Representative Susan Pulsipher proposes the following substitute bill:


1     
JOINT RESOLUTION CALLING FOR AN APPLICATION

2     
RATINGS BOARD FOR INTERNET READY DEVICES

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Susan Pulsipher

6     
Senate Sponsor: Todd Weiler

7     

8     LONG TITLE
9     General Description:
10          This joint resolution calls on the United States Congress to make recommendations to
11     vendors and distributors of applications and to leading technology companies.
12     Highlighted Provisions:
13          This resolution:
14          ▸     calls on the United States Congress to recommend that vendors and distributors of
15     applications establish an independent application ratings board, comprised of
16     industry representatives, child development, child protection, and internet safety
17     subject matter experts to:
18               •     establish new criteria for what types of application content and in-application
19     risks result in specified age-appropriate application ratings;
20               •     review application ratings and descriptions of the most downloaded applications
21     and the downloadable content of those applications; and
22               •     impose sanctions for noncompliance; and
23          ▸     calls on leading technology companies to:
24               •     manufacture internet-ready devices with user-friendly parental controls;
25               •     close loopholes that permit the bypassing of parental controls;

26               •     build in age-based, default safety settings; and
27               •     provide selective application shutoff for bedtime and school hours.
28     Special Clauses:
29          None
30     

31     Be it resolved by the Legislature of the state of Utah:
32          WHEREAS, internet-ready devices, and the applications that run on such devices, are
33     used by millions of minors daily;
34          WHEREAS, some downloaded applications often include content that is not consistent
35     with the age rating, content descriptors, interactive elements, or description of such
36     applications;
37          WHEREAS, clarity on the rating of applications is a critical part of social responsibility
38     on the part of vendors and distributors of applications when including applications in their
39     database for their users to download;
40          WHEREAS, parents of minors deserve transparency and accuracy on the ratings of
41     applications and the meaning behind those ratings;
42          WHEREAS, no third-party organization is holding vendors and distributors of
43     applications accountable to ensure that application age ratings are consistent and accurate
44     across devices and that application descriptions adequately explain the content and advertising
45     available to minors in such applications;
46          WHEREAS, no third-party organization has the authority to impose sanctions for
47     nondisclosures related to application content and advertising;
48          WHEREAS, applications contain unique risks of both exposure to content and
49     predators, so a specific application rating system that takes these unique risk factors into
50     account is needed;
51          WHEREAS, social media is increasingly being used to recruit and sexually exploit
52     young users for sexual abuse or sex trafficking;
53          WHEREAS, social media is increasingly used for sexual harassment and sexualized
54     bullying, including sending unsolicited sexually explicit images, repeated requests for sexually
55     explicit imagery, sexual images that are not consensually shared, and unwanted exposure to
56     pornographic images;

57          WHEREAS, recent studies indicate that excessive use of social media, particularly in
58     young girls, can lead to an increase in depressive symptoms;
59          WHEREAS, suicide rates, depression, and mental health issues among adolescents in
60     the United States have been found to increase as social media use has surged within the same
61     age group;
62          WHEREAS, many providers and users of interactive computer services covered by the
63     Communications Act of 1934, 47 U.S.C. Sec. 230 et seq., as amended through February 8,
64     1996, have failed to comply with basic best business practices in connection with the
65     protection of minors from harmful content, therefore instigating interest in a review of the
66     status of such providers and users under 47 U.S.C. Sec. 230 unless the business practices of
67     such providers and users come into alignment with reasonable care and best business practices
68     of such providers and users appropriate for protecting minors;
69          WHEREAS, popular applications often do not include parental controls or have
70     inadequate parental controls;
71          WHEREAS, the parental controls provided on internet-ready devices are often
72     insufficient, ignore the age of users, contain loopholes, and are difficult to implement, leaving
73     minors unprotected from sexual abuse and exploitation; and
74          WHEREAS, the improper use of internet-ready devices during school hours contributes
75     to student distraction and lower test scores and the use of such devices during bedtime hours
76     can lead to sleep disturbance:
77          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah:
78          (1) calls on the United States Congress to recommend that vendors and distributors of
79     applications establish an independent application ratings board, comprised of industry
80     representatives, child development, child protection, and internet safety subject matter experts
81     to:
82          (a) establish new criteria for what types of application content and in-application risks
83     result in specified age-appropriate application ratings;
84          (b) review application ratings and descriptions of the most downloaded applications
85     and the downloadable content of those applications; and
86          (c) impose sanctions for noncompliance; and
87          (2) calls on leading technology companies to:

88          (a) manufacture internet-ready devices with user-friendly parental controls;
89          (b) close loopholes that permit the bypassing of parental controls;
90          (c) build in age-based, default safety settings; and
91          (d) provide selective application shutoff for bedtime and school hours.