Read the full stored bill text
AN ACT Relating to protecting Washington children online; and 1
adding a new chapter to Title 19 RCW. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. The definitions in this section apply 4
throughout this chapter unless the context clearly requires 5
otherwise.6
(1) "Addictive feed" means an internet website, online service, 7
online application, or mobile application, or a portion thereof, in 8
which multiple pieces of media generated or shared by users are, 9
either concurrently or sequentially, recommended, selected, or 10
prioritized for display to a user based, in whole or in part, on 11
information provided by the user, or otherwise associated with the 12
user or the user's device, unless any of the following conditions are 13
met, alone or in combination with one another: 14
(a) The information is not persistently associated with the user 15
or user's device, and does not concern the user's previous 16
interactions with media generated or shared by others;17
(b) The information consists of search terms that are not 18
persistently associated with the user or user's device;19
(c) The information consists of user-selected privacy or 20
accessibility settings, technical information concerning the user's 21
Z-0344.2
HOUSE BILL 1834
State of Washington 69th Legislature 2025 Regular Session
By Representatives Callan, Paul, Berry, Leavitt, Parshley, Barnard,
Hunt, Taylor, Doglio, Gregerson, Ramel, Thai, Shavers, Macri, Zahn,
Eslick, Fosse, Bernbaum, Scott, Pollet, Nance, and Cortes; by request
of Attorney General
Read first time 02/04/25. Referred to Committee on Consumer
Protection & Business.
p. 1 HB 1834
device, or device communications or signals concerning whether the 1
user is a minor; 2
(d) The user expressly and unambiguously requested the specific 3
media or media by the author, creator, or poster of the media, or the 4
blocking, prioritization, or deprioritization of such media, provided 5
that the media is not recommended, selected, or prioritized for 6
display based, in whole or in part, on other information associated 7
with the user or the user's device, except as otherwise permitted by 8
this chapter and, in the case of audio or video content, is not 9
automatically played; 10
(e) The media consists of direct, private communications between 11
users; 12
(f) The media recommended, selected, or prioritized for display 13
is exclusively the next media in a preexisting sequence from the same 14
author, creator, poster, or source and, in the case of audio or video 15
content, is not automatically played; 16
(g) The recommendation, selection, or prioritization of the media 17
is necessary to comply with this chapter. 18
(2)(a) "Addictive internet-based service or application" means an 19
internet website, online service, online application, or mobile 20
application including, but not limited to, a social media platform, 21
that offers users or provides users with an addictive feed as a 22
significant part of the service provided by that internet website, 23
online service, online application, or mobile application.24
(b) "Addictive internet-based service or application" does not 25
apply to: 26
(i) An internet website, online service, online application, or 27
mobile application for which interactions between users are limited 28
to commercial transactions or to consumer reviews of products, 29
sellers, services, events, or places, or any combination thereof; or30
(ii) An internet website, online service, online application, or 31
mobile application that operates a feed for the primary purpose of 32
cloud storage. 33
(3) "Dark pattern" means a user interface designed or manipulated 34
with the substantial effect of subverting or impairing user autonomy, 35
decision making, or choice. 36
(4) "Likely to be accessed by minors" means it is reasonable to 37
expect, based on the following indicators, that the online service, 38
product, or feature would be accessed by minors: 39
p. 2 HB 1834
(a) The online service, product, or feature is directed to 1
children as defined by the children's online privacy protection act 2
(15 U.S.C. Sec. 6501 et seq.); 3
(b) The online service, product, or feature is determined, based 4
on competent and reliable evidence regarding audience composition, to 5
be routinely accessed by a significant number of minors;6
(c) An online service, product, or feature that displays, 7
provides, contains, or sells advertisements marketed to minors;8
(d) An online service, product, or feature that is substantially 9
similar or the same as an online service, product, or feature subject 10
to (b) of this subsection; 11
(e) An online service, product, or feature that has design 12
elements that are known to be of interest to minors including, but 13
not limited to, games, cartoons, music, and celebrities who appeal to 14
minors; 15
(f) A significant amount of the audience of the online service, 16
product, or feature is determined, based on internal company 17
research, to be minors. 18
(5) "Media" means text, audio, an image, or a video.19
(6) "Minor," unless otherwise specified, means an individual 20
under 18 years of age who is located in Washington state.21
(7) "Online service, product, or feature" does not mean any of 22
the following: 23
(a) A broadband internet access service, as defined in RCW 24
19.385.020; 25
(b) A telecommunications service, as defined in 47 U.S.C. Sec. 26
