SB 5708 — Protecting Washington children online.

or (b) Commencing January 1, 2026, the operator has reasonably determined that the user is not a minor.

(2) Nothing in this chapter shall prohibit an operator of an addictive internet-based service or application from filtering or removing media for minor users, consistent with the operator's policies, procedures, or terms of service.

(1) PriorA tobusiness Januarythat 1,provides 2026,an itonline shallservice, beproduct, unlawfulor forfeature anlikely operatorto ofbe anaccessed addictiveby internet-basedminors serviceshall ortake application,all betweenof the hoursfollowing ofactions: 12:00 a.m.

and(a) 6:00Configure a.m.,all indefault privacy settings provided to minors by the user'sonline localservice, timeproduct, zone,or andfeature betweento thesettings hoursthat offer a high level of 8:00privacy, a.m.unless the business can demonstrate a compelling reason that a different setting is in the best interests of minors;

and(b) 3:00Provide p.m.,any fromprivacy Mondayinformation, throughterms Fridayof fromservice, Septemberpolicies, throughand Maycommunity instandards theconcisely, user'sprominently, localand timeusing zone,clear top. send push notifications to a user if the operator has actual knowledge that the user is a minor unless the operator has obtained verifiable parental consent to send those push notifications.

(2)4 CommencingSB January5708 1,language 2026,suited itto shallthe beage unlawfulof forminors anlikely operatorto ofaccess anthat addictiveonline internet-basedservice, serviceproduct, or application,feature; between the hours of 12:00 a.m.

and(c) 6:00If a.m.,the inonline service, product, or feature allows the user'sminor's localparent, timeguardian, zone,or andany betweenother individual or entity to monitor the hoursminor's ofonline 8:00activity a.m.or track the minor's location, provide an obvious signal to the minor when the minor is being monitored or tracked;

and(d) 3:00Enforce p.m.,published fromterms, Mondaypolicies, throughand Fridaycommunity fromstandards Septemberestablished throughby May in the user'sbusiness localincluding, timebut zone,not tolimited sendto, pushprivacy notificationspolicies toand athose userconcerning whomminors; the operator has p.

3(e) ESSBProvide 5708prominent, notaccessible, reasonablyand determinedresponsive istools notto ahelp minorminors, unlessor theif operatorapplicable hastheir obtainedparents verifiableor parentalguardians, consentexercise totheir sendprivacy thoserights notifications.and report concerns.

(3)(2) NothingA inbusiness thisthat sectionprovides shall restrict the ability of an operatoronline ofservice, anproduct, addictive internet-based service or applicationfeature tolikely send notifications to abe useraccessed regardingby softwareminors updates,shall securitynot alerts,take orany other information regarding the integrity or maintenance of the user'sfollowing account.actions:

(a) Use the personal information of any minor in a way that the business knows, or has reason to know, is materially detrimental to the physical health, mental health, or well-being of a minor;

(b) Profile a minor by default unless both of the following criteria are met:

(i) The business can demonstrate it has appropriate safeguards in place to protect minors;

and (ii) One of the following is true:

(A) Profiling is necessary to provide the online service, product, or feature requested and only with respect to the aspects of the online service, product, or feature with which the minor is actively and knowingly engaged;

(B) The business can demonstrate a compelling reason that profiling is in the best interests of minors;

(c) Collect, sell, share, or retain any personal information that is not necessary to provide an online service, product, or feature with which a minor is actively and knowingly engaged;

(d) If the end user is a minor, use personal information for any reason other than a reason for which that personal information was collected, unless the business can demonstrate a compelling reason that use of the personal information is in the best interests of minors;

(e) Collect, sell, or share any precise location information of minors by default unless the collection of that precise location p.

5 SB 5708 information is strictly necessary for the business to provide the service, product, or feature requested and then only for the limited time that the collection of precise location information is necessary to provide the service, product, or feature;

(f) Collect any precise location information of a minor without providing an obvious sign to the minor for the duration of that collection that precise location information is being collected;

(g) Use dark patterns to lead or encourage minors to provide personal information beyond what is reasonably expected to provide that online service, product, or feature to forego privacy protections, or to take any action that the business knows, or has reason to know, is materially detrimental to the minor's physical health, mental health, or well-being.

TheNothing operatorin ofthis anchapter addictive internet- based service or application shall providerestrict athe mechanismability throughof which any user, whether or not they are a minor,business maythat chooseprovides toan doonline anyservice, ofproduct, theor following:feature to:

(1) LimitComply theirwith accessWashington tostate any addictive feed from the addictive internet-based service or applicationfederal tolaw; a length of time per day specified by the user;

or (2) LimitComply theirwith abilitya tosubpoena, viewwarrant, thecourt numberorder, ofor likesother civil or othercriminal formslegal ofprocess, feedbackunless tosuch piecescompliance ofis mediaotherwise withinprohibited anby addictiveWashington feed;state or federal law.

