SB 6111

S-3830.1
  SENATE BILL 6111
State of Washington  69th Legislature        2026 Regular Session
By Senators Salomon, Cortes, Liias, Nobles, Saldaña, and Trudeau
Read first time 01/14/26.    Referred to Committee on Business, Trade &
Economic Development.
1     AN ACT Relating to the protection of children online; and adding
2 a new chapter to Title 19 RCW.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4     NEW SECTION.      Sec. 1.     The definitions in this section apply
5 throughout    this    chapter   unless  the   context   clearly   requires
6 otherwise.
7     (1) "Digital service" means a website, an application, a program,
8 or   software    that    collects   or  processes   personal   identifying
9 information with internet connectivity.
10     (2) "Digital service provider" means a person who:
11     (a) Owns or operates a digital service;
12     (b) Determines the purpose of collecting and processing the
13 personal identifying information of users of the digital service; and
14     (c) Determines the means used to collect and process the personal
15 identifying information of users of the digital service.
16     (3) "Known minor" means a child who is 16 years of age or younger
17 and who the digital service provider knows to be under the age of 17
18 years.
19     (4) "Personal identifying information" means any information,
20 including sensitive information, that is linked or reasonably
21 linkable to an identified or identifiable individual. "Personal
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1  identifying information" includes pseudonymous information when the
2  information is used by a controller or processor in conjunction with
3  additional information that reasonably links the information to an
4  identified   or   identifiable  individual.   "Personal  identifying
5  information" does not include deidentified information or publicly
6  available information.
7     NEW SECTION. Sec. 2. (1) This chapter applies only to a digital
8 service provider who provides a digital service that:
9     (a) Connects users in a manner that allows users to socially
10 interact with other users on the digital service;
11     (b) Allows a user to create a public, semipublic, or private
12 profile for purposes of signing into and using the digital service;
13 and
14     (c) Allows a user to create or post content that can be viewed by
15 other users of the digital service, including sharing content on:
16     (i) A message board;
17     (ii) A chat room; or
18     (iii) A landing page, video channel, or main feed that presents
19 to a user content created and posted by other users.
20     (2) This chapter does not apply to:
21     (a) A digital service provider who processes or maintains user
22 data in connection with the employment, promotion, reassignment, or
23 retention of the user as an employee or independent contractor, to
24 the extent that the user's data is processed or maintained for that
25 purpose;
26     (b) A digital service provider's provision of a digital service
27 that facilitates email or direct messaging services, if the digital
28 service facilitates only those services;
29     (c) A digital service provider's provision of a digital service
30 that:
31     (i) Primarily functions to provide a user with access to news,
32 sports, commerce, online video games, or content primarily generated
33 or selected by the digital service provider; and
34     (ii) Allows chat, comment, or other interactive functionality
35 that is incidental to the digital service; or
36     (d) A digital service provider's provision of a digital service
37 that primarily functions to provide a user with access to career
38 development opportunities, including:
39     (i) Professional networking;
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1     (ii) Job skills;
2     (iii) Learning certifications;
3     (iv) Job posting; and
4     (v) Application services.
5     (3) An internet service provider, internet service provider's
6 affiliate or subsidiary, search engine, or cloud service provider is
7 not considered to be a digital service provider or to offer a digital
8 service if the internet service provider or provider's affiliate or
9 subsidiary, search engine, or cloud service provider solely provides
10 access or connection, including through transmission, download,
11 intermediate storage, access software or other service, to an
12 internet website or to other information or content:
13     (a) On the internet; or
14     (b) On a facility, system, or network not under the control of
15 the internet service provider, provider's affiliate or subsidiary,
16 search engine, or cloud service provider.
17     NEW SECTION.   Sec. 3.   (1) A digital service provider may not
18 enter into an agreement with a person to create an account with a
19 digital service unless the person has registered the person's age
20 with the digital service provider. A digital service provider shall
21 make commercially reasonable efforts to verify the age of the person
22 creating an account with a level of certainty appropriate to the
23 risks that arise from the information management practices of the
24 digital service provider.
