H-8062

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

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WICHTENDAHL of Linn