(3) Require that the default feed provided to the user when entering the internet-based service or application be one in which pieces of media are not recommended, selected, or prioritized for display based on information provided by the user, or otherwise associated with the user or the user's device, other than the user's age or status as a minor;

(4) Set their account to private mode, in a manner in which only users to whom the user is connected on the addictive internet-based service or application may view or respond to content posted by the user.

ThisIt chapter shall not be construedunlawful asfor requiring the operator of an addictive internet-based service or application to giveprovide aan parentaddictive anyfeed additionalto ora specialuser accessunless: to, or control over, the data or accounts of their minor child.

(1) Prior to January 1, 2026, the operator does not have actual knowledge that the user is a minor;

or (2) Commencing January 1, 2026, the operator has reasonably determined that the user is not a minor.

Compliance(1) withPrior thisto chapterJanuary by1, the2026, operatorit ofshall anbe addictiveunlawful internet-basedfor service or application does not serve as a defensebusiness to any claim that aprovides minor, or an individualonline whoservice, wasproduct, a minor at the time of using the internet-based service or application,feature mightlikely haveto againstbe theaccessed operatorby ofminors, anbetween addictive internet-based service or application regarding any harm to the mentalhours health or well-being of the12:00 minor.a.m.

and 6:00 a.m., in the user's local time zone, and between the hours of 8:00 a.m.

and 3:00 p.m., from Monday through Friday from September through May in the user's local time zone, to send notifications to a user if the business has actual knowledge that the user is a minor unless the operator has obtained verifiable parental consent to send those notifications.

46 ESSBSB 5708 NEW(2) SECTION.Commencing January 1, 2026, it shall be unlawful for a business that provides an online service, product, or feature likely to be accessed by minors, between the hours of 12:00 a.m.

and 6:00 a.m., in the user's local time zone, and between the hours of 8:00 a.m.

and 3:00 p.m., from Monday through Friday from September through May in the user's local time zone, to send notifications to a user whom the business has not reasonably determined is not a minor unless the operator has obtained verifiable parental consent to send those notifications.

NEW SECTION.

The legislatureoperator findsof thatan theaddictive practicesinternet- coveredbased byservice thisor chapterapplication areshall mattersprovide vitallya affectingmechanism thethrough publicwhich interestany foruser, thewhether purposeor ofnot applyingthey theare consumera protectionminor, act,may chapterdo 19.86any RCW.of the following:

A(1) violationLimit oftheir thisaccess chapterto isany notaddictive reasonablefeed infrom relation to the developmentaddictive andinternet-based preservationservice of business, and is an unfair or deceptiveapplication actto ina tradelength or commerce and an unfair method of competitiontime forper theday purposespecified ofby applying the consumeruser; protection act, chapter 19.86 RCW.

(2) Limit their ability to view the number of likes or other forms of feedback to pieces of media within an addictive feed;

(3) Require that the default feed provided to the user when entering the internet-based service or application be one in which pieces of media are not recommended, selected, or prioritized for display based on information provided by the user, or otherwise associated with the user or the user's device, other than the user's age or status as a minor;

(4) Set their account to private mode, in a manner in which only users to whom the user is connected on the addictive internet-based service or application may view or respond to content posted by the user.

ItThis ischapter theshall intentnot ofbe theconstrued legislatureas thatrequiring ifthe anyoperator provision of thisan chapteraddictive orinternet-based itsservice or application to anygive persona orparent circumstanceany isadditional heldor invalid,special theaccess remainderto, of the chapter or thecontrol applicationover, of the provisiondata to other persons or circumstancesaccounts isof nottheir affected.minor child.

SectionsCompliance 1with throughthis 9chapter by the operator of thisan actaddictive constituteinternet-based service or application does not serve as a newdefense chapterto inany Titleclaim 19that RCW.a minor, or an individual who was a minor at the time of using the internet-based service or application, might have against the operator of an addictive p.

7 SB 5708 internet-based service or application regarding any harm to the mental health or well-being of the minor.

IfThe specificlegislature fundingfinds forthat the purposespractices ofcovered thisby act, referencing this actchapter byare billmatters orvitally chapteraffecting number,the ispublic notinterest providedfor bythe Junepurpose 30,of 2025,applying in the omnibusconsumer appropriationsprotection act, thischapter act19.86 isRCW. null and void.

A violation of this chapter is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

NEW SECTION.

Sec.

12.

It is the intent of the legislature that if any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.

Sec.

13.

Sections 1 through 12 of this act constitute a new chapter in Title 19 RCW.

58 ESSBSB 5708