Regular Session 2023-2024 House Bill 2017 P.N. 2746

PRIOR PRINTER'S NO. 2597

PRINTER'S NO. 2746

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2017

Session of

2024

INTRODUCED BY MUNROE, DONAHUE, BOROWSKI, PROBST, M. JONES,

DELLOSO, SHUSTERMAN, CEPEDA-FREYTIZ, GERGELY, FRIEL, MADDEN,

DALEY, WAXMAN, HOHENSTEIN, O'MARA, GALLAGHER, PARKER,

KENYATTA, HILL-EVANS, KIM AND KAZEEM, FEBRUARY 20, 2024

AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY

AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED,

MARCH 19, 2024

AN ACT

Amending Title 50 (Mental Health) of the Pennsylvania

Consolidated Statutes, providing for protection of minors on

social media; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 50 of the Pennsylvania Consolidated

Statutes is amended by adding parts to read:

PART I

PRELIMINARY PROVISIONS

(Reserved)

PART II

MINORS

Chapter

10. Preliminary Provisions (Reserved)

11. Protecting Minors on Social Media

CHAPTER 10

PRELIMINARY PROVISIONS

(Reserved)

CHAPTER 11

PROTECTING MINORS ON SOCIAL MEDIA

Subchapter

A. General Provisions

B. Notice of Flagged Content

C. Consent to Open an Account

D. Data

E. UNLAWFUL ACTIVITY

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

1101. Scope of chapter.

1102. Legislative intent.

1103. Definitions.

§ 1101. Scope of chapter.

This chapter relates to protecting minors on social media.

§ 1102. Legislative intent.

The General Assembly finds and declares as follows:

(1) Social media use among American teenagers is nearly

universal. According to the Pew Research Center, 95% of teens

report using YouTube and 67% of teens have used TikTok, with

16% using it almost constantly.

(2) Social media platforms are designed to be addictive,

with teenagers at particular risk of excessive use. According

to the Pew Research Center, 54% of teens say it would be

difficult to give up social media entirely.

(3) Social media use is linked to negative feelings

among teens. A growing body of research, described in the

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International Journal of Adolescence and Youth and elsewhere,

has found that increased social media use is associated with

greater rates of depression and anxiety in teens. Additional

research published in the Children and Youth Services Review

describe a trend in which social media use can trigger and

accelerate offline violence.

(4) Rates of suicide and self-harm among American

teenagers have grown dramatically in recent years. The

Centers for Disease Control and Prevention have found that,

in 2021, three in five girls felt persistently sad and

hopeless, while more than one in four girls reported

seriously considering attempting suicide. These rates have

increased significantly since 2011.

(5) Federal and State policymakers are beginning to

recognize the risks that social media use place on American

youth. A number of recent policy proposals provide parents

and guardians of teenagers with greater oversight over their

children's social media use.

(6) In May 2023, the United States Surgeon General

released a health advisory finding that social media can

"have a profound risk of harm to the mental health and well-

being of children and adolescents." The advisory recommends

policies that limit access to social media and require

greater protection of data relating to children and

adolescents. "MORE RESEARCH IS NEEDED TO FULLY UNDERSTAND THE

IMPACT OF SOCIAL MEDIA; HOWEVER, THE CURRENT BODY OF EVIDENCE

INDICATES THAT WHILE SOCIAL MEDIA MAY HAVE BENEFITS FOR SOME

CHILDREN AND ADOLESCENTS, THERE ARE AMPLE INDICATORS THAT

SOCIAL MEDIA CAN ALSO HAVE A PROFOUND RISK OF HARM TO THE

MENTAL HEALTH AND WELL-BEING OF CHILDREN AND ADOLESCENTS."

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THE ADVISORY RECOMMENDS A RANGE OF POLICIES TO CONSIDER,

INCLUDING "POLICIES THAT FURTHER LIMIT ACCESS - IN WAYS THAT

MINIMIZE THE RISK OF HARM - TO SOCIAL MEDIA FOR ALL CHILDREN,

INCLUDING STRENGTHENING AND ENFORCING AGE MINIMUMS."

(7) In addition to empowering parents and guardians to

protect children against these risks, policymakers are

establishing mechanisms to hold social media companies

accountable for harms to children and youth.

(8) Greater oversight of social media platforms will

enable families in this Commonwealth to use online tools in a

more productive and healthy fashion.

§ 1103. Definitions.

As used in this chapter, the following words and phrases

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Account." Any means of registration by which an individual

may engage in one or more functions of a social media platform.

"Algorithmic recommendation." A fully or partially automated

system that suggests, promotes or ranks information for, or

presents advertising to, an individual.

"Chats." Instant, electronic messages exchanged on a social

media platform.

"Delete." To remove personal information such that the

information is not retrievable by anyone and cannot be retrieved

in the normal course of business.

"Flagged content." Chats, posts, videos and images that are

deemed sensitive or graphic by users on a social media platform

and for which the social media company has taken action to limit

according to the social media company's terms of use policy.

