Regulation

The Intercept offered a novel argument under a provision of the DMCA that forbids stripping out “copyright management information” such as a work’s title and author, which The Intercept alleges OpenAI did in building the training data for ChatGPT.

SECTION 1. Short title; table of contents. (a) Short title.—This Act may be cited as the “Kids Online Safety Act”. (b) Table of contents.—The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.Sec. 3. Duty of care.Sec. 4. Safeguards for minors.Sec. 5. Disclosure.Sec. 6. Transparency.Sec. 7. Independent research on social media and minors.Sec. 8. Market research.Sec. 9. Age verification study and report.Sec. 10. Guidance.Sec. 11. Enforcement.Sec. 12. Kids online safety council.Sec. 13. Filter bubble transparency requirements.Sec. 14. Effective date.Sec. 15. Rules of construction and other matters.Sec. 16. Severability. SEC. 2. Definitions. In this Act: (1) CHILD.—The term “child” means an individual who is under the age of 13. (2) COMPULSIVE USAGE.—The term “compulsive usage” means any response stimulated by external factors that causes an individual to engage in repetitive behavior reasonably likely to cause psychological distress, loss of control, anxiety, or depression. (3) COVERED PLATFORM.— (A) IN GENERAL.—The term “covered platform” means an online platform, online video game, messaging application, or video streaming service that connects to the internet and that is used, or is reasonably likely to be used, by a minor. (B) EXCEPTIONS.—The term “covered platform” does not include— (i) an entity acting in its capacity as a provider of— (I) a common carrier service subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and all Acts amendatory thereof and supplementary thereto; (II) a broadband internet access service (as such term is defined for purposes of section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation); (III) an email service; (IV) a teleconferencing or video conferencing service that allows reception and transmission of audio and video signals for real-time communication, provided that— (aa) is not an online platform, including a social media service or social network; and (bb) the real-time communication is initiated by using a unique link or identifier to faciliate access; or (V) a wireless messaging service, including such a service provided through short messaging service or multimedia messaging service protocols, that is not a component of or linked to an online platform and where the predominant or exclusive function is direct messaging consisting of the transmission of text, photos or videos that are sent by electronic means, where messages are transmitted from the sender to a recipient, and are not posted within an online platform or publicly; (ii) an organization not organized to carry on business for its own profit or that of its members; (iii) any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education; (iv) a library (as defined in section 213(1) of the Library Services and Technology Act (20 U.S.C. 9122(1))); (v) a news website or app where— (I) the inclusion of video content on the website or app is related to the website or app's own gathering, reporting, or publishing of news content; and (II) the website or app is not otherwise an online platform; (vi) a product or service that primarily functions as business-to-business software; or (vii) a virtual private network or similar service that exists solely to route internet traffic between locations. (4) GEOLOCATION.—The term “geolocation” means information sufficient to identify street name and name of a city or town. (5) INDIVIDUAL-SPECIFIC ADVERTISING TO MINORS.— (A) IN GENERAL.—The term “individual-specific advertising to minors” means advertising or any other effort to market a product or service that is directed to a specific minor or a device that is linked or reasonably linkable to a minor— (i) based on— (I) the personal data of— (aa) the minor; or (bb) a group of minors who are similar in sex, age, income level, race, or ethnicity to the specific minor to whom the product or service is marketed; (II) psychological profiling of a minor or group of minors; or (III) a unique identifier of the device; or (ii) as a result of use by the minor, access by any device of the minor, or use by a group of minors who are similar to the specific minor, of more than a single— (I) website; (II) online service; (III) online application; (IV) mobile application; or (V) connected device (B) EXCLUSIONS.—The term “individual-specific advertising to minors” shall not include— (i) advertising or marketing to an individual or the device of an individual in response to the individual’s specific request for information or feedback, such as a minor’s current search query; (ii) contextual advertising, such as when an advertisement is displayed based on the content of the covered platform on which the advertisement appears and does not vary based on personal information related to the viewer;

SECTION 1. Short title; table of contents. (a) Short title.—This Act may be cited as the “Children and Teens’ Online Privacy Protection Act”. (b) Table of contents.—The table of contents for this Act is as follows: Sec. 1. Short title; table of contents.Sec. 2. Definitions.Sec. 3. Online collection, use, and disclosure of personal information of children and minors.Sec. 4. Fair Information Practices Principles.Sec. 5. Digital Marketing Bill of Rights for Minors.Sec. 6. Targeted marketing to children or minors.Sec. 7. Removal of content.Sec. 8. Privacy dashboard for connected devices for children and minors.Sec. 9. Rule for treatment of users of websites, services, and applications directed to children or minors.Sec. 10. Study of mobile and online application oversight.Sec. 11. Youth Privacy and Marketing Division.Sec. 12. Enforcement and applicability.Sec. 13. GAO study. SEC. 2. Definitions. (a) In general.—In this Act: (1) COMMISSION.—The term “Commission” means the Federal Trade Commission. (2) STANDARDS.—The term “standards” means benchmarks, guidelines, best practices, methodologies, procedures, and processes. (b) Other definitions.—The definitions set forth in section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501), as amended by section 3(a) of this Act, shall apply in this Act, except to the extent the Commission provides otherwise by regulations issued under section 553 of title 5, United States Code. SEC. 3. Online collection, use, and disclosure of personal information of children and minors. (a) Definitions.—Section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended— (1) by amending paragraph (2) to read as follows: “(2) OPERATOR.—The term ‘operator’— “(A) means any person— “(i) who, for commercial purposes, in interstate or foreign commerce operates or provides a website on the internet, an online service, an online application, a mobile application, or a connected device; and “(ii) who— “(I) collects or maintains, either directly or through a service provider, personal information from or about the users of that website, service, application, or connected device; “(II) allows another person to collect personal information directly from users of that website, service, application, or connected device (in which case, the operator is deemed to have collected the information); or “(III) allows users of that website, service, application, or connected device to publicly disclose personal information (in which case, the operator is deemed to have collected the information); and “(B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45).”; (2) in paragraph (4)— (A) by amending subparagraph (A) to read as follows: “(A) the release of personal information collected from a child or minor for any purpose, except where the personal information is provided to a person other than an operator who— “(i) provides support for the internal operations of the website, online service, online application, mobile application, or connected device of the operator, excluding any activity relating to targeted marketing directed to children, minors, or connected devices; and “(ii) does not disclose or use that personal information for any other purpose; and”; and (B) in subparagraph (B)— (i) by inserting “or minor” after “child” each place the term appears; (ii) by inserting “or minors” after “children”; and (iii) by striking “website or online service” and inserting “website, online service, online application, mobile application, or connected device”; (3) in paragraph (8), by striking subparagraphs (F) and (G) and inserting the following: “(F) geolocation information; “(G) information generated from the measurement or technological processing of an individual's biological, physical, or physiological characteristics, including— “(i) fingerprints; “(ii) voice prints; “(iii) iris or retina imagery scans; “(iv) facial imagery or templates; “(v) deoxyribonucleic acid (DNA) information; or “(vi) gait; “(H) information reasonably associated with or attributed to a child or minor; “(I) information (including an internet protocol address) that permits the identification of— “(i) an individual; or “(ii) any device used by an individual to directly or indirectly access the internet or an online service, online application, mobile application, or connected device; or “(J) information concerning a child or minor or the parents of that child or minor (including any unique or substantially unique identifier, such as a customer number) that an operator collects online from the child or minor and combines with an identifier described in this paragraph.”; (4) by amending paragraph (9) to read as follows: “(9) VERIFIABLE CONSENT.—The term ‘verifiable consent’ means any reasonable effort (ta