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PRINTER'S NO. 2129
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1729
Session of
2025
INTRODUCED BY GUZMAN, WEBSTER, KAZEEM, GIRAL, RIVERA, HADDOCK,
OTTEN AND D. WILLIAMS, JULY 14, 2025
REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
JULY 14, 2025
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in miscellaneous offenses, providing
for children's online safety.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 63A
CHILDREN'S ONLINE SAFETY
Sec.
63A01. Scope of chapter.
63A02. Definitions.
63A03. Privacy by default.
63A04. Parental approvals.
63A05. Prohibition on dark patterns.
63A06. Nondiscrimination.
63A07. Limited liability.
63A08. Rulemaking authority.
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63A09. Civil actions.
§ 63A01. Scope of chapter.
This chapter relates to protections for children under 18
years of age who use websites, applications and online services.
§ 63A02. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Connected." When a covered minor or a covered minor's
parent has previously approved a connection with another user in
which the other user may privately contact the covered minor.
"Covered minor." A user who is determined by an operator,
via one or more commercially reasonable age verification
methods, to be under 18 years of age.
"Covered platform." A public or semipublic Internet website,
online service, online application or mobile application that:
(1) Is used by a covered minor in this Commonwealth.
(2) Allows users to construct a public or semipublic
profile for the purposes of using the website, service or
application.
(3) Allows users to create or post content that is
viewable by other users, including on message boards, in chat
rooms or through a landing page or main feed that presents
the user with content generated by other users.
(4) Allows users to privately message each other as a
significant part of the provision of the website, service or
application.
"Financial transaction." A transaction between users
involving any type of currency, including virtual currency, used
within a covered platform, whether or not the currency can be
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converted to fiat money.
"Operator." A person, business or other legal entity who
operates or provides a covered platform.
"Parent." A parent or legal guardian.
"Tag." To identify a second user in posted content in a
manner that links to the second user's profile.
"User." A user of a covered platform not acting as an
operator, or agent or affiliate of an operator, of the covered
platform or any portion of the covered platform.
§ 63A03. Privacy by default.
(a) Required age verification.--An operator shall not offer
a covered platform without conducting commercially reasonable
age verification to determine whether a user is a covered minor.
(b ) Required default settings.--For all users determined
under a commercially reasonable age verification method by an
operator to be a covered minor, the operator shall utilize the
following settings by default for covered minors, which shall
ensure that no user who is not already connected to a covered
minor may:
(1) communicate directly and privately with the covered
minor;
(2) view the profile of the covered minor;
(3) tag the covered minor in posted content; or
(4) engage in a financial transaction with the covered
minor.
(c) Parental discretion.--A parent of a covered minor may
override the default privacy settings provided in subsection (b)
at the parent's discretion.
(d) Notification.--An operator shall notify a parent of a
covered minor whenever the covered minor attempts to change the
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default settings provided in subsection (b). The parent may
approve or deny the request to change the settings for the
covered minor.
§ 63A04. Parental approvals.
(a) New connections.--For a user determined under a
commercially reasonable age verification method by an operator
to be a covered minor under 13 years of age, an operator shall
require the parent of the covered minor to approve all new
connections with the covered minor before the covered minor's
and the other user's accounts are connected.
(b) Parental access.--For a covered minor under 13 years of
age, an operator shall also establish a mechanism by which a
parent of the covered minor may easily view the list of all
users currently connected with the account of the covered minor.
(c) Financial transactions.--For a user determined under a
commercially reasonable age verification method by an operator
to be a covered minor, the operator shall require a parent to
approve all financial transactions relating to the covered
minor's account and establish a mechanism by which a parent of a
covered minor may easily view a history of all financial
transactions relating to a covered minor's account at any time.
§ 63A05. Prohibition on dark patterns.
It shall be unlawful for a covered platform to deploy any
mechanism or design which intentionally inhibits the purpose of
this chapter, subverts user or parent choice or autonomy or
renders it more difficult for a user or parent to exercise any
of the prescribed rights or privileges provided in this chapter.
§ 63A06. Nondiscrimination.
An operator shall not withhold, degrade, lower the quality of
or increase the price of a product, service or feature of a
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covered platform, other than as necessary for compliance with
this chapter or any rules or regulations promulgated under this
chapter, to a user due to the operator being required to
establish the settings and approvals in this chapter.
§ 63A07. Limited liability.
Nothing in this chapter shall be construed to impose
liability for commercial activities or actions by operators
subject to 15 U.S.C. § 6501 (relating to definitions) that is
inconsistent with the treatment of the activities or actions
under 15 U.S.C. § 6502 (relating to regulation of unfair and
deceptive acts and practices in connection with collection and
use of personal information from and about children on the
Internet).
§ 63A08. Rulemaking authority.
(a) Promulgation.--The Attorney General shall promulgate
rules and regulations as necessary to effectuate and enforce the
provisions of this chapter.
(b) Age verification.--The regulations shall provide
identifying methods for commercially reasonable and technically
feasible age verification, which shall consider:
(1) the size, financial resources and technical
capabilities of covered platforms;
(2) the costs and effectiveness of available age
determination techniques for users of the covered platforms;
(3) the audience of the covered platforms; and
(4) prevalent practices of the industry of the operator.
(c) Accuracy verification.--The regulations shall also
identify the appropriate levels of accuracy that would be
considered commercially reasonable and technically feasible for
operators to achieve in determining whether a user is a covered
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minor.
§ 63A09. Civil actions.
(a) Remedies.--The Attorney General shall bring a civil
action to:
(1) enjoin any violation of this chapter;
(2) obtain restitution of money or property obtained
directly or indirectly by any violation;
(3) obtain disgorgement of any profits or gains obtained
directly or indirectly by any violation;
(4) obtain damages caused directly or indirectly by any
violation;
(5) obtain civil penalties of up to $5,000 per
violation; and
(6) obtain any other and further relief as the court may
deem proper, including preliminary relief.
(b) Public website.--The Attorney General shall maintain a
publicly accessible Internet website to receive complaints and
information from members of the public concerning an operator's
or covered platform's alleged compliance or noncompliance with
the provisions of this chapter.
Section 2. This act shall take effect in 60 days.
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