What This Bill Does
This bill requires social media platforms to verify that anyone creating a new account is at least 16 years old. The platforms must use an age verification process that collects specific personal information and government-issued identification. The bill also requires the Federal Trade Commission to regularly audit social media platforms to check if they are following these rules.
Who It Affects
Social media platform operators and companies, the Federal Trade Commission, parents or guardians of children under 16, and individuals creating new accounts on social media platforms.
Key Provisions
• Social media platforms must not allow anyone to create an account unless they are 16 or older, verified through an age verification process that requires the person's full legal name, date of birth, and a scan or image of government-issued identification (Sec. 2(a))
• Platforms cannot sell, transfer or use the personal information collected for age verification for any other purpose (Sec. 2(b))
• Platforms must delete all information collected for age verification purposes within 30 days after an account is deleted (Sec. 2(b))
• The Federal Trade Commission must conduct audits at least every 6 months starting 1 year after the bill becomes law to check if platforms are following the age verification rules (Sec. 3(a))
• Parents or guardians of children under 16 can sue social media companies in court for damages, court orders to stop the violation, and attorney's fees if their child gets an account in violation of this bill (Sec. 4(c))
What Changes
Social media platforms will be required to collect and verify age identification information before allowing new account creation. Existing accounts created before the rule takes effect do not need this verification. The platforms will face regular government audits and potential lawsuits from parents. Companies that fail to comply with age verification rules can be fined and face other penalties enforced by the Federal Trade Commission.
Important Definitions
Social media platform means an electronic medium (like Facebook, Instagram, YouTube or Twitter as they existed in 2023) where users interact with content created by other users, create accounts or profiles, and can generate content viewable by others. A live-chat system or electronic dating service can also be a social media platform.
Large social media platform means a social media platform that has more than 1,000,000 unique users per month or more than 1,000,000 user accounts.
Government-issued identification means a government document proving identity and age, including a passport, visa, birth certificate, driver's license, state identification card, or another document the Federal Trade Commission determines is appropriate.
Effective Date
The age verification requirement begins 6 months after the bill becomes law (Sec. 2(a)(1)).
II
118TH CONGRESS
1ST SESSION
S. 419
To require social media platforms to verify that all individuals who create
an account on the platform are age 16 or older, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 14, 2023
Mr. HAWLEY introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
A BILL
To require social media platforms to verify that all individ-
uals who create an account on the platform are age
16 or older, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Making Age-
4
Verification Technology Uniform, Robust, and Effective
5
Act’’ or the ‘‘MATURE Act’’.
6
SEC. 2. REQUIRING SOCIAL MEDIA PLATFORMS TO VERIFY
7
THAT ACCOUNT HOLDERS ARE OF APPRO-
8
PRIATE AGE.
9
(a) REQUIREMENT.—
10
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(1) IN GENERAL.—Except as provided in sub-
1
section (c), beginning on the date that is 6 months
2
after the date of enactment of this Act, the operator
3
of a social media platform shall not allow an indi-
4
vidual to create an account on the platform unless
5
the individual is age 16 or older, as verified by the
6
platform using an age verification process that
7
meets the requirements specified in paragraph (2).
8
(2) AGE
VERIFICATION
PROCESS
REQUIRE-
9
MENTS.—The requirements specified in this para-
10
graph are, with respect to an age verification process
11
and a social media platform, that the platform re-
12
quire any individual who attempts to create an ac-
13
count on the platform to provide the platform
14
with—
15
(A) the individual’s full legal name;
16
(B) the individual’s date of birth; and
17
(C) a scan, image, or upload of govern-
18
ment-issued identification of the individual that
19
verifies the information required under subpara-
20
graphs (A) and (B).
21
(b)
USE
OF
DATA
COLLECTED
FOR
AGE
22
VERIFICATION PURPOSES; DELETION OF DATA.—
23
(1) IN
GENERAL.—The operator of a social
24
media platform shall not sell, transfer, or use any
25
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•S 419 IS
information collected from an individual for the pur-
1
pose of verifying the individual’s identity and age for
2
any other purpose.
3
(2) DELETION OF DATA.—If an account on a
4
social media platform is deleted (whether at the re-
5
quest of the account holder or otherwise), the oper-
6
ator of the social media platform shall delete any in-
7
formation collected from an individual for the pur-
8
pose of verifying the individual’s identity and age
9
not later than 30 days after the date of such dele-
10
tion.
11
(c) APPLICATION TO EXISTING ACCOUNTS.—The op-
12
erator of a social media platform may continue to allow
13
an individual to maintain and use an account on the plat-
14
form without verifying that the individual is age 16 or
15
older as required under subsection (a) if—
16
(1) the account was created by the individual
17
before the date that is 6 months after the date of
18
enactment of this Act; and
19
(2) no other individual uses the account.
20
SEC. 3. FTC COMPLIANCE AUDITS.