"Mine." The activity or process of searching through large

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amounts of information for specific data or patterns.

"Minor." Except as provided in section 1131 (relating to

definitions), an individual who is under 16 years of age.

"Personal information." As defined in 15 U.S.C. § 6501

(relating to definitions).

"PERSONALIZED RECOMMENDATION SYSTEM." A FULLY OR PARTIALLY

AUTOMATED SYSTEM THAT IS BASED ON A USER'S HISTORICAL ACTIVITY

DATA AND WHICH SUGGESTS, PROMOTES OR RANKS INFORMATION THAT IS

PRESENTED OR DISPLAYED TO USERS.

"School entity." A school district, intermediate unit, area

career and technical school, charter school or private

residential rehabilitative institution.

"Social media company." A person that owns or operates one

or more social media platforms.

"Social media platform." A public or semi-public Internet-

based service or application that has users in this Commonwealth

and that meets all of the following:

(1) A substantial function of the service or application

is to connect users in order to allow users to interact

socially with each other within the service or application.

(2) The service or application allows users to do one or

more of the following:

(i) Construct a public or semi-public profile for

purposes of signing into and using the service or

application.

(ii) Populate a list of other users with whom an

individual shares a social connection within the system.

(iii) Create or post content viewable by other

users, including on message boards, in chat rooms or

through a landing page or main feed that presents the

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user with content generated by other users.

"SOCIAL MEDIA PLATFORM." A PUBLIC OR SEMIPUBLIC INTERNET-

BASED SERVICE OR APPLICATION THAT HAS USERS IN THIS COMMONWEALTH

AND THAT MEETS ALL OF THE FOLLOWING CRITERIA:

(1) A PRIMARY FUNCTION OF THE SERVICE OR APPLICATION IS

TO CONNECT USERS IN ORDER TO ALLOW USERS TO INTERACT SOCIALLY

WITH EACH OTHER WITHIN THE SERVICE OR APPLICATION, PROVIDED

THAT A SERVICE OR APPLICATION THAT PROVIDES EMAIL OR DIRECT

MESSAGING SERVICES, CLOUD COMPUTING OR COMMERCIAL

TRANSACTIONS SHALL NOT BE CONSIDERED TO MEET THIS CRITERION

SOLELY ON THE BASIS OF THAT FUNCTION.

(2) THE SERVICE OR APPLICATION ALLOWS USERS TO DO ALL OF

THE FOLLOWING:

(I) CONSTRUCT A PUBLIC OR SEMIPUBLIC PROFILE FOR

PURPOSES OF SIGNING INTO AND USING THE SERVICE OR

APPLICATION.

(II) POPULATE A LIST OF OTHER USERS WITH WHOM AN

INDIVIDUAL SHARES A SOCIAL CONNECTION WITHIN THE SYSTEM.

(III) CREATE OR POST CONTENT VIEWABLE BY OTHER

USERS, INCLUDING, BUT NOT LIMITED TO, ON MESSAGE BOARDS,

IN CHAT ROOMS OR THROUGH A LANDING PAGE OR MAIN FEED THAT

PRESENTS THE USER WITH CONTENT GENERATED BY OTHER USERS.

SUBCHAPTER B

NOTICE OF FLAGGED CONTENT

Sec.

1110. Monitor chats of minors.

1111. Notice of flagged content.

§ 1110. Monitor chats of minors.

A social media company shall monitor chats between two or

more minors for flagged content.

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§ 1111. Notice of flagged content.

(a) Notice.--A social media company shall send a notice to a

parent or legal guardian of a minor of flagged content on the

minor's chats.

(b) Form.--A social media company shall provide the notice

under subsection (a) via chat message to the parent or legal

guardian's account and by email to the email address associated

with the parent or legal guardian's account.

or legal guardian of a minor the option to opt out at any time

of the requirement for the social media company to monitor and

send a notice of flagged content on the minor's chats.

SUBCHAPTER C

CONSENT TO OPEN AN ACCOUNT

Sec.

1121. Applicability.

1122. Approval prohibited AGE ASSURANCE .

1123. Duties.

1124. Revocation of consent.

1125. Violations.

§ 1121. Applicability.

This subchapter shall apply to accounts opened on or after

the effective date of this section.

§ 1122. Approval prohibited.

A social media company may not approve the creation of an

account for a minor or allow a minor to open or operate an

account without affirmative written consent of the minor's

parent or legal guardian.

§ 1123. Duties.

(a) Attorney General.--The Office of Attorney General shall

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develop and make available on its publicly accessible Internet

website a form that may be used by a parent or legal guardian to

provide consent for a minor to open a social media account. The

Office of Attorney General shall transmit a copy of the form to

each social media company.

(b) Social media company.--Each social media company shall

post in a conspicuous place on each of their social media

platforms notice that written consent by the minor's parent or

legal guardian shall be required prior to opening an account.

