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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1638*
HOUSE BILL 1638
I3 6lr3720
By: Delegate McComas
Introduced and read first time: February 25, 2026
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Consumer Protection – Covered Platforms – Protection of Minors 2
(Kids Online Protection and Antigrooming Act) 3
FOR the purpose of requiring a certain owner or operator of a certain covered platform to 4
take reasonable measures to prioritize account privacy and establish certain default 5
settings; requiring a covered provider to allow the parent or legal guardian of a minor 6
to take certain actions regarding the minor’s account on the covered platform; 7
authorizing the Attorney General to enforce the provisions of this Act and requiring 8
the Attorney General to provide certain notice before bringing an enforcement action; 9
authorizing a covered platform’s owner or operator to cure a violation of this Act; and 10
generally relating to the protection of minors on the Internet. 11
BY adding to 12
Article – Commercial Law 13
Section 14–5101 through 14 –5106 to be under the new subtitle “Subtitle 51. Kids 14
Online Protection and Antigrooming Act” 15
Annotated Code of Maryland 16
(2025 Replacement Volume) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Commercial Law 20
SUBTITLE 51. KIDS ONLINE PROTECTION AND ANTIGROOMING ACT. 21
14–5101. 22
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24
2 HOUSE BILL 1638
(B) “CONNECT” MEANS THE ASSOCIATIO N, LINKING, OR INTERACTION OF 1
ACCOUNTS ON A COVERED PLATFORM, INCLUDING BY SUBSCRIBING OR FRIENDING. 2
(C) (1) “COVERED PLATFORM ” MEANS AN ONLINE PLATFORM, ONLINE 3
VIDEO GAME , MESSAGING APPLICATIO N, OR VIDEO STREAMING S ERVICE THAT 4
ACCESSES THE INTERNET. 5
(2) “COVERED PLATFORM” DOES NOT INCLUDE: 6
(I) AN ENTITY ACTING IN THE ENTITY’S CAPACITY AS: 7
1. A COMMON CARRIER SERVI CE PROVIDER, SUBJECT 8
TO THE FEDERAL COMMUNICATIONS ACT OF 1934; 9
2. AN E–MAIL SERVICE PROVIDER; 10
3. A TELECONFERENCING OR VIDEO CONFERENCING 11
SERVICE THAT ALLOWS FOR THE RECEPTION AN D TRANSMISSION OF REAL–TIME 12
COMMUNICATION BY AUDIO OR VIDEO SIGNALS, IF: 13
A. THE SERVICE IS NOT AN ONLINE PLATFORM; AND 14
B. THE REAL–TIME COMMUNICATION IS INITIATED BY A 15
UNIQUE LINK OR IDENTIFIER THAT FACILITATES ACCESS; AND 16
4. A WIRELESS MESSAGING SERVICE WHERE A MESSAGE 17
IS TRANSMITTED FROM A SENDER TO A RECIPIENT, INCLUDING A SHORT MESSAGING 18
SERVICE OR MULTIMEDIA MESSAGING SERVICE THAT: 19
A. IS NOT A COMPONENT OF OR LINKED TO AN ONLI NE 20
PLATFORM; AND 21
B. EXCLUSIVELY DIRECTLY TRANSMITS TEXT 22
MESSAGES, PHOTOS, OR VIDEO BY ELECTRONIC MEANS; 23
(II) AN ENTITY PROVIDING B ROADBAND INTERNET ACCESS 24
SERVICE, AS DEFINED IN 47 C.F.R. 54.400; OR 25
(III) A PLATFORM THAT PRIMAR ILY PROVIDES CAREER 26
NETWORKING AND PROFESSIONAL DEVELOPMENT OPPORTUNITIES. 27
