16 & Up Social Media Act

The "16 & Up Social Media Act" establishes a prohibition on certain online platforms from allowing individuals under the age of 16, designated as covered users, to create or maintain accounts. A covered platform is defined as a publicly available internet service that enables searchable usernames, primarily facilitates the sharing of user-generated content, employs design features to promote user engagement, and utilizes personal information for advertising or content recommendations. These design features include elements like infinite scrolling, autoplay, rewards, notifications, and personalized recommendation systems.

The bill mandates that covered platforms identify and terminate existing accounts of known covered users within specified timelines, requiring notification before termination. Upon account termination, platforms must immediately delete all personal data collected from the user, while also providing a 90-day window for users to request a copy of their data in a readable and portable format. Furthermore, platforms must establish an accessible review process for users to appeal age determinations, ensuring that any personal data collected for this purpose is strictly limited to age verification and not retained or used otherwise.

Enforcement of this Act falls under the purview of the Federal Trade Commission, treating violations as unfair or deceptive acts under existing law. States are also empowered to bring civil actions to address violations affecting their residents, though federal actions take precedence. Importantly, the Act preempts conflicting state laws but explicitly allows states to enact or enforce regulations that offer greater protection to covered users than the federal standard.