SPY Kids Act

This bill prohibits online platforms from conducting market or product-focused research on children and limits such research on teens, enforced by the Federal Trade Commission and state attorneys general. It defines key terms, sets enforcement mechanisms, and preempts state laws on the same subject, taking effect 90 days after enactment.

Sec. 2, Definitions: Defines a child as under 13, a teen as 13 to under 17, and a covered platform as a website, app, or online service that is publicly available, allows searchable user identifiers, predominantly hosts user-generated content, uses design features to promote engagement, and uses personal information for advertising or content recommendations. Design features include infinite scrolling, auto play, rewards, notifications, badges, and appearance-altering filters. Know means actual knowledge or willful disregard. Personal information and verifiable parental consent are defined by the Children's Online Privacy Protection Act.

Sec. 3, Market research: Prohibits covered platforms from conducting market or product-focused research on a child user or visitor they know is a child. For teens, such research is prohibited unless the platform obtains verifiable parental consent. The section does not limit processing personal information solely for measuring advertising or content performance, reach, or frequency.

Sec. 4, Enforcement: The Federal Trade Commission enforces violations as unfair or deceptive acts or practices under the FTC Act, with the same penalties and powers. State attorneys general may bring civil actions in state or federal court to enjoin violations, enforce compliance, obtain damages or restitution, and seek other relief, after notifying the FTC. The FTC may intervene, and states cannot sue while a federal action is pending against the same defendant for the same violations.

Sec. 5, Rules of construction: The Act does not limit or impair the Children's Online Privacy Protection Act or any rule under it, nor authorize any action conflicting with FTC Act section 18(h).

Sec. 6, Relationship to state laws: No state or local government may enforce any law relating to the provisions of this Act.

Sec. 7, Effective date: The Act takes effect 90 days after enactment.