21
(a) IN GENERAL.—Not later than 1 year after the
22
date of enactment of this Act, and not less frequently than
23
every 6 months thereafter, the Commission shall conduct
24
an audit of each large social media platform by comparing
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•S 419 IS
the age verification information associated with a ran-
1
domly selected sample of all accounts created on the plat-
2
form since the last audit was conducted under this section
3
(or, in the case of the first audit conducted under this
4
section, since the date that is 6 months after the date of
5
enactment of this Act) to State and Federal records to
6
confirm that the individuals creating such accounts are
7
age 16 or older.
8
(b) COMPLIANCE STANDARDS.—An operator of a
9
large social media platform shall not be considered to be
10
in violation of the requirements of section 2(a) if—
11
(1) with respect to the first and second audits
12
conducted under this section, the Commission deter-
13
mines that 90 percent of the accounts reviewed
14
under the audit are accurate and in compliance with
15
the requirements of such section;
16
(2) with respect to the third and fourth audits
17
conducted under this section, the Commission deter-
18
mines that 95 percent of the accounts reviewed
19
under the audit are accurate and in compliance with
20
the requirements of such section; and
21
(3) with respect to the fifth audit and any sub-
22
sequent audit conducted under this section, the
23
Commission determines that 100 percent of the ac-
24
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counts reviewed under the audit are accurate and in
1
compliance with the requirements of such section.
2
SEC. 4. ENFORCEMENT.
3
(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.—
4
A violation of section 2 shall be treated as a violation of
5
a rule defining an unfair or deceptive act or practice pre-
6
scribed under section 18(a)(1)(B) of the Federal Trade
7
Commission Act (15 U.S.C. 57a(a)(1)(B)).
8
(b) POWERS OF THE COMMISSION.—
9
(1) IN GENERAL.—The Commission shall en-
10
force section 2 in the same manner, by the same
11
means, and with the same jurisdiction, powers, and
12
duties as though all applicable terms and provisions
13
of the Federal Trade Commission Act (15 U.S.C. 41
14
et seq.) were incorporated into and made a part of
15
this Act.
16
(2) PRIVILEGES AND IMMUNITIES.—Any person
17
who violates section 2 shall be subject to the pen-
18
alties and entitled to the privileges and immunities
19
provided in the Federal Trade Commission Act (15
20
U.S.C. 41 et seq.).
21
(3) EFFECT ON OTHER LAWS.—Nothing in this
22
Act shall be construed to limit the authority of the
23
Commission under any other provision of law.
24
(c) PRIVATE RIGHT OF ACTION.—
25
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(1) IN GENERAL.—Any parent or guardian of
1
an individual less than 16 years of age to whom a
2
social media account is provided in violation of this
3
Act may bring a civil action against the social media
4
company in an appropriate district court of the
5
United States or a State court of competent jurisdic-
6
tion for—
7
(A) injunctive relief;
8
(B) damages; and
9
(C) attorney’s fees and costs.
10
(2) APPLICATION.—Paragraph (1) shall apply
11
to any violation that occurs after the fourth audit
12
described in section 3(b)(2).
13
SEC. 5. DEFINITIONS.
14
In this Act:
15
(1) COMMISSION.—The term ‘‘Commission’’
16
means the Federal Trade Commission.
17
(2) GOVERNMENT-ISSUED
IDENTIFICATION.—
18
The term ‘‘government-issued identification’’ means,
19
with respect to an individual, a government-issued
20
document that demonstrates the individual’s identity
21
and age, including—
22
(A) a passport or visa;
23
(B) a birth certificate;
24
(C) a driver’s license;
25
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(D) an identification card issued by a
1
State; or
2
(E) another document determined appro-
3
priate by the Commission.
4
(3) SOCIAL MEDIA PLATFORM; LARGE SOCIAL
5
MEDIA PLATFORM.—
6
(A) SOCIAL MEDIA PLATFORM.—The term
7
‘‘social media platform’’ means any electronic
8
medium,
such
as
Facebook,
Instagram,
9
YouTube, or Twitter (as such services existed
10
in 2023), a live-chat system, or an electronic
11
dating service that—
12
(i) primarily serves as a medium for
13
users to interact with original content gen-
14
erated by other third-party users of the
15
medium;
16
(ii) enables users to create accounts or
17
profiles specific to the medium or to im-
18
port profiles from another medium; and
19
(iii) enables 1 or more users to gen-
20
erate original content that can be viewed
21
by other third-party users of the medium.
22
(B) LARGE
SOCIAL
MEDIA
PLATFORM.—
23
The term ‘‘large social media platform’’ means
24
a social media platform that—
25
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•S 419 IS
(i) averages more than 1,000,000
1
unique users on a monthly basis; or
2
(ii) has more than 1,000,000 user ac-
3
counts.
4
(C) EXCLUSION.—The term ‘‘social media
5
platform’’ shall not include a platform that only
6
permits users to interact via a predetermined
7
set of phrases, emoticons, or nonlinguistic sym-
8
bols.
9
Æ
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