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ESSB 5708

Momentum Bucket Early Stage
Legal Title AN ACT Relating to protecting Washington children online;
Bill Description Protecting Washington children online.
What this bill does
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The bill creates a new chapter in Title 19 RCW (sections 1–9) that regulates internet services that offer an "addictive feed." It requires operators to estimate the age of users with a level of certainty appropriate to the risks and prohibits supplying an addictive feed to a user who is a minor unless specific conditions are met: before January 1, 2026, the operator must not have actual knowledge the user is a minor; beginning January 1, 2026, the operator must have reasonably determined the user is not a minor. The measure also restricts push notifications to minors (or users not reasonably determined to be not minors) between midnight and 6:00 a.m., and during school hours (8:00 a.m. to 3:00 p.m., Monday–Friday, September–May), unless verifiable parental consent is obtained under the rules that change on January 1, 2026. The bill imposes procedural and technical requirements on operators: provide user controls to limit daily time on an addictive feed, hide or limit viewing of likes/feedback counts, default to a non-recommender-driven feed (except for age/status), and allow private-mode accounts. It bars operators from using or retaining personal information collected for age estimation longer than necessary (other than retaining the estimated age or age range) and says operators are not required to give parents extra access to minors' data or accounts. The text states that compliance with the chapter is not a defense against any claim by a minor (or former minor) about harm to mental health or well-being. The bill classifies violations as unfair or deceptive acts in trade or commerce under the Washington consumer protection act (chapter 19.86 RCW), creating a civil regulatory enforcement pathway rather than creating a new criminal offense. The act includes a severability clause and makes the whole act null and void if specific funding referencing it is not included in the omnibus appropriations act by June 30, 2025. The text does not specify enforcement authority, particular penalties, or a private right of action beyond the consumer protection act linkage; it also does not define "verifiable parental consent," the precise methods or standards for "reasonable determination" of age, implementation details for required user controls, or the specific RCW chapter number assigned to the new chapter.
Why it matters
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If enacted, social media companies and any online service that uses recommender-driven feeds would need to start estimating whether users in Washington are minors and change how feeds and notifications reach those users. Platforms would have to block or alter “addictive feeds” for people they know or reasonably believe are minors, limit push notifications between midnight and 6 a.m. and during weekday school hours (unless they get verifiable parental consent), and give all users controls like daily time limits, hiding like counts, a non-recommendation default feed, and a private-account option. They must avoid using or keeping personal data collected for age checks beyond what’s necessary (keeping only the estimated age or range), and parents are not granted extra access to children’s accounts. The practical effect will be increased operational and compliance costs for operators to build age-estimation and consent systems, change notification and feed logic, add user controls, and adjust data-retention practices, while exposing them to enforcement risk because violations are treated as unfair or deceptive acts under the consumer protection law. Minors in Washington would likely see reduced exposure to algorithmic feeds and fewer off-hours notifications, and parents would not automatically gain broader access to accounts. Key implementation details are missing, however: the bill does not define “verifiable parental consent,” the required methods or standards for “reasonable determination” of age, or specific enforcement mechanisms and penalties, and the whole law is void unless dedicated funding appears in the omnibus appropriations act by June 30, 2025.
Official Documents View Full Bill Text
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ESSB 5708 Details and Bill Topics

Details

Date Introduced 02/28/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $3,016,308.00

Bill Topics

BUSINESSES
CHILDREN
TELECOMMUNICATIONS

ESSB 5708 Sponsors and Committee Hearings

Sponsors

Senator Frame (Primary)
Senator Wagoner
Senator Alvarado
Senator Hasegawa
Senator Nobles
Senator Salomon
Senator Trudeau
Senator Valdez

Committee Hearings

Hearing Senate Business, Trade & Economic Development (Public)
Hearing Senate Business, Trade & Economic Development (Executive)
Hearing Senate Ways & Means (Public)
Hearing Senate Ways & Means (Executive)
Go to ESSB 5708 at leg.wa.gov

ESSB 5708 Bill Timeline

Early Stage
2/25/2026
SRules X
Senate Rules "X" file.
1/11/2026
SRules X
By resolution, reintroduced and retained in present status.
4/26/2025
SRules X
By resolution, returned to Senate Rules Committee for third reading.
3/13/2025
SRules X
First reading, referred to Consumer Protection & Business.
3/11/2025
SRules X
Third reading, passed; yeas, 36; nays, 12; absent, 0; excused, 1.
3/11/2025
SRules X
Rules suspended. Placed on Third Reading.
3/11/2025
SRules X
Floor amendment(s) adopted.
3/11/2025
SRules X
1st substitute bill substituted.
3/9/2025
SRules X
Placed on second reading by Rules Committee.
2/27/2025
SRules X
Passed to Rules Committee for second reading.
2/27/2025
SRules X
Minority; without recommendation.
2/27/2025
SRules X
Minority; do not pass.
2/27/2025
SRules X
WM - Majority; 1st substitute bill be substituted, do pass.
2/20/2025
Ssubst for
Referred to Ways & Means.
2/19/2025
Ssubst for
And refer to Ways & Means.
2/19/2025
Ssubst for
BFT - Majority; do pass.
2/6/2025
Ssubst for
First reading, referred to Business, Financial Services & Trade.

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