SB 201

Bill Subjects

Children And Minors; Generally State Elected Officials; Attorney General Technology; Computers, Cell Phones, And Devices Technology; Cyber Security, Data Privacy, And Identity Theft

Abstract

Requires the manufacturer of a mobile smart device that incorporates an adult content filter and that is sold in Indiana after January 1, 2025, to configure the operating system of the mobile smart device: (1) such that the adult content filter is enabled upon activation of the mobile smart device; and (2) in a manner that reasonably ensures that a minor cannot disable the adult content filter. Provides that a manufacturer of mobile smart devices commits a deceptive consumer sale that is actionable by the attorney general for each sale in Indiana of a noncompliant mobile smart device manufactured by the manufacturer. Requires a social media provider (provider) that receives a request for creation of an account with the provider's social media service to: (1) determine the age of the individual requesting creation of the account; (2) if the provider determines that the individual is a minor, create the account only if the provider receives written consent to creation of the account from the minor's parent, guardian, or custodian; and (3) if the provider creates an account for the individual, electronically provide specified information to the minor's parent, guardian, or custodian. Provides that a provider has a duty of care to a user of the provider's social media service that the provider knows, or reasonably should know, is a minor and shall: (1) implement reasonable measures in the design and operation of the features of the provider's social media service to mitigate the possibility of a minor's use of the social media service resulting in, or increasing the likelihood of, the minor experiencing specified harms; (2) configure the account of a minor in a specified manner; (3) provide a minor user with access to specified features of the social media service only upon affirmative activation of the feature by the user; (4) provide a means for a minor user's parent, guardian, or custodian to: (A) modify specified settings of the minor's account; and (B) access specified information regarding the minor's account; and (5) provide a minor user with an easily understandable and readily available means of deleting the minor's account and any information associated with the minor's account. Prohibits a provider from disclosing personal information of a registered user of the social media service that the provider knows, or reasonably should know, is a minor. Provides that a provider that knowingly and intentionally violates these regulations commits a deceptive act that is actionable by the attorney general.