25     (2) A digital service provider may not permit an account holder
26 who is a known minor to be an account holder unless the known minor
27 has the express consent from a parent or legal guardian of the known
28 minor. Acceptable methods of obtaining express consent of a parent or
29 legal guardian include the following:
30     (a) Coordinating a call with a known minor's parent or legal
31 guardian over videoconferencing technology; or
32     (b) Any other method of obtaining express consent as defined in
33 rule adopted by the attorney general.
34     NEW SECTION. Sec. 4. (1) A digital service provider that enters
35 into an agreement with a known minor for access to a digital service
36 shall limit:
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1     (a) Collection of the known minor's personal identifying
2 information to information reasonably necessary to provide the
3 digital service; and
4     (b) Use of the known minor's personal identifying information to
5 the purpose for which the information was collected.
6     (2) A digital service provider that enters into an agreement with
7 a known minor for access to a digital service may not:
8     (a) Use the digital service to collect the known minor's precise
9 geolocation data;
10     (b) Use the digital service to display targeted advertising
11 involving unlawful material to the known minor; or
12     (c) Share, disclose, or sell the known minor's personal
13 identifying information unless required to:
14     (i) Comply with a civil, criminal, or regulatory inquiry,
15 investigation, subpoena, or summons by a governmental entity;
16     (ii) Comply with a law enforcement investigation;
17     (iii) Detect, block, or prevent the distribution of unlawful or
18 obscene material to a known minor;
19     (iv) Block or filter spam;
20     (v) Prevent criminal activity; or
21     (vi) Protect the security of a digital service.
22     NEW SECTION. Sec. 5. (1) In relation to a known minor's use of
23 a digital service, a digital service provider shall make commercially
24 reasonable efforts to develop and implement a strategy to prevent or
25 mitigate the known minor's exposure to content that promotes or
26 facilitates the following harms to minors:
27     (a) Consistent with evidence-informed medical information, self-
28 harm, eating disorders, substance use disorders, and suicidal
29 behaviors;
30     (b) Patterns of use that indicate or encourage substance abuse or
31 use of illegal drugs;
32     (c) Stalking, physical violence, online bullying, or harassment;
33     (d) Grooming, trafficking, child pornography, or other sexual
34 exploitation or abuse;
35     (e) Incitement of violence; or
36     (f) Any other illegal activity.
37     (2) The requirement in subsection (1) of this section may not be
38 construed to require a digital service provider to prevent or
39 preclude:
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1     (a) Any minor from deliberately and independently searching for,
2 or specifically requesting, content; or
3     (b) The digital service provider or individuals on the digital
4 service from providing resources for the prevention or mitigation of
5 the harms described in subsection (1) of this section, including
6 evidence-informed information and clinical resources.
7     NEW SECTION. Sec. 6. (1) The office of the attorney general may
8 investigate violations of this chapter and may bring actions to
9 enforce compliance and enjoin further violations. If a court finds a
10 person violates the terms of an injunction issued pursuant to this
11 section, it must impose a civil penalty of not more than $10,000 per
12 violation.
13     (2) Except as provided in subsection (3) of this section, this
14 chapter may not be construed as providing a basis for, or being
15 subject to, a private right of action for a violation of this
16 chapter.
17     (3) If a digital service provider violates this chapter, the
18 parent or legal guardian of a known minor affected by the violation
19 may bring a cause of action seeking declaratory or injunctive relief
20 against the digital service provider.
21     NEW SECTION. Sec. 7. This chapter may be known and cited as the
22 Washington protecting children online act.
23     NEW SECTION.    Sec. 8.    If any provision of this act or its
24 application to any person or circumstance is held invalid, the
25 remainder of the act or the application of the provision to other
26 persons or circumstances is not affected.
27     NEW SECTION.     Sec. 9.    Sections 1   through   7   of   this   act
28 constitute a new chapter in Title 19 RCW.
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