The social media platform shall allow for a parent or legal

guardian to submit, electronically or via mail service, a

completed consent notification form developed by the Office of

Attorney General under subsection (a). A social media platform

may include a method for a parent or legal guardian to provide

written consent as required by this chapter via electronic

means. Any electronic consent included in a social media

platform must include the same information as required by the

form developed by the Office of Attorney General under

subsection (a).

minor opens a social media account without written consent by

their parent or legal guardian, the social media company shall,

within 24 hours of discovery of the failure to obtain the

consent:

(1) suspend the social media account; and

(2) notify the parent or legal guardian that the minor

has attempted to open a social media account without their

consent.

(d) Social media account access.--If a parent or legal

guardian provides written consent to a minor to open a social

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media account under this section, the social media company shall

ensure a parent or legal guardian has the same access to the

minor's account as if they were the account holder.

(e) Notice of alleged violation.--A social media company

shall develop and post notice on its website of the methods,

such as electronic and telephonic means, by which a minor's

parent or legal guardian may notify the social media company

that the minor has opened a social media account on its social

media platform without the required written consent.

§ 1122. AGE ASSURANCE.

UTILIZING COMMERCIALLY AVAILABLE BEST PRACTICES, A SOCIAL

MEDIA PLATFORM SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO

VERIFY THE AGE OF USERS UPON THE CREATION OF AN ACCOUNT, WITH A

LEVEL OF CERTAINTY APPROPRIATE TO THE RISKS THAT ARISE FROM THE

INFORMATION MANAGEMENT PRACTICES OF THE SOCIAL MEDIA COMPANY, OR

APPLY THE ACCOMMODATIONS AFFORDED TO MINORS UNDER THIS CHAPTER

TO ALL ACCOUNT HOLDERS.

§ 1123. DUTIES.

(A) GENERAL RULE.--A SOCIAL MEDIA COMPANY MAY NOT PERMIT A

MINOR RESIDING IN THIS COMMONWEALTH TO BECOME AN ACCOUNT HOLDER

ON A SOCIAL MEDIA PLATFORM UNLESS THE MINOR HAS THE EXPRESS

CONSENT OF THE MINOR'S PARENT OR LEGAL GUARDIAN. A SOCIAL MEDIA

PLATFORM MAY OBTAIN EXPRESS CONSENT FROM A MINOR'S PARENT OR

LEGAL GUARDIAN THROUGH ANY OF THE FOLLOWING MEANS:

(1) BY PROVIDING A COMPLETED FORM, DEVELOPED BY THE

ATTORNEY GENERAL, FROM A MINOR'S PARENT OR LEGAL GUARDIAN TO

SIGN AND RETURN TO THE SOCIAL MEDIA PLATFORM VIA MAIL OR

ELECTRONIC MEANS.

(2) THROUGH A TOLL-FREE TELEPHONE NUMBER FOR A MINOR'S

PARENT OR LEGAL GUARDIAN TO CALL.

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(3) THROUGH A CALL WITH A MINOR'S PARENT OR LEGAL

GUARDIAN OVER VIDEO CONFERENCING TECHNOLOGY.

(4) BY COLLECTING INFORMATION RELATED TO THE GOVERNMENT-

ISSUED IDENTIFICATION OF A MINOR'S PARENT OR LEGAL GUARDIAN,

SHARED BY THE PARENT OR LEGAL GUARDIAN. A SOCIAL MEDIA

PLATFORM SHALL DELETE THE INFORMATION RELATED TO THE

GOVERNMENT-ISSUED IDENTIFICATION OF A MINOR'S PARENT OR LEGAL

GUARDIAN AFTER CONFIRMING THE IDENTIFY OF A MINOR'S PARENT OR

LEGAL GUARDIAN.

(5) ALLOWING A MINOR'S PARENT OR LEGAL GUARDIAN TO

PROVIDE CONSENT BY RESPONDING TO AN EMAIL AND TAKING

ADDITIONAL STEPS TO VERIFY THE IDENTITY OF A MINOR'S PARENT

OR LEGAL GUARDIAN.

(6) ANY OTHER COMMERCIALLY REASONABLE METHODS OF

OBTAINING CONSENT IN LIGHT OF AVAILABLE TECHNOLOGY.

(B) ATTORNEY GENERAL.--THE OFFICE OF ATTORNEY GENERAL SHALL

DEVELOP AND MAKE AVAILABLE ON THEIR PUBLICLY ACCESSIBLE INTERNET

WEBSITE A FORM THAT MAY BE USED BY A PARENT OR LEGAL GUARDIAN TO

PROVIDE CONSENT FOR A MINOR TO OPEN A SOCIAL MEDIA ACCOUNT. THE

ATTORNEY GENERAL SHALL TRANSMIT A COPY OF THE FORM TO EACH

SOCIAL MEDIA COMPANY.