HOUSE BILL 1638 3
(D) (1) “MICROTRANSACTION” MEANS THE PURCHASE OR TRANSFER OF 1
VIRTUAL CURRENCY ON A COVERED PLATFORM. 2
(2) “MICROTRANSACTION” INCLUDES A PURCHASE MADE: 3
(I) IN AN ONLINE VIDEO GA ME THAT INVOLVES SUR PRISE 4
MECHANICS, NEW CHARACTERS, OR OTHER IN–GAME ITEMS; AND 5
(II) USING VIRTUAL CURRENC Y THAT IS ABLE TO BE 6
PURCHASED OR REDEEMED USING CASH OR CREDIT AND IS INCLUDED AS A PART OF 7
A PAID SUBSCRIPTION SERVICE. 8
(3) “MICROTRANSACTION” DOES NOT INCLUDE A PURCHASE MADE IN 9
AN ONLINE VIDEO GAME USING A VIRTUAL CURRENCY THAT IS: 10
(I) EARNED THROUGH GAME PLAY; AND 11
(II) NOT OTHERWISE PURCHAS ABLE OR REDEEMABLE USING 12
CASH OR CREDIT OR INCLUDED AS PART OF A PAID SUBSCRIPTION SERVICE. 13
(E) “MINOR” MEANS AN INDIVIDUAL WHO: 14
(1) RESIDES IN THE STATE; 15
(2) IS UNDER THE AGE OF 17 YEARS; AND 16
(3) IS NOT EMANCIPATED OR MARRIED. 17
(F) (1) “ONLINE PLATFORM ” MEANS A PUBLIC WEBSI TE, AN ONLINE 18
SERVICE, AN ONLINE APPLICATION, OR A MOBILE APPLICATION T HAT PRIMARILY 19
PROVIDES A COMMUNITY FORUM FROM USER–GENERATED CONTENT. 20
(2) “ONLINE PLATFORM” INCLUDES: 21
(I) A SOCIAL MEDIA SERVICE; 22
(II) A SOCIAL NETWORK; AND 23
(III) A VIRTUAL REALITY ENVIRONMENT. 24
(3) “ONLINE PLATFORM” DOES NOT INCLUDE A WEBSITE, AN ONLINE 25
SERVICE, AN ONLINE APPLICATION , OR A MOBILE APPLICATION T HAT INCLUDES 26
CHAT, COMMENT, OR OTHER INTERACTIVE FUNCTIONS THAT ARE INCIDENTAL TO 27
4 HOUSE BILL 1638
THE PREDOMINANT PURPOSE OF THE WEBSITE , ONLINE SERVICE , ONLINE 1
APPLICATION, OR MOBILE APPLICATION. 2
(G) “ONLINE VIDEO GAME ” MEANS A VIDEO GAME T HAT ACCESSES THE 3
INTERNET AND ALLOWS THE USER TO: 4
(1) CREATE AND UPLOAD CON TENT THAT IS NOT INCIDENTAL TO 5
GAME PLAY; 6
(2) ENGAGE IN MICROTRANSACTIONS; AND 7
(3) COMMUNICATE WITH OTHER USERS. 8
(H) (1) “PRECISE GEOLOCATION ” MEANS GEOGRAPHIC INFORMATION 9
OBTAINED FROM TECHNOLOGY, INCLUDING GLOBAL POS ITIONING SYSTEM LEVE L 10
LATITUDE AND LONGITUDE COORDINATES, THAT IDENTIFIES THE LOCATION OF AN 11
INDIVIDUAL WITHIN 1,750 FEET OF THE INDIVIDU AL, WITH PRECISION AND 12
ACCURACY. 13
(2) “PRECISE GEOLOCATION” DOES NOT INCLUDE T HE CONTENT OF 14
COMMUNICATIONS BETWEEN ACCOUNTS. 15
(I) “SEXUALLY EXPLICIT MATERIAL” MEANS ANY MATERIAL THAT DEPICTS: 16
(1) SEXUAL INTERCOURSE; 17
(2) BESTIALITY; 18
(3) MASTURBATION; 19
(4) SADISTIC OR MASOCHISTIC ABUSE; OR 20
(5) THE EXHIBITION OF A PERSON’S GENITALS OR PUBIC AREA. 21
14–5102. 22
(A) THIS SUBTITLE APPLIES ONLY IF: 23
(1) A MINOR USES A COVERED PLATFORM; AND 24
(2) THE COVERED PLATFORM REA SONABLY BELIEVES OR HAS 25
ACTUAL KNOWLEDGE THAT THE ACCOUNT HOLDER IS A MINOR. 26
HOUSE BILL 1638 5
(B) THIS SUBTITLE DOES NOT APPLY TO: 1
(1) A NONPROFIT ORGANIZATION; 2
(2) A SCHOOL, INCLUDING A CHILD CARE CENTER , A PUBLIC OR 3
PRIVATE PRIMARY OR S ECONDARY SCHOOL, AN INSTITUTION OF HI GHER 4
EDUCATION, OR AN INSTITUTION OF POSTSECONDARY EDUCATION; 5
