H.R. 10207 — GUARDIAN Act

This section defines terms used in the Act. It establishes "covered platform" as a publicly available internet service that enables searchable user identifiers, primarily facilitates user-generated content sharing, employs engagement-promoting design features, and uses personal data for advertising or recommendations. It defines "covered minor" as a user under age 16 (excluding emancipated individuals), "design feature" as elements such as infinite scrolling, autoplay, rewards, notifications, badges, filters, or personalized recommendation systems that increase time spent by covered minors, and "verifiable consent" as a parent's direct notice and unambiguous authorization for the collection, use, and disclosure of a covered minor's personal data.

This section prohibits providers of covered platforms from processing the personal data of covered minors without obtaining verifiable parental consent. It permits age-determination processing only if the provider gives clear notice, uses reasonable security practices, ensures accuracy, safeguards data shared with third parties, and deletes the data promptly. It requires written or electronic confirmation to the parent, allows withdrawal of consent through an equally easy method, mandates account termination and data deletion within 10 days of withdrawal, and requires renewed consent upon material changes to design or data practices or every 24 months.

This section shields providers of covered platforms from liability for violations of section 3(a) involving a covered minor if, within five days of identifying or being notified of the minor's status, the provider deletes all related personal data processed with the account or obtains verifiable parental consent.

This section requires providers of covered platforms to delete a covered minor’s personal data upon account termination, except data required by law to retain, and prohibits retention after the minor reaches age 16 unless a parent requests continued retention. It also directs operators to make the data available for download in a portable, machine-readable format for at least 90 days before any such deletion.

This section limits liability under the Act for providers of covered platforms by prohibiting constructions that impose liability based on the viewpoint, subject matter, or content of user-generated content or on a covered minor’s or platform’s access to or dissemination of any category of speech. It further provides that coverage under the Act is determined solely by the structural and design characteristics enumerated in section 2(4).

This section authorizes the Federal Trade Commission to enforce the Act by treating violations as unfair or deceptive acts or practices under the Federal Trade Commission Act and by exercising the same jurisdiction, powers, and duties as under that Act. It also permits state attorneys general to bring civil actions as parens patriae on behalf of residents to enjoin violations, enforce compliance, obtain damages or restitution, or secure other relief, subject to prior notice to the Commission and a bar on state actions while a federal enforcement proceeding is pending.

This section limits preemption by this Act to state laws, rules, requirements, or regulations that directly conflict with its provisions. It preserves state authority to regulate contract, tort, and product liability matters and to enact or enforce any measures that provide greater protection to minors than this Act.