Amendment ID: S3164-13-R1

Redraft Amendment 13

Private by Default Settings Requirement

Messrs. Tarr and Montigny move that the proposed new draft be amended by striking lines 125-155 in their entirety and inserting in place thereof the following:-

“(b)(1) If a covered operator has actual knowledge that a user is a minor, or if a user is determined to be a covered minor pursuant to subsection (a), the covered operator shall enable default social media platform safety settings for the covered minor’s account that shall:  (i) restrict the visibility of the covered minor's profile, digital footprint, and generated content so that they are not visible to the general public;  (ii) disable the visibility or sharing of the covered minor’s precise geolocation data with other users; and  (iii) require the covered minor to actively and affirmatively approve any follower requests or direct message requests from non-connected accounts.  (2) A covered operator shall not permit a covered minor to change the default settings enabled pursuant to clauses (i) and (iii) of paragraph (1) to a less restrictive state unless the operator obtains verifiable parental consent. The default setting required in clause (ii) of paragraph (1) regarding precise geolocation data may only be adjusted with verifiable parental consent and only in a manner that allows sharing with selected individual connected accounts.  (3) The attorney general shall promulgate regulations identifying methods of obtaining verifiable parental consent. Information collected for the purpose of obtaining such verifiable parental consent shall not be used for any purpose other than obtaining verifiable parental consent and shall be deleted immediately after an attempt to obtain verifiable parental consent, except where necessary for compliance with any applicable provisions of state or federal law or regulation.  (4) A covered operator shall not: (i) provide a user with an option to change more than 1 such default setting at once; or (ii) request or prompt a user to change any such default settings, unless the change is necessary for the user to access a service or feature, they have expressly and unambiguously requested.”