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S 3164

An Act protecting children from addictive social media feeds

194th Legislature (2025-2026)

Massachusetts requires social platforms to implement strong default safety settings for minors, verify minor status, and report usage data, with penalties for noncompliance.

Placed in the Orders of the Day for Thursday, July 9, 2026
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Bill Summary · S 3164

Summary of Bill: S. 3164 (194th General Court, Massachusetts)

Purpose and intent

  • Establishes a new regulatory framework to protect minors from addictive features commonly found in social media feeds.
  • Commits to promoting safer default settings for minors, age-appropriate controls, and enhanced transparency around minors’ use of social platforms.
  • Tasks the Attorney General with implementing regulations, reporting requirements, and enforcement mechanisms.

Key definitions (Chapter 93M, Online Protection)

  • Defines core terms to enable the regime, including:
    • “Account,” “User,” and “Content.”
    • “Addictive social media feed” which uses algorithms to display content based on user/device information, with specified exceptions (see exemptions in (iii)-(viii)).
    • “Age signal” as a device-level age indication provided by OS or app distributors without requiring full birth data.
    • “Covered operator” (social media platform/operator) and “Covered minor” (minor in Massachusetts with actual knowledge of minor’s status by operator).
    • “Autoplay,” “Infinite scroll,” “Push notification,” “Connected account,” “Educational technology platform,” and other related terms.
    • Privacy and data protections such as limiting data collection for age determination and deletion of age-determine data after use.

Core requirements for covered operators (Section 2)

  • Operators must use commercially reasonable methods to determine if a user is a covered minor, with a clear opt-out option for users.
  • Default safety settings for minors (and opt-outs) must include:
    • Disable addictive social media feed.
    • Disable push notifications between 12:00 a.m. and 6:00 a.m. local time.
    • Disable autoplay/auto-advance features.
    • Disable infinite scroll.
    • Require a clear, conspicuous reminder after a cumulative hour of use in 24 hours, with a user acknowledgment before continuing.
  • Operators may not allow a user to change more than one default setting at a time; changes should be limited unless necessary to access a service the user explicitly requested.
  • If actual knowledge is that a user is a minor, default safety settings must also:
    • Limit visibility to connected accounts (with some searchability for connecting to minor’s account).
    • Disable sharing of precise geolocation data.
    • Limit sharing and direct messaging to connected accounts.
  • Minor users may modify some settings, but geolocation-related settings (clause (ii)) require verifiable parental consent. The AG will regulate methods for obtaining this consent and ensure consent data is used only for consent purposes and deleted afterward, unless required by law.
  • Default settings tied to geolocation data may be adjustable with parental consent, permitting selective sharing with connected accounts.
  • Operators may provide, but are not required to provide, parental access to data; default geolocation-related settings can be adjusted with consent.
  • Operators cannot throttle or raise prices for users using default settings.

AG regulatory framework (Section 3)

  • Attorney General must promulgate regulations detailing:
    • Commercially reasonable and technically feasible methods to determine minor status.
    • Consideration of an age signal as a feasible method (and potential requirements on OS providers to supply such signals).
    • Factors to consider when crafting age-assurance methods (platform size/resources, costs/effectiveness, safety/utility impact).
    • Multiple age-determination methods, including at least one that does not rely solely on government-issued IDs or preserves user anonymity.
    • Data minimization: limit data collection to determine age, delete data after determination, prohibit using age-determination data for other purposes, and restrict combining such data with other personal data.
    • A review process to appeal an age-assurance determination.
    • Presumption that a user is not a minor if age-assurance methods indicate non-minor, unless there is actual knowledge to the contrary.
    • If a platform uses age-assurance methods to block access for determined minors, it may be exempt from some Section 2 requirements.

Reporting and transparency (Section 4)

  • Covered operators must provide the AG with de-identified aggregate data on minors’ use at least quarterly, including:
    • Number of minor users (by age range).
    • Time spent on platform (by age range).
    • Frequency and type of modifications to default settings.
  • The AG must publish the aggregated data on its website and may require additional de-identified data through regulations.

Enforcement and penalties (Section 5)

  • Violations are treated as unfair or deceptive acts or practices under Chapter 93A; the AG has exclusive authority to bring civil actions.
  • Civil penalties:
    • Up to $5,000 per violation for noncompliance with Section 2 (per affected user account; violations accrue per account).
    • Up to $1,000,000 for violations of Section 4 (per day of continued violation constitutes a separate violation).
  • The bill clarifies it does not authorize access to prohibited content or platforms beyond existing laws.

Miscellaneous (Sections 6–8)

  • Prohibits actions contrary to state/federal law.
  • AG may promulgate implementing regulations (Section 7).
  • An online submission platform will be available on the AG’s website to receive complaints and information about compliance (Section 8).

Timeline and effective dates

  • March 1, 2027: AG must promulgate regulations under Chapter 93M.
  • August 1, 2027: Section 1 takes effect, establishing the new protections and requirements.
  • For enforcement and reporting, ongoing compliance obligations begin once the regulations and framework are in effect.

Potential impact

  • Social media platforms operating in Massachusetts would need to implement strong, enforceable default safety settings for minors, with mechanisms for age determination, parental consent, and data minimization.
  • Increased transparency through quarterly, de-identified usage data and public AG reporting.
  • New penalties could incentivize compliance, with significant fines for failure to implement default settings or failing to report as required.
  • Consumers (parents and minors) may experience enhanced control over content, privacy, and notifications, with more parental involvement possibilities depending on consent mechanisms.

Compiled from official sources — confirm details with the bill’s official record.

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