(3) A PUBLIC LIBRARY; 6
(4) A NEWS WEBSITE OR APPL ICATION THAT INCLUDE S VIDEOS , 7
IMAGES, OR OTHER VIDEO CONTENT ON THE NEWS WEBSITE OR APPLICATION THAT 8
IS RELATED PRIMARILY TO THE NEWS WEBSITE ’S OR APPLICATION’S GATHERING, 9
REPORTING, OR PUBLISHING OF NEWS CONTENT, IF THE NEWS WEBSITE OR 10
APPLICATION IS NOT OTHERWISE AN ONLINE PLATFORM; 11
(5) A SPORTS WEBSITE OR AP PLICATION THAT INCLU DES VIDEOS , 12
IMAGES, OR OTHER VIDEO CONTENT ON THE SPORTS WEBSITE OR APPLICATI ON 13
THAT IS RELATED PRIM ARILY TO THE SPORTS WEBSITE’S OR APPLICATION ’S 14
GATHERING, REPORTING, OR PUBLISHING OF SPORTS CONTENT , IF THE SPORTS 15
WEBSITE OR APPLICATION IS NOT OTHERWISE AN ONLINE PLATFORM; 16
(6) A PRODUCT OR SERVICE T HAT FUNCTIONS PRIMAR ILY AS 17
BUSINESS–TO–BUSINESS SOFTWARE, INCLUDING CLOUD ST ORAGE, FILE SHARING, 18
OR A FILE COLLABORATION SERVICE; 19
(7) A VIRTUAL PRIVATE NETWORK OR SIMILAR SERVICE THAT EXISTS 20
PRIMARILY TO ROUTE INTERNET TRAFFIC BETWEEN LOCATIONS; 21
(8) A FEDERAL, STATE, OR LOCAL GOVERNMENT INTERNET DOMAIN; 22
OR 23
(9) A VIDEO STR EAMING SERVICE THAT CONSISTS PRIMARILY OF 24
ENTERTAINMENT OR OTHER CONTENT THAT: 25
(I) IS NOT USER–GENERATED OR USER–UPLOADED; 26
(II) IS PRESELECTED BY THE VIDEO STREAMING SERV ICE 27
PROVIDER; AND 28
(III) REQUIRES USERS TO REG ISTER WITH A METHOD OF 29
PAYMENT OR DOES NOT PERMIT USERS TO INTERACT SOCIALLY WITH OTHER USERS. 30
6 HOUSE BILL 1638
14–5103. 1
(A) A PERSON WHO OWNS OR OPERATES A COVERED PLATFORM USED BY A 2
MINOR SHALL: 3
(1) TAKE REASONABLE MEASU RES IN OPERATING THE COVERED 4
PLATFORM TO PRIORITIZE ACCOUNT PRIVACY; AND 5
(2) ESTABLISH DEFAULT SAFETY SETTINGS THAT: 6
(I) PROHIBIT AN ADULT FRO M CONNECTING WITH A MI NOR 7
WITHOUT THE EXPRESS CONSENT OF THE PARENT OR LEG AL GUARDIAN OF THE 8
MINOR; 9
(II) PROHIBIT AN ADULT NOT CONNECTED TO THE MINOR FROM 10
MESSAGING THE MINOR ON THE COVERED PLATFORM; 11
(III) PROHIBIT THE DISCLOSURE OR SHARING OF THE PRECISE 12
GEOLOCATION OF A MINOR WITHOUT THE EXPRESS PERMISSION OF THE PARENT OR 13
LEGAL GUARDIAN OF THE MINOR TO ANY INDIVIDUAL WHO IS NOT: 14
1. THE PARENT OR LEGAL GUARDIAN OF THE MINOR; OR 15
2. A REPRESENTATIVE OF A LAW ENFORCEMENT 16
AGENCY AUTHORIZED UNDER LAW TO RECEIVE THE P RECISE GEOLOCATION OF A 17
MINOR; 18
(IV) RESTRICT THE ACCOUNT VISIBILITY OF A MINOR , 19
INCLUDING CONNECTED ACCOUNTS, TO ONLY ACCOUNTS CONNECTED TO THE 20
MINOR; AND 21
(V) ALLOW THE PARENT OR LEGAL GUARDIAN OF A MINOR TO 22
DECIDE TO BE INFORMED WITHI N A REASONABLE TIME , BY THE COVERED 23
PLATFORM’S PARENTAL CONTROL I NTERFACE OR BY TEXT, VOICE MESSAGE, OR 24
E–MAIL TO THE PARENT’S OR LEGAL GUARDIAN’S ACCOUNT, IF: 25
1. THE MINOR IS EXPOSED TO SEXUALLY EXPLICIT 26
MATERIAL ON THE COVERED PLATFORM; OR 27
2. THE MINOR CONNECTS TO AN OTHER USER ON THE 28
COVERED PLATFORM. 29
HOUSE BILL 1638 7
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS 1
