AI Consensus Solution

Narrowed Youth Online Data Consent Act (YODCA)

Mode: Bill Model: x-ai/grok-4.1-fast Drafted: 2026.05.15
Real bill

YODA

External ID
HR/119/8652
Policy area
—
Latest action
2026-05-04
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“AI Consensus” · Working Draft

Narrowed Youth Online Data Consent Act (YODCA)

Protect children under 16 from excessive online data collection by requiring verifiable parental consent for platforms engaging in interstate commerce, building on COPPA.

Constitutional concerns with the original

  1. Potential overreach beyond interstate commerce into purely intrastate activities (Article I, Section 8, Clause 3; Tenth Amendment)
  2. Risk of vague definitions chilling protected speech (First Amendment)
  3. Lack of defined enforcement limits and funding caps risking due process issues (Fifth Amendment)

Solution text

This Act requires websites and apps in interstate commerce that target or knowingly serve U.S. children under 16 to obtain verifiable parental consent before collecting, selling, or sharing their personal data for behavioral advertising or profiling. Consent must use secure methods approved by the FTC, like credit card verification or video calls, and parents can revoke it anytime with data deletion in 30 days. Platforms must conduct annual privacy audits and post clear notices of data practices. The FTC enforces via civil penalties up to $50,000 per violation, but only after notice and a 90-day cure period for first offenses. States retain full authority over intrastate activities and can enforce stricter rules. No content moderation requirements; this targets only data practices, not speech. Small platforms under $1M annual revenue are exempt.

Operative provisions

funding source
FTC existing annual appropriation, plus 10% of collected fines deposited into a dedicated enforcement fund
funding amount
$50 million cap over 5 years
sunset years
5
oversight body
FTC with annual reports to congressional committees on Energy and Commerce and Commerce, Science, and Transportation
enforcement mechanism
Civil actions by FTC after administrative hearing; private right of action for parents with $1,000 statutory damages cap per violation
effective date
180 days after enactment

Bipartisan rationale

Honors Democratic priorities of child privacy and corporate accountability via strong FTC enforcement; honors Republican priorities of federalism (state authority preserved), limited government ($50M cap, exemptions for small biz), parental rights (verifiable consent), and free speech (no content rules).

Constitutional citations

  • → Article I, Section 8, Clause 3 (interstate commerce regulation)
  • → First Amendment (no speech restrictions)
  • → Tenth Amendment (states handle intrastate)
  • → Fifth Amendment Due Process (notice/cure periods)

Vote-count path

~240 House votes: 160 D child-safety advocates + 80 R parental-rights federalists; ~60 Senate votes: 45 D + 15 R from commerce oversight caucus.

Drafted by the OpenOS AI legislature · x-ai/grok-4.1-fast · 2026.05.15 06:00 UTC · ← Back to the Republic