153; 27
(c) The delivery or use of a physical product.28
(8) "Operator" means a person who operates or provides an 29
internet website, an online service, an online application, or a 30
mobile application. 31
(9) "Parent" means a parent or guardian. 32
(10)(a) "Personal information" means information that identifies 33
or is reasonably capable of being associated or linked, directly or 34
indirectly, with a particular individual or individual's household. 35
"Personal information" includes, but is not limited to, data 36
associated with a persistent unique identifier, such as a cookie ID, 37
an IP address, a device identifier, or any other form of persistent 38
unique identifier. 39
p. 3 HB 1834
(b) "Personal information" does not include publicly available 1
information. 2
(11) "Precise location information" has the same meaning as 3
defined in RCW 19.373.010. 4
(12) "Profiling" means any form of automated processing of 5
personal information that uses personal information to evaluate 6
certain aspects relating to an individual, including analyzing or 7
predicting aspects concerning an individual's performance at work, 8
economic situation, health, personal preferences, interests, 9
reliability, behavior, location, or movements. 10
NEW SECTION. Sec. 2. (1) A business that provides an online 11
service, product, or feature likely to be accessed by minors shall 12
estimate the age of minor users with a reasonable level of certainty 13
appropriate to the risks that arise from the data management 14
practices of the business or apply the privacy and data protections 15
afforded to minors, including as required under this chapter, to all 16
consumers or users of the online, service, product, or feature.17
(2) A business that provides an online service, product, or 18
feature likely to be accessed by minors shall not use any personal 19
information collected to estimate age or age range for any other 20
purpose or retain that personal information longer than necessary to 21
estimate age. Age assurance shall be proportionate to the risks and 22
data practice of an online service, product, or feature.23
NEW SECTION. Sec. 3. A business that provides an online 24
service, product, or feature likely to be accessed by minors shall 25
not collect, sell, share, or retain personal information from minors 26
under the age of 13, except for purposes of compliance with the age 27
assurance provisions of section 2 of this act.28
NEW SECTION. Sec. 4. (1) A business that provides an online 29
service, product, or feature likely to be accessed by minors shall 30
take all of the following actions:31
(a) Configure all default privacy settings provided to minors by 32
the online service, product, or feature to settings that offer a high 33
level of privacy, unless the business can demonstrate a compelling 34
reason that a different setting is in the best interests of minors;35
(b) Provide any privacy information, terms of service, policies, 36
and community standards concisely, prominently, and using clear 37
p. 4 HB 1834
language suited to the age of minors likely to access that online 1
service, product, or feature; 2
(c) If the online service, product, or feature allows the minor's 3
parent, guardian, or any other individual or entity to monitor the 4
minor's online activity or track the minor's location, provide an 5
obvious signal to the minor when the minor is being monitored or 6
tracked; 7
(d) Enforce published terms, policies, and community standards 8
established by the business including, but not limited to, privacy 9
policies and those concerning minors; 10
(e) Provide prominent, accessible, and responsive tools to help 11
minors, or if applicable their parents or guardians, exercise their 12
privacy rights and report concerns. 13
(2) A business that provides an online service, product, or 14
feature likely to be accessed by minors shall not take any of the 15
following actions: 16
(a) Use the personal information of any minor in a way that the 17
business knows, or has reason to know, is materially detrimental to 18
the physical health, mental health, or well-being of a minor;19
(b) Profile a minor by default unless both of the following 20
criteria are met: 21
(i) The business can demonstrate it has appropriate safeguards in 22
place to protect minors; and 23
(ii) One of the following is true: 24
(A) Profiling is necessary to provide the online service, 25
product, or feature requested and only with respect to the aspects of 26
the online service, product, or feature with which the minor is 27
actively and knowingly engaged; 28
(B) The business can demonstrate a compelling reason that 29
profiling is in the best interests of minors; 30
(c) Collect, sell, share, or retain any personal information that 31
is not necessary to provide an online service, product, or feature 32
with which a minor is actively and knowingly engaged;33
(d) If the end user is a minor, use personal information for any 34
reason other than a reason for which that personal information was 35
collected, unless the business can demonstrate a compelling reason 36
that use of the personal information is in the best interests of 37
minors; 38
(e) Collect, sell, or share any precise location information of 39
minors by default unless the collection of that precise location 40
p. 5 HB 1834
information is strictly necessary for the business to provide the 1
