HB 1729 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in miscellaneous offenses, providing for children's online safety.

PRINTER'S NO.   2129

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1729
                                                 Session of
                                                   2025

     INTRODUCED BY GUZMAN, WEBSTER, KAZEEM, GIRAL, RIVERA, HADDOCK,
        OTTEN AND D. WILLIAMS, JULY 14, 2025

     REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
        JULY 14, 2025


                                      AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in miscellaneous offenses, providing
 3      for children's online safety.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 18 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a chapter to read:
 8                                 CHAPTER 63A
 9                           CHILDREN'S ONLINE SAFETY
10   Sec.
11   63A01.   Scope of chapter.
12   63A02.   Definitions.
13   63A03.   Privacy by default.
14   63A04.   Parental approvals.
15   63A05.   Prohibition on dark patterns.
16   63A06.   Nondiscrimination.
17   63A07.   Limited liability.
18   63A08.   Rulemaking authority.
 1   63A09.   Civil actions.
 2   § 63A01.   Scope of chapter.
 3      This chapter relates to protections for children under 18
 4   years of age who use websites, applications and online services.
 5   § 63A02.   Definitions.
 6      The following words and phrases when used in this chapter
 7   shall have the meanings given to them in this section unless the
 8   context clearly indicates otherwise:
 9      "Connected."    When a covered minor or a covered minor's
10   parent has previously approved a connection with another user in
11   which the other user may privately contact the covered minor.
12      "Covered minor."    A user who is determined by an operator,
13   via one or more commercially reasonable age verification
14   methods, to be under 18 years of age.
15      "Covered platform."    A public or semipublic Internet website,
16   online service, online application or mobile application that:
17            (1)   Is used by a covered minor in this Commonwealth.
18            (2)   Allows users to construct a public or semipublic
19      profile for the purposes of using the website, service or
20      application.
21            (3)   Allows users to create or post content that is
22      viewable by other users, including on message boards, in chat
23      rooms or through a landing page or main feed that presents
24      the user with content generated by other users.
25            (4)   Allows users to privately message each other as a
26      significant part of the provision of the website, service or
27      application.
28      "Financial transaction."    A transaction between users
29   involving any type of currency, including virtual currency, used
30   within a covered platform, whether or not the currency can be

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 1   converted to fiat money.
 2      "Operator."      A person, business or other legal entity who
 3   operates or provides a covered platform.
 4      "Parent."      A parent or legal guardian.
 5      "Tag."      To identify a second user in posted content in a
 6   manner that links to the second user's profile.
 7      "User."      A user of a covered platform not acting as an
 8   operator, or agent or affiliate of an operator, of the covered
 9   platform or any portion of the covered platform.
10   § 63A03.     Privacy by default.
11      (a)     Required age verification.--An operator shall not offer
12   a covered platform without conducting commercially reasonable
13   age verification to determine whether a user is a covered minor.
14      (b)     Required default settings.--For all users determined
15   under a commercially reasonable age verification method by an
16   operator to be a covered minor, the operator shall utilize the
17   following settings by default for covered minors, which shall
18   ensure that no user who is not already connected to a covered
19   minor may:
20            (1)    communicate directly and privately with the covered
21      minor;
22            (2)    view the profile of the covered minor;
23            (3)    tag the covered minor in posted content; or
24            (4)    engage in a financial transaction with the covered
25      minor.
26      (c)     Parental discretion.--A parent of a covered minor may
27   override the default privacy settings provided in subsection (b)
28   at the parent's discretion.
29      (d)     Notification.--An operator shall notify a parent of a
30   covered minor whenever the covered minor attempts to change the

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 1   default settings provided in subsection (b). The parent may
 2   approve or deny the request to change the settings for the
 3   covered minor.
 4   § 63A04.    Parental approvals.
 5      (a)     New connections.--For a user determined under a
 6   commercially reasonable age verification method by an operator
 7   to be a covered minor under 13 years of age, an operator shall
 8   require the parent of the covered minor to approve all new
 9   connections with the covered minor before the covered minor's
10   and the other user's accounts are connected.
11      (b)     Parental access.--For a covered minor under 13 years of
12   age, an operator shall also establish a mechanism by which a
13   parent of the covered minor may easily view the list of all
14   users currently connected with the account of the covered minor.
15      (c)     Financial transactions.--For a user determined under a
16   commercially reasonable age verification method by an operator
17   to be a covered minor, the operator shall require a parent to
18   approve all financial transactions relating to the covered
19   minor's account and establish a mechanism by which a parent of a
20   covered minor may easily view a history of all financial
21   transactions relating to a covered minor's account at any time.
22   § 63A05.    Prohibition on dark patterns.
23      It shall be unlawful for a covered platform to deploy any
24   mechanism or design which intentionally inhibits the purpose of
25   this chapter, subverts user or parent choice or autonomy or
26   renders it more difficult for a user or parent to exercise any
27   of the prescribed rights or privileges provided in this chapter.
28   § 63A06.    Nondiscrimination.
29      An operator shall not withhold, degrade, lower the quality of
30   or increase the price of a product, service or feature of a

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 1   covered platform, other than as necessary for compliance with
 2   this chapter or any rules or regulations promulgated under this
 3   chapter, to a user due to the operator being required to
 4   establish the settings and approvals in this chapter.
 5   § 63A07.    Limited liability.
 6      Nothing in this chapter shall be construed to impose
 7   liability for commercial activities or actions by operators
 8   subject to 15 U.S.C. § 6501 (relating to definitions) that is
 9   inconsistent with the treatment of the activities or actions
10   under 15 U.S.C. § 6502 (relating to regulation of unfair and
11   deceptive acts and practices in connection with collection and
12   use of personal information from and about children on the
13   Internet).
14   § 63A08.    Rulemaking authority.
15      (a)     Promulgation.--The Attorney General shall promulgate
16   rules and regulations as necessary to effectuate and enforce the
17   provisions of this chapter.
18      (b)     Age verification.--The regulations shall provide
19   identifying methods for commercially reasonable and technically
20   feasible age verification, which shall consider:
21            (1)   the size, financial resources and technical
22      capabilities of covered platforms;
23            (2)   the costs and effectiveness of available age
24      determination techniques for users of the covered platforms;
25            (3)   the audience of the covered platforms; and
26            (4)   prevalent practices of the industry of the operator.
27      (c)     Accuracy verification.--The regulations shall also
28   identify the appropriate levels of accuracy that would be
29   considered commercially reasonable and technically feasible for
30   operators to achieve in determining whether a user is a covered

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 1   minor.
 2   § 63A09.    Civil actions.
 3      (a)     Remedies.--The Attorney General shall bring a civil
 4   action to:
 5            (1)   enjoin any violation of this chapter;
 6            (2)   obtain restitution of money or property obtained
 7      directly or indirectly by any violation;
 8            (3)   obtain disgorgement of any profits or gains obtained
 9      directly or indirectly by any violation;
10            (4)   obtain damages caused directly or indirectly by any
11      violation;
12            (5)   obtain civil penalties of up to $5,000 per
13      violation; and
14            (6)   obtain any other and further relief as the court may
15      deem proper, including preliminary relief.
16      (b)     Public website.--The Attorney General shall maintain a
17   publicly accessible Internet website to receive complaints and
18   information from members of the public concerning an operator's
19   or covered platform's alleged compliance or noncompliance with
20   the provisions of this chapter.
21      Section 2.     This act shall take effect in 60 days.




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