HB2991 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 42, to read:

CHAPTER 42

technology content protection for minors

ARTICLE 1. social media

START_STATUTE44-8041. Definitions

In this article, UNLESS the context otherwise requires:

1. "Account holder" means a resident who opens an account or creates a profile or who is identified by a social media platform by a unique identifier while using or accessing the social media platform when the social media platform knows or has reason to believe the resident is located in this state.

2. "Daily active users" means the number of unique users in the United States who used the SOCIAl media platform at least eighty percent of the days during either:

(a) The previous twelve-month period.

(b) The previous one month period if the SOCIAl media platform did not exist during the previous twelve-month period.

3. "Infinite scrolling" means content that is continuously loading or content that loads as the user scrolls down the webpage without the need to open a separate webpage.

4. "Resident" means a person who lives in this state for more than six months of the year.

5. "Social media platform":

(a) means an online forum, website or application that satisfies each of the following criteria:

(i) Allows a user to upload content or view the content or activity of other users.

(ii) Ten percent or more of the daily active users who are less than sixteen years of age spent on average at least two hours per day on the online forum, website or application on the days when using the online forum, website or application during the previous twelve months or, if the online forum, website or application did not exist during the previous twelve months, during the previous one-month period.

(iii) Employs algorithms that analyze user data or information on users to select content for users.

(iv) Has infinite scrolling or Seamless content or the use of webpages with no visible or apparent end or page breaks, has Push notifications or alerts sent by an online forum, website or application to inform a user about specific activities or events related to the user's account, displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate the users' reactions to content or have shared or reposted the content, has auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video or has live-streaming or has a function that allows a user or advertiser to broadcast live video content in real-time.

(b) Does not include an online service, website or application where the exclusive FUNCTION is email or direct messaging consisting of text, photographs, pictures, images or videos that are shared only between the sender and the recipients and that are not displayed or posted PUBLICLY or to other users that are not specifically identified by the sender as the recipients.END_STATUTE

START_STATUTE44-8042. Account holder contracts; duties; unfair practice; statute of limitations

A. A social media platform may not enter into an account holder contract with a minor who is less than fourteen years of age unless the minor's parent or guardian provides consent for the minor to become an account holder. For the purposes of this subsection, if a social media platform allows an account holder to use the social media platform, the social media platform and the account holder have entered into an account holder contract.

B. A social media platform shall:

1. Terminate any account held by an account holder who is less than fourteen years of age, including accounts that the social media platform treats or categorizes as belonging to an account holder who is probably less than fourteen years of age for the purpose of targeting content or advertising, and provide ninety days for an account holder to dispute the termination. Termination is effective on the expiration of the ninety days if the account holder fails to effectively dispute the termination.

2. Allow an account holder who is less than fourteen years of age to request to terminate the account. Termination is effective within five business days after the request.

3. Allow the confirmed parent or guardian of an account holder who is less than fourteen years of age to request that the account be terminated. Termination is effective within ten business days after the request.

4. Permanently delete all personal information held by the social media platform relating to the terminated account, unless there are legal requirements to maintain the information.

5. Terminate an account held by an account holder who is fourteen or fifteen years of age, including an account that the social media platform treats or categorizes as belonging to an account holder who is probably fourteen or fifteen years of age for the purpose of targeting content or advertising, if the account holder's parent or guardian has not provided consent for the minor to create or maintain the account. An account holder has ninety days after the termination to dispute the termination. The termination is effective on the expiration of the ninety days if the account holder fails to effectively dispute the termination.

6. Allow an account holder who is fourteen or fifteen years of age to request to terminate the account. Termination is effective within five business days after the request.

7. Allow the confirmed parent or guardian of an account holder who is fourteen or fifteen years of age to request that the minor's account be terminated. Termination must be effective within ten business days after the request.

8. Permanently delete all personal information held by the social media platform relating to a terminated account, unless there are legal requirements to maintain the information.

C. A knowing or reckless violation of subsection B, paragraph 2, 3 or 4 of this section is an unlawful practice pursuant to section 44-1522.

D. Notwithstanding any other law, a civil action for a claim under this section must be brought within one year after the date that the complainant knew or reasonably should have known of the violation. END_STATUTE

ARTICLE 2. online age verification

START_STATUTE44-8051. Definitions

In this article, UNLESS the context otherwise requires:

1. "Anonymous age verification" means a commercially reasonable method that is used by a government agency or a business for the purpose of age verification that is conducted by a nongovernmental, independent third party that is organized under the laws of a state of the United States that both:

(a) Has its principal place of business in a state of the United States.

(b) Is not owned or controlled by a company formed in a foreign country, a government of a foreign country or any other entity formed in a foreign country.

2. "Commercial entity" includes a corporation, a limited liability company, a partnership, a limited partnership, a sole proprietorship and any other legally recognized entity.

3. "Distribute" means to issue, sell, give, provide, deliver, transfer, transmit, circulate or disseminate by any means.

4. "Harmful to minors" has the same meaning prescribed in section 13-3501.

5. "Publish" means to communicate or make information available to another person on a publicly available website or application.

6. "Standard age verification" means any commercially reasonable method of age verification that is approved by the commercial entity.

7. "Substantial portion" means more than 33.3 percent of total material on a website or application.END_STATUTE

START_STATUTE44-8052. Material that is harmful to minors; age verification; personal identifying information protection

A commercial entity that knowingly and intentionally publishes or distributes material that is harmful to minors on a website or application, if the website or application contains a substantial portion of material that is harmful to minors shall do all of the following:

1. Use either anonymous age verification or standard age verification to verify that the person attempting to access the material that is harmful to minors is at least eighteen years of age.

2. Prevent access to the material that is harmful to minors by a person who is less than eighteen years of age.

3. Offer anonymous age verification and standard age verification and allow a person attempting to access the material harmful to minors to select which method will be used to verify the person's age.

4. Ensure that a third party conducting anonymous age verification pursuant to this article:

(a) Does not retain personal identifying information used to verify age once the age of an account holder as defined in section 44-8041 or a person seeking an account has been verified.

(b) Does not use personal identifying information that is used to verify age for any other purpose.

(c) Keeps anonymous any personal identifying information used to verify age and does not share or otherwise communicate the information to any person.

(d) Protects personal identifying information used to verify age from unauthorized or illegal access, destruction, use, modification or disclosure through reasonable security procedures and practices appropriate to the nature of the personal information.END_STATUTE