service, product, or feature requested and then only for the limited 2
time that the collection of precise location information is necessary 3
to provide the service, product, or feature; 4
(f) Collect any precise location information of a minor without 5
providing an obvious sign to the minor for the duration of that 6
collection that precise location information is being collected;7
(g) Use dark patterns to lead or encourage minors to provide 8
personal information beyond what is reasonably expected to provide 9
that online service, product, or feature to forego privacy 10
protections, or to take any action that the business knows, or has 11
reason to know, is materially detrimental to the minor's physical 12
health, mental health, or well-being. 13
NEW SECTION. Sec. 5. Nothing in this chapter shall restrict the 14
ability of a business that provides an online service, product, or 15
feature to:16
(1) Comply with Washington state or federal law; or17
(2) Comply with a subpoena, warrant, court order, or other civil 18
or criminal legal process, unless such compliance is otherwise 19
prohibited by Washington state or federal law. 20
NEW SECTION. Sec. 6. It shall be unlawful for the operator of 21
an addictive internet-based service or application to provide an 22
addictive feed to a user unless:23
(1) Prior to January 1, 2026, the operator does not have actual 24
knowledge that the user is a minor; or 25
(2) Commencing January 1, 2026, the operator has reasonably 26
determined that the user is not a minor. 27
NEW SECTION. Sec. 7. (1) Prior to January 1, 2026, it shall be 28
unlawful for a business that provides an online service, product, or 29
feature likely to be accessed by minors, between the hours of 12:00 30
a.m. and 6:00 a.m., in the user's local time zone, and between the 31
hours of 8:00 a.m. and 3:00 p.m., from Monday through Friday from 32
September through May in the user's local time zone, to send 33
notifications to a user if the business has actual knowledge that the 34
user is a minor unless the operator has obtained verifiable parental 35
consent to send those notifications.36
p. 6 HB 1834
(2) Commencing January 1, 2026, it shall be unlawful for a 1
business that provides an online service, product, or feature likely 2
to be accessed by minors, between the hours of 12:00 a.m. and 6:00 3
a.m., in the user's local time zone, and between the hours of 8:00 4
a.m. and 3:00 p.m., from Monday through Friday from September through 5
May in the user's local time zone, to send notifications to a user 6
whom the business has not reasonably determined is not a minor unless 7
the operator has obtained verifiable parental consent to send those 8
notifications. 9
NEW SECTION. Sec. 8. The operator of an addictive internet-10
based service or application shall provide a mechanism through which 11
any user, whether or not they are a minor, may do any of the 12
following:13
(1) Limit their access to any addictive feed from the addictive 14
internet-based service or application to a length of time per day 15
specified by the user; 16
(2) Limit their ability to view the number of likes or other 17
forms of feedback to pieces of media within an addictive feed;18
(3) Require that the default feed provided to the user when 19
entering the internet-based service or application be one in which 20
pieces of media are not recommended, selected, or prioritized for 21
display based on information provided by the user, or otherwise 22
associated with the user or the user's device, other than the user's 23
age or status as a minor; 24
(4) Set their account to private mode, in a manner in which only 25
users to whom the user is connected on the addictive internet-based 26
service or application may view or respond to content posted by the 27
user. 28
NEW SECTION. Sec. 9. This chapter shall not be construed as 29
requiring the operator of an addictive internet-based service or 30
application to give a parent any additional or special access to, or 31
control over, the data or accounts of their minor child.32
NEW SECTION. Sec. 10. Compliance with this chapter by the 33
operator of an addictive internet-based service or application does 34
not serve as a defense to any claim that a minor, or an individual 35
who was a minor at the time of using the internet-based service or 36
application, might have against the operator of an addictive 37
p. 7 HB 1834
internet-based service or application regarding any harm to the 1
mental health or well-being of the minor. 2
NEW SECTION. Sec. 11. The legislature finds that the practices 3
covered by this chapter are matters vitally affecting the public 4
interest for the purpose of applying the consumer protection act, 5
chapter 19.86 RCW. A violation of this chapter is not reasonable in 6
relation to the development and preservation of business, and is an 7
unfair or deceptive act in trade or commerce and an unfair method of 8
competition for the purpose of applying the consumer protection act, 9
chapter 19.86 RCW.10
NEW SECTION. Sec. 12. It is the intent of the legislature that 11
if any provision of this chapter or its application to any person or 12
circumstance is held invalid, the remainder of the chapter or the 13
application of the provision to other persons or circumstances is not 14
affected.15
NEW SECTION. Sec. 13. Sections 1 through 12 of this act 16
constitute a new chapter in Title 19 RCW.17
--- END ---
p. 8 HB 1834