House File 712 H-1269 Amend House File 712 as follows: 1 1. Page 1, after line 11 by inserting: 2 < ___. “Parent” means a parent, custodian, or guardian or 3 person responsible for a minor. > 4 2. By striking page 1, line 35, through page 2, line 13, and 5 inserting: 6 < ___. a. “Social media platform” means an internet site 7 or application open to the public that facilitates all of the 8 following: 9 (1) The creation of public or semi-public user accounts. 10 (2) User communication with other users for the primary 11 purpose of posting information, comments, messages, or images. 12 (3) Public listing of other users with whom an individual 13 shares a user connection within the system. 14 (4) Creation of or posting of viewable content by other 15 users, including but not limited to message boards, chat rooms, 16 landing pages, or main feeds that present a user with content 17 generated by other users. 18 b. “Social media platform” does not include any of the 19 following: 20 (1) An internet service provider. 21 (2) Electronic mail. 22 (3) An online service, application, or internet site that 23 consists primarily of news, sports, entertainment, e-commerce, 24 or other information or content preselected by the provider 25 that is not user-generated and where interactive functionality 26 is incidental to, directly related to, or dependent on the 27 provision of the content. 28 (4) An internet site or application providing career 29 development opportunities, including professional networking, 30 job skills, learning certifications, and job posting 31 application services. 32 (5) An internet site or application that has the primary 33 purpose of providing access to interactive gaming or virtual 34 gaming, or an online service that allows the creation and 35 -1- HF 712.1835 (3) 90 es/rn 1/ 3 #1. #2.
uploading of content for the purpose of interactive gaming, 1 virtual gaming, or associated entertainment, and communication 2 related to that content. > 3 3. Page 2, before line 14 by inserting: 4 < ___. “Verifiable parental consent” means any reasonable 5 effort by a social media platform to ensure that a parent of a 6 child receives notice of the platform’s personal information, 7 collection, use, and disclosure practices, and authorizes the 8 collection, use, and disclosure, as applicable, of personal 9 information and the subsequent use of that information before 10 that information is collected from the child. > 11 4. Page 2, after line 24 by inserting: 12 < ___. A social media platform may terminate service 13 provided to a child whose parent has refused to give verifiable 14 parental consent. > 15 5. Page 2, before line 25 by inserting: 16 < Sec. ___. NEW SECTION . 554G.3 Consent not required. 17 Verifiable parental consent shall not be required for any of 18 the following: 19 1. Online contact information collected by a social media 20 platform from a child that is used only to respond directly 21 on a one-time basis to a specific request from the child and 22 is not used to recontact the child and is not maintained in 23 retrievable form by the platform. 24 2. A request by a social media platform for the name or 25 online contact information of a parent or child that is used 26 by the platform for the sole purpose of obtaining verifiable 27 parental consent or providing notice under this chapter that is 28 not maintained in a retrievable form. > 29 6. Page 2, line 25, by striking < 554G.3 > and inserting 30 < 554G.4 > 31 7. Page 2, line 30, by striking < 554G.4 > and inserting 32 < 554G.5 > 33 8. Page 3, line 1, by striking < operating > 34 9. By renumbering, redesignating, and correcting internal 35 -2- HF 712.1835 (3) 90 es/rn 2/ 3 #3. #4. #5. #6. #7. #8.
references as necessary. 1 ______________________________ WILLS of Dickinson -3- HF 712.1835 (3) 90 es/rn 3/ 3