House
File
2606
H-8062
Amend
House
File
2606
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
NEW
SECTION
.
554J.1
Definitions.
4
For
purposes
of
this
chapter:
5
1.
a.
“Account
holder”
means
an
individual
who
is
at
least
6
eighteen
years
of
age
or
a
parent
or
legal
guardian
of
a
user
7
who
is
under
eighteen
years
of
age.
8
b.
“Account
holder”
does
not
include
a
parent
of
an
9
emancipated
minor
or
a
parent
or
legal
guardian
who
is
not
10
associated
with
a
user’s
device.
11
2.
“Age
bracket
data”
means
nonpersonally
identifiable
12
data
derived
from
a
user’s
birth
date
or
age
for
the
purpose
13
of
sharing
with
developers
of
applications
that
indicates
14
the
user’s
age
range,
including,
at
a
minimum,
all
of
the
15
following:
16
a.
Whether
a
user
is
under
thirteen
years
of
age.
17
b.
Whether
a
user
is
at
least
thirteen
years
of
age
but
18
under
sixteen
years
of
age.
19
c.
Whether
a
user
is
at
least
sixteen
years
of
age
but
under
20
eighteen
years
of
age.
21
d.
Whether
a
user
is
at
least
eighteen
years
of
age.
22
3.
“App”
means
a
software
application
that
may
be
run
or
23
directed
by
a
user
on
a
computer,
a
mobile
device,
or
any
other
24
general
purpose
computing
device
that
can
access
a
covered
app
25
store
or
download
a
software
application.
26
4.
a.
“Covered
app
store”
means
a
publicly
available
27
internet
site,
software
application,
online
service,
or
28
platform
that
distributes
and
facilitates
the
download
of
29
software
applications
from
third-party
developers
to
users
30
of
a
computer,
a
mobile
device,
or
any
other
general
purpose
31
computing
that
can
access
a
covered
application
store
or
can
32
download
an
application.
33
b.
“Covered
app
store”
does
not
mean
an
online
service
34
or
platform
that
distributes
extensions,
plug-ins,
add-ons,
35
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#1.
or
other
software
applications
that
run
exclusively
within
a
1
separate
host
application.
2
5.
“Developer”
means
a
person
that
owns,
maintains,
or
3
controls
an
app.
4
6.
“Minor”
means
an
individual
who
is
under
eighteen
years
5
of
age.
6
7.
“Operating
system
provider”
means
a
person
or
entity
that
7
develops,
licenses,
or
controls
the
operating
system
software
8
on
a
computer,
mobile
device,
or
any
other
general
purpose
9
computing
device.
10
8.
“Signal”
means
age
bracket
data
sent
by
a
real-time
11
secure
application
programming
interface
or
operating
system
12
to
an
app.
13
9.
“User”
means
a
minor
that
is
the
primary
individual
that
14
uses
a
device.
15
Sec.
2.
NEW
SECTION
.
554J.2
Age
bracket
data
requirements.
16
1.
An
operating
system
provider
shall
do
all
of
the
17
following:
18
a.
Provide
an
accessible
interface
at
account
setup
that
19
requires
an
account
holder
to
indicate
the
birth
date,
age,
or
20
both,
of
the
user
of
that
device
for
the
purpose
of
providing
a
21
signal
regarding
the
user’s
age
bracket
data
to
apps
available
22
in
a
covered
app
store.
23
b.
Provide
a
developer
who
has
requested
a
signal
with
24
respect
to
a
particular
user
with
a
digital
signal
via
a
25
reasonably
consistent
real-time
application
programming
26
interface
that
identifies,
at
a
minimum,
the
age
range
of
age
27
bracket
data
to
which
the
user
belongs.
28
c.
Send
only
the
minimum
amount
of
information
necessary
to
29
comply
with
this
chapter.
30
d.
Refrain
from
sharing
digital
signal
information
with
a
31
third
party
for
a
purpose
not
required
by
this
chapter.
32
2.
a.
A
developer
shall
request
a
signal
with
respect
to
a
33
particular
user
from
an
operating
system
provider
or
a
covered
34
app
store
when
the
developer’s
app
is
downloaded
and
launched.
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b.
(1)
A
developer
that
receives
a
signal
under
this
1
section
shall
be
deemed
to
have
actual
knowledge
of
the
age
2
range
of
the
user
to
whom
the
signal
pertains
across
all
3
platforms
of
the
app
and
points
of
access
of
the
app
even
if
the
4
developer
willfully
disregards
the
signal.
5
(2)
A
developer
shall
not
willfully
disregard
internal
6
clear
and
convincing
information
otherwise
available
to
the
7
developer
that
indicates
that
a
user’s
age
is
different
than
8
the
age
bracket
data
indicated
by
a
signal
provided
by
an
9
operating
system
provider
or
a
covered
app
store.
10
c.
(1)
Except
as
provided
in
subparagraph
(2),
a
developer
11
shall
treat
a
signal
received
under
this
section
as
the
primary
12
indicator
of
a
user’s
age
range
for
purposes
of
determining
the
13
user’s
age.