DOCUMENTATION AS TO THE MANNER IN WHICH THE SOCIAL MEDIA COMPANY

HAS OBTAINED EXPRESS CONSENT FROM A MINOR'S PARENT OR LEGAL

GUARDIAN. THE SOCIAL MEDIA PLATFORM MAY DELETE THE DOCUMENTATION

WHEN THE MINOR IS NO LONGER A MINOR OR WITHIN THE ESTABLISHED

TIME FRAME BY THE SOCIAL MEDIA COMPANY FOR MAINTAINING DATA.

(D) SOCIAL MEDIA COMPANY.--EACH SOCIAL MEDIA COMPANY SHALL

POST IN A CONSPICUOUS PLACE ON EACH OF THEIR SOCIAL MEDIA

PLATFORMS NOTICE THAT EXPRESS CONSENT BY THE MINOR'S PARENT OR

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LEGAL GUARDIAN SHALL BE REQUIRED PRIOR TO OPENING AN ACCOUNT.

ANY ELECTRONIC CONSENT INCLUDED IN A SOCIAL MEDIA PLATFORM MUST

INCLUDE THE SAME INFORMATION AS REQUIRED BY THE FORM DEVELOPED

BY THE ATTORNEY GENERAL'S OFFICE UNDER SUBSECTION (B).

(E) FAILURE TO OBTAIN CONSENT.--TO THE EXTENT POSSIBLE, IF A

MINOR OPENS A SOCIAL MEDIA ACCOUNT WITHOUT EXPRESS CONSENT BY

THEIR PARENT OR LEGAL GUARDIAN, THE SOCIAL MEDIA COMPANY SHALL,

WITHIN A REASONABLE TIME AFTER DISCOVERY OF THE FAILURE TO

OBTAIN THE EXPRESS CONSENT:

(1) SUSPEND THE SOCIAL MEDIA ACCOUNT; AND

(2) NOTIFY THE MINOR'S PARENT OR LEGAL GUARDIAN THAT THE

MINOR HAS ATTEMPTED TO OPEN A SOCIAL MEDIA ACCOUNT WITHOUT

THEIR CONSENT.

(F) SOCIAL MEDIA ACCESS.--TO THE EXTENT POSSIBLE, A SOCIAL

MEDIA COMPANY SHALL PROVIDE A MINOR'S PARENT OR LEGAL GUARDIAN

WHO HAS GIVEN EXPRESS CONSENT FOR THE MINOR TO BECOME AN ACCOUNT

HOLDER WITH A MEANS FOR THE MINOR'S PARENT OR LEGAL GUARDIAN TO

INITIATE ACCOUNT SUPERVISION. ACCOUNT SUPERVISION MAY INCLUDE:

(1) ALLOWING THE MINOR'S PARENT OR LEGAL GUARDIAN THE

ABILITY TO VIEW PRIVACY SETTINGS OF THE MINOR'S ACCOUNT;

(2) ALLOWING A MINOR'S PARENT OR LEGAL GUARDIAN TO SET

DAILY TIME LIMITS FOR THE MINOR'S ACCOUNT;

(3) ALLOWING A MINOR'S PARENT OR LEGAL GUARDIAN TO

SCHEDULE BREAKS FOR THE MINOR'S ACCOUNT; AND

(4) ALLOWING A MINOR THE OPTION OF PROVIDING

NOTIFICATIONS TO THE MINOR'S PARENT OR LEGAL GUARDIAN IF THE

MINOR REPORTS A PERSON OR AN ISSUE TO THE SOCIAL MEDIA

PLATFORM.

(G) NOTIFICATION.--A SOCIAL MEDIA PLATFORM SHALL PROVIDE

CLEAR NOTICE TO THE MINOR ON THE FEATURES OF THE MINOR'S ACCOUNT

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TO WHICH THE MINOR'S PARENT OR LEGAL GUARDIAN MAY HAVE ACCESS.

(H) NO ACCOUNT REQUIRED.--A SOCIAL MEDIA PLATFORM MAY NOT

REQUIRE A PARENT OR LEGAL GUARDIAN TO HAVE THEIR OWN ACCOUNT AS

A CONDITION OF A MINOR BEING ABLE TO OPEN AN ACCOUNT.

(I) NOTICE OF ALLEGED VIOLATION.--A SOCIAL MEDIA COMPANY

SHALL DEVELOP AND POST NOTICE ON ITS PUBLICLY ACCESSIBLE

INTERNET WEBSITE OF THE METHODS, SUCH AS ELECTRONIC AND

TELEPHONIC MEANS, BY WHICH A MINOR'S PARENT OR LEGAL GUARDIAN

MAY NOTIFY THE SOCIAL MEDIA COMPANY THAT THE MINOR HAS OPENED A

SOCIAL MEDIA ACCOUNT ON ITS SOCIAL MEDIA PLATFORM WITHOUT THE

REQUIRED CONSENT.

§ 1124. Revocation of consent.

