AI Frontier Institute

AN ACT relating to addictive online platforms.

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Kentucky HB 227 (engrossed; passed the House 96-0 with Committee Substitute and floor amendments (1) and (6), now in Senate Judiciary; not enacted). If enacted, it would regulate "addictive" features on large social media platforms (those with at least $1 billion in annual worldwide advertising revenue in one of the prior three years). Section 2 would require a covered platform to estimate each account holder's age within 14 days after the holder reaches 25 hours of use in a six-month period (the "first trigger date"). The platform would treat the holder as a non-child only if it is 80% confident the holder is over 15. It would revise the estimate at 50 hours, with a 90% confidence standard, and update it every 100 hours or whenever it updates other demographic estimates. Section 2 would not require platforms to collect new data, and it would exempt accounts held continuously for 7+ years before the effective date. Section 3 would require a birth date at sign-up with no default value. It would bar creating or maintaining a child's (under 16) account, or changing its terms, without verifiable parental consent. Child accounts would default to the most private settings. Platforms would have to offer parents an optional password for monitoring time and setting daily, weekly and time-of-day limits. Platforms could not show addictive features (infinite scroll, profile-based feeds, certain push notifications, autoplay video, reaction metrics, and usage-based badges or awards) or profile-based paid commercial advertising to children. Section 4 would require terminating accounts of children lacking parental consent. It would set deadlines of 7 days for a child's own termination request and 14 days for a parent's. It would require notice of intended termination within 7 days and give a 30-day window to dispute the age classification or supply consent. Section 5 would preserve parents' ability to show their children content and would not limit search-engine results. Section 6 would shield platforms that used reasonable means and efforts to comply. Section 7 would void waivers of the rights and requirements and make the provisions severable. Section 8 would amend KRS 367.3627 to give the Attorney General exclusive enforcement authority, with a 30-day notice-and-cure period, damages of up to $7,500 per continued violation, recovery of costs and fees, and no private right of action.

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