14
(2)
If
a
developer
has
internal
clear
and
convincing
15
information
that
a
user’s
age
is
different
than
the
age
16
indicated
by
a
signal
received
under
this
section,
the
17
developer
shall
use
the
internal
information
as
the
primary
18
indicator
of
the
user’s
age.
19
d.
A
developer
that
receives
a
signal
under
this
section
20
shall
use
that
signal
to
comply
with
applicable
law,
but
shall
21
not
do
any
of
the
following:
22
(1)
Request
more
information
from
an
operating
system
23
provider
or
a
covered
app
store
than
the
minimum
amount
of
24
information
necessary
to
comply
with
this
chapter.
25
(2)
Share
the
signal
with
a
third
party
for
a
purpose
not
26
required
by
this
chapter.
27
Sec.
3.
NEW
SECTION
.
554J.3
Prior
existing
apps
and
28
accounts.
29
1.
With
respect
to
a
device
for
which
account
setup
was
30
completed
prior
to
January
1,
2027,
an
operating
system
31
provider
shall,
before
July
1,
2027,
provide
an
accessible
32
interface
that
allows
an
account
holder
to
indicate
the
birth
33
date,
age,
or
both,
of
the
user
of
that
device
for
the
purpose
34
of
providing
a
signal
regarding
the
user’s
age
bracket
to
apps
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available
in
a
covered
app
store.
1
2.
If
an
app
last
updated
with
updates
on
or
after
January
2
1,
2026,
was
downloaded
to
a
device
before
January
1,
2027,
3
and
the
developer
has
not
requested
a
signal
with
respect
to
4
the
user
of
the
device
on
which
the
app
was
downloaded,
the
5
developer
shall
request
a
signal
from
a
covered
app
store
with
6
respect
to
that
user
before
July
1,
2027.
7
Sec.
4.
NEW
SECTION
.
554J.4
Enforcement.
8
1.
The
attorney
general
shall
implement
and
enforce
this
9
chapter.
10
2.
A
person
that
violates
this
chapter
shall
be
subject
to
11
an
injunction
and
liable
for
a
civil
penalty
of
not
more
than
12
two
thousand
five
hundred
dollars
per
affected
minor
or
seven
13
thousand
five
hundred
dollars
if
the
violation
was
intentional.
14
3.
An
operating
system
provider
or
a
covered
app
store
that
15
makes
a
good
faith
effort
to
comply
with
this
chapter,
taking
16
into
consideration
available
technology
and
any
reasonable
17
technical
limitations
or
outages,
shall
not
be
liable
for
an
18
erroneous
signal
indicating
a
user’s
age
range
or
any
conduct
19
by
a
developer
that
receives
a
signal
indicating
a
user’s
age
20
range.
21
4.
Civil
penalties
collected
under
this
section
shall
be
22
deposited
into
the
general
fund
of
the
state.
23
Sec.
5.
NEW
SECTION
.
554J.5
Interpretation.
24
1.
This
chapter
shall
not
be
construed
to
do
any
of
the
25
following:
26
a.
Modify,
impair,
or
supersede
the
operation
of
any
27
antitrust
law.
28
b.
Require
the
collection
of
additional
personal
information
29
from
device
owners
or
device
users
other
than
what
is
necessary
30
to
comply
with
section
554J.2.
31
c.
Impose
liability
on
an
operating
system
provider,
a
32
covered
app
store,
or
a
developer
for
the
use
of
a
device
or
app
33
by
a
person
who
is
not
the
user
to
whom
a
signal
pertains.
34
2.
An
operating
system
provider
or
a
covered
app
store
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shall
comply
with
this
chapter
in
a
nondiscriminatory
manner,
1
including
but
not
limited
to
complying
with
all
of
the
2
following:
3
a.
Imposing
at
least
the
same
restrictions
and
obligations
4
on
its
own
apps
and
app
distribution
as
the
operating
system
5
provider
or
covered
app
store
does
on
those
from
third-party
6
apps
or
app
distributors.
7
b.
Refraining
from
using
data
collected
from
a
third
party
8
in
the
course
of
complying
with
this
chapter
to
compete
against
9
a
third
party,
give
the
covered
app
store’s
services
preference
10
relative
to
those
of
a
third
party,
or
otherwise
use
the
data
11
or
consent
mechanism
in
an
anticompetitive
manner.
12
3.
This
chapter
shall
not
apply
to
any
of
the
following:
13
a.
A
broadband
internet
access
service.
14
b.
A
telecommunications
service
as
defined
in
47
U.S.C.
15
§153.
16
c.
The
delivery
or
use
of
a
physical
product.
17
Sec.
6.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
18
2027.
>
19
2.
Title
page,
by
striking
lines
1
through
4
and
inserting
20
<
An
Act
relating
to
age
bracket
data
requirements
for
covered
21
app
stores,
developers,
and
operating
system
providers,
and
22
including
effective
date
provisions.
>
23
______________________________
WICHTENDAHL
of
Linn
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#2.