(a) Time.-- A parent or legal guardian of a minor who has

provided written A MINOR'S PARENT OR LEGAL GUARDIAN WHO HAS

PROVIDED EXPRESS consent under this subchapter may revoke the

consent at any time.

(b) Social media company.--A social media company

PLATFORM.--A SOCIAL MEDIA PLATFORM shall take reasonable steps

to provide a parent or legal guardian who has provided written

EXPRESS consent for a minor to open a social media account with

the ability to revoke the consent.

that receives a revocation of consent under subsection (a)

shall, to the extent possible, within 24 hours of A REASONABLE

TIME FRAME FROM receipt of the revocation, suspend, delete or

disable the account of the minor for whom consent was revoked.

§ 1125. Violations.

(a) Action.--The Attorney General , a district attorney of

the county in which the minor or minor's parent or legal

guardian resides, a unit of government in the municipality in

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which the minor or minor's parent or legal guardian resides or a

lawyer acting on behalf of a parent or legal guardian of a minor

may SHALL HAVE JURISDICTION TO bring an action against a social

media company that knowingly, intentionally or negligently

allows for a minor to open a social media account without

written EXPRESS consent of the minor's parent or legal guardian.

The Attorney General or district attorney may bring multiple

cases at one time against a social media company for violations

of this chapter.

(b) Penalty.--

(1) For a first offense for an action brought on behalf

of a single minor, a civil penalty not to exceed $2,500.

(2) For a second offense for an action brought on behalf

of the same single minor under paragraph (1), a civil penalty

not to exceed $5,000.

(3) For a third or subsequent offense for an action

brought on behalf of the same single minor under paragraph

(1), a civil penalty not to exceed $50,000.

(4) For a first offense for an action brought by the

Attorney General or a district attorney on behalf of multiple

minors, a civil penalty not to exceed the greater of

$5,000,000 or the total number of violations multiplied by

the maximum civil penalty under paragraph (1).

(5) If a court of competent jurisdiction determines that

there have been repeated intentional violations of this

chapter by a social media company, the court may enter an

order enjoining the social media company from operating in

this Commonwealth.

brought by the Attorney General, civil fees collected under

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subsection (b)(4) shall be deposited into the School Safety and

Security Fund to be used exclusively for mental health-related

services for school entities .

(d) District attorney or unit of government use of received

fees.--For an action brought by a district attorney or a unit of

government, civil fees collected under this section shall be

used by the county or unit of government to provide mental

health-related services for school entities in the county.

(e) Good faith.--It shall be a defense to a cause of action

under subsection (a) if a social media company takes good faith

actions, as determined by a court of competent jurisdiction, to

protect a minor from harm while using the social media company's

platform.

SUBSECTION (B) SHALL BE DEPOSITED INTO THE SCHOOL SAFETY AND

SECURITY FUND TO BE USED EXCLUSIVELY FOR MENTAL HEALTH-RELATED

SERVICES FOR SCHOOL ENTITIES.

(D) GOOD FAITH.--IT SHALL BE A DEFENSE TO AN ACTION UNDER

SUBSECTION (A) IF A SOCIAL MEDIA COMPANY ALLOWS FOR THE CREATION

OR OPENING OF AN ACCOUNT FOR A MINOR BASED ON A GOOD FAITH

BELIEF THAT THE MINOR HAS OBTAINED THE EXPRESS CONSENT REQUIRED

UNDER THIS SUBCHAPTER.

SUBCHAPTER D

DATA

Sec.

1131. Definitions.

1132. Prohibitions.

1133. Violations.

1134. Removal.

§ 1131. Definitions.

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As used in this subchapter, the following words and phrases

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Minor." An individual who is under 18 years of age.

"Qualified individual." Any of the following:

(1) A parent or guardian of a minor.

(2) An adult individual from whom data was collected

when the individual was a minor.

§ 1132. Prohibitions.

(a) Mining.--A social media company may not mine data

related to a minor who has opened a social media account,

notwithstanding if the account was opened with the written

consent of a parent or legal guardian of the minor.

(b) Sale of data.--A social media company may not sell or

profit from data related to a minor who has opened a social

media account, notwithstanding if the account was opened with

the written consent of a parent or legal guardian of the minor.

may not use the personal data of a minor in an algorithmic

recommendation system.

§ 1133. Violations.

(a) Actions.--The Attorney General, a district attorney in

the county in which the minor or minor's parent or legal

guardian resides, a unit of government in which the minor or

minor's parent or legal guardian resides or a lawyer acting on

behalf of a parent or legal guardian of a minor may bring an

action against a social media company that knowingly,

intentionally or negligently violates a prohibition under

section 1132 (relating to prohibitions).

"SALE," "SELL" OR "SOLD." THE EXCHANGE OF PERSONAL

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INFORMATION FOR MONETARY CONSIDERATION BY THE BUSINESS TO A

THIRD PARTY. THE TERM DOES NOT INCLUDE:

(1) THE DISCLOSURE OF PERSONAL INFORMATION TO A

PROCESSOR THAT PROCESSES THE PERSONAL INFORMATION ON BEHALF

OF THE BUSINESS.

