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