SUBSECTION, A COVERED PLATFORM USED BY A MINOR SHALL ALLOW THE PARENT 2
OR LEGAL GUARDIAN OF THE MINOR TO: 3
(I) USE TOOLS OR FEATURES TO MANAGE ACCOUNT SETTINGS; 4
(II) VIEW CONNECTIONS AND BLOCKED ACCOUNTS; 5
(III) APPROVE OR BLOCK ACCOUNTS ATTEMPTING TO CONNECT 6
WITH THE MINOR; 7
(IV) PROHIBIT OR LIMIT THE ABILITY OF THE MINOR TO ENGAGE 8
IN MICROTRANSACTIONS; AND 9
(V) BLOCK THE ABILITY OF THE MINOR TO RECEIVE OR SHARE 10
SEXUALLY EXPLICIT MATERIAL THROUGH MESSAGES. 11
(2) THE PARENT OR LEGAL GUARDIAN OF A MINOR MAY OPT OUT OF 12
PROTECTIONS UNDER TH IS SUBTITLE IF THE P ARENT OR LEGAL GUARD IAN 13
PROVIDES EXPRESS CONSENT TO THE COVERED PLATFORM. 14
(3) THE ITEMS DESCRIBED I N PARAGRAPH (1) OF THIS SUBSECTION 15
MAY BE MODIFIED ONLY BY A PARENT OR LEGAL GUARDIAN WHOSE ACCOUNT IS 16
LINKED TO THE MINOR’S ACCOUNT THROUGH THE PARENTAL SUPERVISION TOOLS 17
OF THE COVERED PLATFORM. 18
14–5104. 19
THE OWNER OR OPERATOR OF A COVERED PLATFORM T HAT VIOLATES THIS 20
SUBTITLE IS SUBJECT TO A CIVIL PENALTY N OT EXCEEDING $10,000 FOR EACH 21
VIOLATION. 22
14–5105. 23
(A) THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENJOIN ANY ACTS 24
IN VIOLATION OF THIS SUBTITLE AND TO RECOVER CIVIL PENALTIES AUTHORIZED 25
UNDER § 14–5104 OF THIS SUBTITLE. 26
(B) (1) BEFORE INITIATING AN ACTION UNDER SUBSECTION (A) OF THIS 27
SECTION, THE ATTORNEY GENERAL SHALL ISSUE A WRITTEN NOTICE OF VIOLATION 28
TO THE OWNER OR OPERATOR OF THE COVERED PLATFORM: 29
(I) IDENTIFYING EACH ALLEGED VIOLATION; AND 30
8 HOUSE BILL 1638
(II) EXPLAINING THE BASIS FOR EACH ALLEGATION. 1
(2) THE OWNER OR OPERATOR OF A COVERED PLATFOR M SHALL 2
HAVE 45 DAYS TO CURE A VIOLATION AFTER RECE IPT OF THE WRITTEN NOTIC E 3
DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION. 4
(3) THE OWNER OR OPERATOR OF A COVERED PLATFORM MAY CURE 5
AN ALLEGED VIOLATION OF THIS SUBTITLE BY PROVIDING TO THE ATTORNEY 6
GENERAL WRITTEN PROOF INDICATING THAT THE VIOLATION HAS BEEN CURED AND 7
NO FURTHER VIOLATIONS WILL OCCUR. 8
(C) THE ATTORNEY GENERAL MAY BRING AN ENFORCEMENT ACTION 9
AGAINST AN OWNER OR OPERATOR IF THE OWNER OR OPERATOR: 10
(1) FAILS TO CURE A VIOLATION WITHIN 45 DAYS AFTER RECEIVING 11
THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (B)(1) OF THIS SECTION; OR 12
(2) COMMITS ANOTHER VIOL ATION OF THIS SUBTIT LE AFTER 13
PROVIDING WRITTEN PROOF OF A CURE DESCRIBED IN SUBSECTION (B)(3) OF THIS 14
SECTION. 15
(D) IN ANY ACTION BROUGHT BY THE ATTORNEY GENERAL UNDER THE 16
PROVISIONS OF THIS S UBTITLE, THE ATTORNEY GENERAL IS ENTITLED T O 17
RECOVER THE COSTS OF THE ACTION. 18
(E) CIVIL PENALTIES COLLECTED UNDER THIS SUBTITLE SHALL BE USED 19
FOR CONSUMER EDUCATION A ND THE PROMOTION AND ENFORCEMENT OF 20
CONSUMER PROTECTION IN THE STATE. 21
14–5106. 22
THIS SUBTITLE MAY BE CITED AS THE KIDS ONLINE PROTECTION AND 23
ANTIGROOMING ACT. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 25
1, 2026. 26