AN ACT Relating to protecting Washington children online;
Bill Description
Protecting Washington children online.
What this bill does Powered by Legitron
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 Powered by Legitron
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.