and that is intended to be run or directed by a user 
on a computer, mobile device, or other general purpose computing 
device.
(b) "Covered application" does not include any of the 
following:
(i) A broadband internet access service;
(ii) A telecommunications service, as defined in 47 U.S.C. 
153;
(iii) The delivery or use of a physical product 
unconnected to the internet.
(5) "Covered entity" means a covered manufacturer or 
developer of a covered application.
(6) "Covered manufacturer" means a manufacturer of a 
device, an operating system for a device, or an application 
store.
(7) "Developer" means any person, entity, or organization 
that creates, owns, or controls an application and is 
responsible for the design, development, maintenance, and 
distribution of the application to users through an application 
store.
(8)(a) "Device" means a device or portion of a device that 
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47 S. B. No. 167 Page 3
As Introduced
is designed for and capable of communicating across a computer 
network with other computers or devices for the purpose of 
transmitting, receiving, or storing data, including a desktop 
computer, laptop, cellular telephone, tablet, or other device 
designed for and capable of communicating with or across a 
computer network and that is used for such purpose.
(b) "Device" does not include any of the following:
(i) Cable, fiber, or wireless modems;
(ii) Home routers, whether standalone or combined with 
cable, fiber, or a wireless modem;
(iii) Managed set-top boxes;
(iv) Any physical object that only supports communications 
within a closed user group or private network available to a 
limited set of users.
(9) "Likely to be accessed by children" means, in the 
context of an application, that either or both of the following 
apply:
(a) Competent and reliable evidence regarding audience 
composition demonstrates that the application is routinely 
accessed by children;
(b) Internal research findings determine that the 
application is routinely accessed by children.
(10) "Parent" includes a legal guardian.
(11) "User" means an individual consumer.
(B) Beginning January 1, 2026, no developer shall 
distribute an application to users in this state or design, 
develop, or maintain an application distributed to users in this 
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74 S. B. No. 167 Page 4
As Introduced
state without first determining whether the application is 
likely to be accessed by children and, if so, providing notice 
of that determination to each application store that distributes 
the application to users in this state.
(C)(1) The covered manufacturer of a device sold in this 
state on or after January 1, 2026, shall, upon the initial 
activation of the device, take commercially reasonable and 
technically feasible steps to determine or estimate the age of 
the primary user of the device.
(2) The covered manufacturer of an operating system for a 
device sold in this state before January 1, 2026, shall take 
commercially reasonable and technically feasible steps to 
determine or estimate the age of the primary user of the device 
following the first update to the operating system that occurs 
after January 1, 2027.
(D) On and after January 1, 2026, the covered manufacturer 
of an application store with users in this state shall take 
commercially reasonable and technically feasible steps to do all 
of the following:
(1) Provide a mechanism for developers to provide notice 
that an application is likely to be accessed by children;
(2) Obtain parental consent before permitting a user in 
this state who the covered manufacturer knows or should know is 
under sixteen years of age to download a covered application 
from the application store;
(3) Provide developers of covered applications in the 
application store with a signal regarding whether a parent has 
provided consent when required under division (D)(2) of this 
section;
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103 S. B. No. 167 Page 5
As Introduced
(4) Provide a parent who consents to a child downloading 
an application under division (D)(2) of this section with the 
option to connect with the developer of the application for the 
purpose of facilitating parental supervision tools.
(E) On and after January 1, 2026, a covered manufacturer 
shall take commercially reasonable and technically feasible 
steps to provide developers of covered applications with a 
digital signal via a real-time application programming interface 
regarding whether the covered manufacturer knows or estimates a 
user to be:
(1) Under thirteen years of age;
(2) At least thirteen years of age, and under sixteen 
years of age;
(3) At least sixteen years of age, and under eighteen 
years of age;
(4) At least eighteen years of age.
(F) On and after January 1, 2026, a developer of a covered 
application shall, to the extent applicable and technically 
feasible, provide readily available features for parents to 
support a child's use of the covered application. Such features 
shall, at minimum, do all of the following:
(1) Manage which accounts are affirmatively linked to the 
child;
(2) Manage the delivery of age appropriate content;
(3) Limit the amount of time that the child spends daily 
on the covered application.
(G)(1) This section shall not be construed to require a 
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130 S. B. No. 167 Page 6
As Introduced
covered entity to access, collect, retain, re-identify, or link 
information that the covered entity would not otherwise access, 
collect, retain, re-identify, or link in the ordinary course of 
business, except as absolutely necessary to comply with 
divisions (C), (D), and (E) of this section.
(2) A covered entity is not required to implement new 
account controls or safety settings if the covered entity's 
existing account controls and safety settings are sufficient to 
comply with this section.
(H)(1) Nothing in this section shall be construed to 
modify, impair, or supersede the operation of any antitrust law, 
including Chapter 1331. of the Revised Code and 15 U.S.C. 1, et 
seq.
(2) An application store shall comply with this section in 
a nondiscriminatory manner, including by:
(a) Imposing at least the same restrictions and 
obligations on the application store's own applications and 
application distribution as the application store does on third-
party applications or application distributors;
(b) Not using data collected from third parties, or 
consent mechanisms deployed for third parties, in the course of 
compliance with this section, for any of the following:
(i) To compete against those third parties;
(ii) To give the application store's services preference 
relative to those of third parties;
(iii) To act in a manner adverse to competition.
(I)(1) The attorney general may bring a civil action 
against a covered entity that the attorney general believes to 
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158 S. B. No. 167 Page 7
As Introduced
have violated this section. Before initiating such an 
enforcement action, the attorney general shall provide written 
notice to the covered entity identifying and explaining the 
basis for each alleged violation.
(2) Except as otherwise provided in division (I)(4) of 
this section, the attorney general shall not commence an 
enforcement action if the covered entity, within forty-five days 
after notice of the alleged violations is sent, does both of the 
following:
(a) Cures all violations described in the notice;
(b) Provides the attorney general with a written statement 
indicating that the violations are cured and agreeing to refrain 
from further violations of this section.
(3) If the covered entity does not timely respond or 
continues to violate this section after receiving the notice, 
the attorney general may initiate the enforcement action and 
seek damages of up to two thousand five hundred dollars for each 
violation. Except as otherwise provided in division (I)(4) of 
this section, damages begin to accrue on the forty-sixth day 
following the date the attorney general sends notice of the 
violation.
(4) Division (I)(2) of this section does not apply if the 
covered entity fails to timely cure all of the violations 
described in the notice or commits a subsequent violation of the 
same type after curing the initial violation under that 
division. Notwithstanding division (I)(3) of this section, if a 
covered entity commits a subsequent violation of the same type 
after reporting that the initial violation is cured, the 
attorney general may bring a civil action at any time after 
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187 S. B. No. 167 Page 8
As Introduced
sending notice of the violation under division (I)(1) of this 
section. Damages for the subsequent violation begin to accrue on 
the date the violation occurs.
(5) It is an affirmative defense to a violation of 
division (F) of this section if the covered entity acted in 
reasonable reliance on a covered manufacturer's signals 
regarding a user's age or parental consent.
(6) It is an affirmative defense to a violation of this 
section if the covered entity took commercially reasonable and 
technically feasible steps to comply.
(7) Nothing in this section shall be construed to provide 
a private right of action. The attorney general has the 
exclusive authority to enforce this section.
188
189
190
191
192
193
194
195
196
197
198
199
200