(2) THE DISCLOSURE OF PERSONAL INFORMATION TO A THIRD

PARTY FOR PURPOSES OF PROVIDING A PRODUCT OR SERVICE

REQUESTED BY THE CONSUMER.

(3) THE DISCLOSURE OR TRANSFER OF PERSONAL INFORMATION

TO AN AFFILIATE OF THE BUSINESS.

(4) THE DISCLOSURE OF INFORMATION THAT THE CONSUMER:

(I) INTENTIONALLY MADE AVAILABLE TO THE GENERAL

PUBLIC VIA A CHANNEL OF MASS MEDIA; AND

(II) DID NOT RESTRICT TO A SPECIFIC AUDIENCE.

(5) THE DISCLOSURE OR TRANSFER OF PERSONAL INFORMATION

TO A THIRD PARTY AS AN ASSET THAT IS PART OF A MERGER,

ACQUISITION, BANKRUPTCY OR OTHER TRANSACTION IN WHICH THE

THIRD PARTY ASSUMES CONTROL OF ALL OR PART OF THE BUSINESS'S

ASSETS.

"TARGETED ADVERTISING." THE DISPLAYING OF ADVERTISEMENTS TO

A CONSUMER WHERE THE ADVERTISEMENT IS SELECTED BASED ON PERSONAL

INFORMATION OBTAINED FROM THAT CONSUMER'S ACTIVITIES OVER TIME

AND ACROSS NONAFFILIATED WEBSITES OR ONLINE APPLICATIONS TO

PREDICT SUCH CONSUMER'S PREFERENCES OR INTERESTS. THE TERM DOES

NOT INCLUDE:

(1) ADVERTISEMENTS BASED ON ACTIVITIES WITHIN A SOCIAL

MEDIA PLATFORM'S OWN WEBSITES OR ONLINE APPLICATIONS;

(2) ADVERTISEMENTS BASED ON THE CONTEXT OF A CONSUMER'S

CURRENT SEARCH QUERY, VISIT TO A WEBSITE OR ONLINE

APPLICATION;

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(3) ADVERTISEMENTS DIRECTED TO A CONSUMER IN RESPONSE TO

THE CONSUMER'S REQUEST FOR INFORMATION OR FEEDBACK; OR

(4) PROCESSING PERSONAL INFORMATION PROCESSED SOLELY FOR

MEASURING OR REPORTING ADVERTISING PERFORMANCE, REACH OR

FREQUENCY.

"THIRD PARTY." AN INDIVIDUAL OR LEGAL ENTITY, PUBLIC

AUTHORITY, AGENCY OR BODY, OTHER THAN THE CONSUMER, BUSINESS OR

PROCESSOR OR AN AFFILIATE OF THE PROCESSOR OR THE BUSINESS.

§ 1132. PROHIBITIONS.

(A) MINING.--A SOCIAL MEDIA COMPANY MAY NOT MINE DATA

RELATED TO A MINOR WHO HAS OPENED A SOCIAL MEDIA ACCOUNT,

NOTWITHSTANDING IF THE ACCOUNT WAS OPENED WITH THE EXPRESS

CONSENT OF THE MINOR'S PARENT OR LEGAL GUARDIAN. THIS SUBSECTION

SHALL NOT APPLY TO ANY OF THE FOLLOWING:

(1) DATA REGARDING AGE AND LOCATION FOR PURPOSES OF

PERSONALIZED RECOMMENDATIONS RELATED TO AGE-APPROPRIATE

CONTENT.

(2) THE MINING OF DATA NECESSARY TO PROTECT MINORS FROM

VIEWING HARMFUL CONTENT.

(3) MINING OF DATA BEYOND WHAT IS ADEQUATE, RELEVANT AND

REASONABLY NECESSARY IN RELATION TO THE PURPOSE FOR WHICH THE

DATA IS PROCESSED, AS DISCLOSED.

(B) SALE OF DATA.--A SOCIAL MEDIA COMPANY MAY NOT SELL OR

PROFIT FROM PERSONAL INFORMATION RELATED TO A MINOR WHO HAS

OPENED A SOCIAL MEDIA ACCOUNT, OR ENGAGE IN TARGETED ADVERTISING

BASED ON A MINOR'S AGE, GENDER OR INTERESTS, NOTWITHSTANDING IF

THE ACCOUNT WAS OPENED WITH THE EXPRESS CONSENT OF A MINOR'S

PARENT OR LEGAL GUARDIAN.

MAY PROVIDE A PROMINENT, ACCESSIBLE AND RESPONSIVE TOOL FOR A

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USER WHO IS A MINOR TO OPT IN OF THE USE OF SEARCH AND WATCH

HISTORY FOR USE IN PERSONALIZED RECOMMENDATION SYSTEMS. A SOCIAL

MEDIA PLATFORM MAY NOT USE A PERSONALIZED RECOMMENDATION SYSTEM

UNLESS A MINOR OPTS IN.

