ASK Act

II 118TH CONGRESS 1ST SESSION S. 1626 To require the Federal Communications Commission, in consultation with the Federal Trade Commission, to issue rules prohibiting entities from offering minor consumers artificial intelligence features in the products of those entities without parental consent, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 16, 2023 Mr. SCOTT of Florida introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Communications Commission, in con- sultation with the Federal Trade Commission, to issue rules prohibiting entities from offering minor consumers artificial intelligence features in the products of those entities without parental consent, 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 ‘‘AI Shield for Kids 4 Act’’ or the ‘‘ASK Act’’. 5 SEC. 2. ISSUANCE OF RULES. 6 (a) DEFINITIONS.—In this section: 7 VerDate Sep 11 2014 23:20 May 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1626.IS S1626 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1626 IS (1) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar- 1 tificial intelligence’’ has the meaning given the term 2 in section 238(g) of the John S. McCain National 3 Defense Authorization Act for Fiscal Year 2019 (10 4 U.S.C. 2358 note). 5 (2) MINOR.—The term ‘‘minor’’ means an indi- 6 vidual who is younger than 18 years of age. 7 (3) PRODUCT.—The term ‘‘product’’ includes a 8 program, service, application, or other product. 9 (4) USER.—The term ‘‘user’’ means an indi- 10 vidual who is a user or customer with respect to a 11 product offered or operated by an entity. 12 (b) ISSUANCE OF RULES.—Not later than 180 days 13 after the date of enactment of this Act, the Federal Com- 14 munications Commission, in consultation with the Federal 15 Trade Commission, shall issue rules that provide that, 16 with respect to any product offered or operated by an enti- 17 ty— 18 (1) the entity may not offer to a minor user of 19 the product any artificial intelligence feature, includ- 20 ing an artificial intelligence chat feature, as part of 21 the product unless a parent or guardian of the 22 minor user affirmatively grants consent to accept 23 that artificial intelligence feature on behalf of the 24 minor user; 25 VerDate Sep 11 2014 23:20 May 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1626.IS S1626 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1626 IS (2) after granting consent under paragraph (1), 1 a parent or guardian of the applicable minor user 2 may revoke that consent at any time; and 3 (3) with respect to the revocation of consent 4 under paragraph (2), the entity may not charge the 5 parent or guardian revoking consent a fee for the re- 6 moval by the entity of the applicable artificial intel- 7 ligence feature. 8 (c) VIOLATIONS.—A violation of a rule issued under 9 subsection (b) shall be considered to be a violation of the 10 Communications Act of 1934 (47 U.S.C. 151 et seq.) or 11 a rule issued under that Act. 12 Æ VerDate Sep 11 2014 23:20 May 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1626.IS S1626 pbinns on DSKJLVW7X2PROD with $$_JOB