Senator Davis proposes the following amendment (SR-4591.CEM0002S):

Amend the bill, as and if amended, SECTION 2, by striking Section 39-5-910(7), (8), (9), (10), (11), (12), (13), and (14) and inserting:

  (7) "Minor" means a South Carolina resident who is under the age of majority but not including emancipated minors.
  (8)(7) "Notice to a parent" has the meaning established in the Children's Online Privacy Protection Act, 15 U.S.C. Section 6501 and implementing regulations at 16 C.F.R. Part 312.4.
  (9)(8) "Parent" includes any legal guardian of a child who is a South Carolina resident.
  (10)(a)(9)(a) "Personal information" means information about an account holder collected online that comprises "personal information" within the meaning of the Children's Online Privacy Protection Act, 15 U.S.C. Section 6501(8) and implementing regulations, and:
    (i) any record of or derived from online activity or history, search history, or online communications of an account holder with respect to any application, website, or social media platform;
    (ii) any photograph or biometric information that is used or could reasonably be used to identify the account holder including, but not limited to, fingerprints, voiceprints, iris or retina imagery scans, facial templates, and gait imagery or metrics; and
    (iii) any geolocation information associated with an account holder or with a device of an account holder.
   (b) The following do not constitute personal information "Personal information" does not mean:
    (i) an express search term, request, or selection submitted by the account holder during the current session on the covered social media platform;
    (ii) an identifier used solely for the purpose of directing personal communications to or from the account holder; or
    (iii) information that comprises account holder-selected or parent-selected settings relating to privacy, accessibility, or blocking of age-inappropriate content or technical information concerning the account holder's device.
  (11)(10) "Profile-based paid commercial advertising" means paid commercial advertising that has been selected or prioritized for display to an account holder based in whole or in part on personal information of the account holder. Advertising selected for display to an account holder is not profile-based paid commercial advertising if that selection process considers information about or an estimate of the age of the account holder solely for the purpose of excluding advertisements which by law or policy of the covered social media platform are not suitable for presentation to a child of that age.
  (12)(a)(11)(a) "Profile-based feed" means a feed in which the material presented has been selected or prioritized by the covered social media platform for display to an account holder based in whole or in part on personal information of that account holder. Content created by a third party that is displayed to the account holder because the account holder has taken an affirmative step to select the third party's content for inclusion in the feed displayed to the account holder, such as by following, friending, or engaging in a similar action in relation to the third party, and not otherwise selected or prioritized for display to the account holder based on personal information, shall not render such feed a profile-based feed.
   (b) An exclusion by a covered social media platform of certain content from the feed of an account holder based on information about or any estimate of the age of an account holder, solely for the purpose of excluding content which that is obscene as to children aged sixteen or younger or by a policy of the covered social media platform that the content is not suitable for presentation to children of that age, does not render that feed a profile-based feed.
  (13)(12) "Second trigger date" means, with respect to each account holder and each covered social media platform, the date upon which it first becomes true that the account holder has been on the covered social media platform for fifty hours or more within a six-month period following the effective date of this act.
  (14)(13) "Social media platform" means an internet website or application that is open to the public, allows a user to create an account, and enables an account holder to communicate with other users for the primary purpose of posting and viewing information, comments, messages, images, or videos. The term does not include:
   (a) a broadband internet access service as defined by the Federal Communications Commission;
   (b) an online service, website, or application where the exclusive function is the support of communications, including email, video conferencing, or direct messaging consisting of text, photographs, pictures, images, or videos, only between the sender and recipients specifically identified by the sender, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender; or
   (c) an online service, application, or website the content of which consists primarily of information or content that is not generated by the user.

Amend the bill further, SECTION 2, by striking Section 39-5-920(A) and (B) and inserting:

 (A) Within fourteen days of the first trigger date, the covered social media platform must use reasonable means and reasonable efforts, taking into consideration available technology and the data in the possession of the covered social media platform, to estimate the age of the account holder. If the covered social media platform is able to conclude with eighty percent confidence that the account holder is over fifteen years of age, then the covered social media platform may treat the account holder to be other than a child for purposes of this article. Otherwise, the covered social media platform must treat the account holder as a child for purposes of this article.
 (B) Within fourteen days of the second trigger date, the covered social media platform must use reasonable means and reasonable efforts to revise its estimate of the age of the account holder. If the covered social media platform is able to conclude with ninety percent confidence that the account holder is over fifteen years of age, then the covered social media platform may treat the account holder to be other than a child for purposes of this act. Otherwise, the covered social media platform must treat the account holder as a child for purposes of this act.

Amend the bill further, SECTION 2, by striking Section 39-5-920(E) and inserting:

 (E) A covered social media platform has no obligation under this article to estimate the age of an account holder who has had an account with the covered social media platform continuously for at least seven years as of the effective date of this act or to take any action with respect to such account.

Amend the bill further, SECTION 2, by striking Section 39-5-930(B)(1) and inserting:

 (B)(1) An account for a child must have all privacy settings set by default at the most private levels. A covered social media platform may not change the The privacy settings of an account of a child shall not be changed without first obtaining verifiable parental consent for such change for as long as the account holder remains a child.

Amend the bill further, SECTION 2, by striking Section 39-5-940(D) and inserting:

 (D) A covered social media platform shall provide clear, simple, and easy-to-locate means for the parent of any child to request termination of any account of a minorchild.

Amend the bill further, SECTION 2, by striking Section 39-5-950(A) and inserting:

 (A) If a covered social media platform makes a determination that it must terminate an account because the account holder has been classified as a child and verifiable parental consent has not been obtained, then the covered social media platform shall notify the account holder of its intent to terminate the account within seven days of making that determination, and shall provide the reason therefor.

Amend the bill further, SECTION 2, by striking Section 39-5-950(C) and inserting:

 (C) If an account holder disputes his classification as a child, then a covered social media platform may rely on any commercially reasonable age verification process to resolve the dispute.

Amend the bill further, SECTION 2, by striking Section 39-5-970 and inserting:

 Section 39-5-970. If a covered social media platform permits a child to open or continue an account on such platform in the absence of parental consent sufficient for the formation of a binding contract with a minor child under ordinary principles of contract law under the laws of this State, then any purported contract pertaining to such account is void and unenforceable as contrary to public policy including, but not limited to, any arbitration provision, limitation of liability, or limitation of remedies, without regard to whether the covered social media platform had actual or constructive knowledge that the account holder was a child.

Amend the bill further, SECTION 2, by striking Section 39-5-1000 and inserting:

 Section 39-5-1000. A waiver or limitation of any prohibition, limitation, requirement, or right to remedies established by this article, by any minor child or parent, is unlawful, contrary to public policy, void ab initio, and of no effect, and no court or arbitrator may enforce or give effect to any such waiver, notwithstanding any contract or choice-of-law provision in a contract.

Renumber sections to conform.

Amend title to conform.