§ 1133. VIOLATIONS.

(A) ACTIONS.--THE ATTORNEY GENERAL SHALL HAVE JURISDICTION

TO BRING AN ACTION AGAINST A SOCIAL MEDIA COMPANY THAT

KNOWINGLY, INTENTIONALLY OR NEGLIGENTLY VIOLATES A PROHIBITION

UNDER SECTION 1132 (RELATING TO PROHIBITIONS).

(b) Penalty.--

(1) For a first offense for an action brought on behalf

of a single minor, a civil penalty not to exceed $10,000.

(2) For a second offense for an action brought on behalf

of the same single minor under paragraph (1), a civil penalty

not to exceed $50,000.

(3) For a third or subsequent offense for an action

brought on behalf of the same single minor under paragraph

(1), a civil penalty not to exceed $500,000.

(4) For a first offense for an action brought by the

Attorney General, district attorney or unit of government on

behalf of multiple minors, a civil penalty not to exceed the

greater of $50,000,000 or the total number of violations

multiplied by the maximum civil penalty under paragraph (1).

(5) For a violation of paragraphs (1), (2), (3) and (4),

a court of competent jurisdiction may order data collected as

a result of a violation of a prohibition under section 1132

to be scrubbed and removed from the Internet. The cost of

removal shall be paid by the social media company.

(6) If a court of competent jurisdiction determines that

there has been repeated intentional violations of a

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prohibition under section 1132 by a social media company, the

court may prohibit the social media company from operating in

this Commonwealth.

brought by the Attorney General, civil fees collected under this

section shall be deposited into the School Safety and Security

Fund to be used for mental health-related services for school

entities.

(d) District attorney or unit of government use of received

fees.--For an action brought by a district attorney or unit of

government, civil fees collected under this section shall be

used by the county or unit of government to provide mental

health-related services for school entities in the county or

unit of government.

(e) Good faith.--It shall be a defense to a cause of action

under subsection (a) if a social media company takes good faith

actions, as determined by a court of competent jurisdiction, to

protect a minor from harm while using the social media company's

platform.

§ 1134. Removal.

(a) Process.--A social media company shall implement a

process for a qualified individual to have data mined or

collected from an individual when the individual was a minor

deleted and removed from websites and platforms operated by the

social media company.

(b) Notice.--A social media company that has mined or

ACCOUNTS FOR MINORS IN THIS COMMONWEALTH.

SECTION SHALL BE DEPOSITED INTO THE SCHOOL SAFETY AND SECURITY

FUND TO BE USED FOR MENTAL HEALTH-RELATED SERVICES FOR SCHOOL

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ENTITIES.

(D) GOOD FAITH.--IT SHALL BE A DEFENSE TO AN ACTION UNDER

SUBSECTION (A) IF A SOCIAL MEDIA COMPANY TAKES GOOD FAITH

ACTIONS TO LIMIT THE PERSONAL INFORMATION MINED FROM A MINOR OR

ACTS IN GOOD FAITH TO PROHIBIT THE SALE OF PERSONAL INFORMATION

OF A MINOR.

§ 1134. REMOVAL.

(A) PROCESS.--IN RESPONSE TO A REQUEST FROM A QUALIFIED

INDIVIDUAL, A SOCIAL MEDIA PLATFORM SHALL PROVIDE SUCH

INDIVIDUAL THE ABILITY TO CORRECT OR DELETE PERSONAL INFORMATION

THAT THE QUALIFIED INDIVIDUAL HAS PROVIDED TO THE SOCIAL MEDIA

PLATFORM OR THAT THE SOCIAL MEDIA PLATFORM OBTAINED ABOUT THE

QUALIFIED INDIVIDUAL. DEIDENTIFIED INFORMATION MAY BE CONSIDERED

DELETED FOR PURPOSES OF THIS SUBCHAPTER.

(B) FULFILLING REQUESTS.--TO HELP FULFILL REQUESTS FROM A

QUALIFIED INDIVIDUAL, A SOCIAL MEDIA PLATFORM MAY:

(1) REQUIRE THE QUALIFIED INDIVIDUAL TO REASONABLY

IDENTIFY THE ACTIVITIES TO WHICH THE QUALIFIED INDIVIDUAL'S

REQUEST RELATES; AND

(2) PROVIDE AUTOMATED TOOLS THAT ALLOW QUALIFIED

INDIVIDUALS TO CORRECT OR DELETE PERSONAL INFORMATION UNDER

SUBSECTION (A).

collected personal information from a minor or retains personal

information about a minor shall prominently display notice on

the website of how a qualified individual can request that the

social media company PLATFORM delete personal information in the

possession of the social media company PLATFORM that was

collected from or about the individual when the individual was a

minor.

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a social media company PLATFORM shall, no later than 30 days

after the request, delete personal information in the possession

of the social media company that was mined or collected from or

about the individual when the individual was a minor.

(d) (E) Confirmation.--Within five 90 business days of

personal information being deleted by the social media company,

the social media company shall provide, by written

communication, notice to the qualified individual that personal

information has been deleted.

(e) Violations.--A social media company that intentionally,

knowingly or negligently failed

(F) VIOLATIONS.--A SOCIAL MEDIA COMPANY THAT FAILS to delete

personal information when a request to delete personal

information is made by a qualified individual shall be strictly

liable for a civil penalty of $10,000 per day per website until

the personal information has been removed. If a social media

company has received consent from a parent or guardian to

collect personal information of a minor, the consent shall be an

absolute defense to a violation of this section.

Section 2. This act shall take effect as follows:

(1) Except for the addition of 50 Pa.C.S. § 1123(a) and

50 Pa.C.S. Ch. 11 Subch. C shall take effect in one year.

(2) The remainder of this act shall take effect

immediately.

THE ATTORNEY GENERAL SHALL HAVE EXCLUSIVE JURISDICTION TO

BRING AN ACTION UNDER THIS SECTION.

SUBCHAPTER E

UNLAWFUL ACTIVITY

SEC.

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1141. UNLAWFUL ACTIVITY.

§ 1141. UNLAWFUL ACTIVITY.

(A) UNLAWFUL ACTIVITY.--IT SHALL BE UNLAWFUL FOR A SOCIAL

MEDIA COMPANY OR A SOCIAL MEDIA PLATFORM TO INTENTIONALLY,

KNOWINGLY, RECKLESSLY OR NEGLIGENTLY CAUSE OR ENCOURAGE A MINOR

TO ACCESS CONTENT WHICH THE SOCIAL MEDIA COMPANY KNOWS OR SHOULD

HAVE KNOWN SUBJECTS ONE OR MORE MINORS TO HARM THAT IS

DETRIMENTAL TO THE PHYSICAL HEALTH, MENTAL HEALTH OR THE WELL-

BEING OF A MINOR OR THAT CREATES A REASONABLE LIKELIHOOD OF

BODILY INJURY OR DEATH TO THE MINOR.

(B) EXCLUSIVE JURISDICTION.--THE ATTORNEY GENERAL SHALL HAVE

EXCLUSIVE JURISDICTION FOR VIOLATIONS OF THIS SECTION.

DAMAGES AS PROVIDED UNDER THIS SUBSECTION. IN DETERMINING THE

EXTENT OF INJURY, THE COURT SHALL CONSIDER THE DAMAGE CAUSED TO

THE MINOR DUE TO UTILIZATION OF A SOCIAL MEDIA PLATFORM BY THE

MINOR. THE COURT MAY AWARD:

(1) ACTUAL COSTS INCURRED AS A RESULT OF THE DAMAGE,

INCLUDING COSTS ASSOCIATED WITH COUNSELING SERVICES, DOCTORS

VISITS, TREATMENT AND CO-PAYS.

(2) ACTUAL ATTORNEY FEES AND COURT COSTS INCURRED BY THE

ATTORNEY GENERAL.

(3) PUNITIVE DAMAGES DETERMINED BY THE COURT.

(4) CONSEQUENTIAL DAMAGES, IF HARM TO REPUTATION

OCCURRED, AS DETERMINED BY THE COURT.

(D) DEPOSIT.--DAMAGES RECOVERED UNDER SUBSECTION (C)(3) AND

(4) SHALL BE DEPOSITED INTO THE SCHOOL SAFETY AND SECURITY FUND

TO BE USED EXCLUSIVELY FOR MENTAL HEALTH-RELATED SERVICES FOR

STUDENTS.

(E) REMEDIES PRESERVED.--NOTHING UNDER THIS SECTION SHALL BE

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CONSTRUED TO LIMIT THE ATTORNEY GENERAL'S ABILITY TO BRING AN

ACTION UNDER OTHER PROVISIONS OF LAW.

(F) GOOD FAITH.--IT SHALL BE A DEFENSE TO AN ACTION UNDER

SUBSECTION (A) IF A SOCIAL MEDIA COMPANY TAKES GOOD FAITH

ACTIONS, AS DETERMINED BY A COURT OF COMPETENT JURISDICTION, TO

PROTECT A MINOR FROM CONTENT THAT THE SOCIAL MEDIA COMPANY KNEW

OR SHOULD HAVE KNOWN SUBJECTS A MINOR TO HARM AND IS DETRIMENTAL

TO THE PHYSICAL HEALTH, MENTAL HEALTH OR THE WELL-BEING OF A

MINOR OR THAT CREATES A REASONABLE LIKELIHOOD OF BODILY INJURY

OR DEATH TO THE MINOR RESULTING FROM THE USE OF THE SOCIAL MEDIA

COMPANY'S PLATFORM.

SECTION 2. THIS ACT SHALL TAKE EFFECT IN 18 MONTHS.

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