California 2017-2018 Regular Session

California Senate Bill SB1424 Latest Draft

Bill / Enrolled Version Filed 08/31/2018

                            Enrolled  August 31, 2018 Passed IN  Senate  August 28, 2018 Passed IN  Assembly  August 27, 2018 Amended IN  Assembly  August 23, 2018 Amended IN  Senate  May 25, 2018 Amended IN  Senate  May 10, 2018 Amended IN  Senate  April 26, 2018 Amended IN  Senate  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1424Introduced by Senator PanFebruary 16, 2018An act to add and repeal Title 14.5 (commencing with Section 3085) of Part 4 of Division 3 of the Civil Code, relating to the Internet.LEGISLATIVE COUNSEL'S DIGESTSB 1424, Pan. Internet: social media: advisory group.Existing law prohibits a person, among others, from making or disseminating in any advertising device, or in any manner or means whatever, including over the Internet, any statement concerning real or personal property or services that is untrue or misleading, as specified. This bill would require the Attorney General, subject to receipt of sufficient private funds, as specified, to establish an advisory group consisting of at least one member of the Department of Justice, as well as Internet-based social media providers, civil liberties advocates, and First Amendment scholars to study the problem of the spread of false information through Internet-based social media platforms, and draft a model strategic plan for Internet-based social media platforms to use to mitigate this problem. The bill would require the Attorney General, by December 31, 2019, to present the results of the study and the model strategic plan to the Legislature and specified legislative committees. The bill would repeal its provisions, if sufficient private funds are not received by December 31, 2021.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Title 14.5 (commencing with Section 3085) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 14.5. False Information Strategic Plans3085. The Attorney General shall, subject to the limitations of subdivision (d), establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do both of the following:(a) Study the problem of the spread of false information through Internet-based social media platforms.(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.(c) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its Internet Web site. (2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2021, this title, as of that date, is repealed

 Enrolled  August 31, 2018 Passed IN  Senate  August 28, 2018 Passed IN  Assembly  August 27, 2018 Amended IN  Assembly  August 23, 2018 Amended IN  Senate  May 25, 2018 Amended IN  Senate  May 10, 2018 Amended IN  Senate  April 26, 2018 Amended IN  Senate  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1424Introduced by Senator PanFebruary 16, 2018An act to add and repeal Title 14.5 (commencing with Section 3085) of Part 4 of Division 3 of the Civil Code, relating to the Internet.LEGISLATIVE COUNSEL'S DIGESTSB 1424, Pan. Internet: social media: advisory group.Existing law prohibits a person, among others, from making or disseminating in any advertising device, or in any manner or means whatever, including over the Internet, any statement concerning real or personal property or services that is untrue or misleading, as specified. This bill would require the Attorney General, subject to receipt of sufficient private funds, as specified, to establish an advisory group consisting of at least one member of the Department of Justice, as well as Internet-based social media providers, civil liberties advocates, and First Amendment scholars to study the problem of the spread of false information through Internet-based social media platforms, and draft a model strategic plan for Internet-based social media platforms to use to mitigate this problem. The bill would require the Attorney General, by December 31, 2019, to present the results of the study and the model strategic plan to the Legislature and specified legislative committees. The bill would repeal its provisions, if sufficient private funds are not received by December 31, 2021.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Enrolled  August 31, 2018 Passed IN  Senate  August 28, 2018 Passed IN  Assembly  August 27, 2018 Amended IN  Assembly  August 23, 2018 Amended IN  Senate  May 25, 2018 Amended IN  Senate  May 10, 2018 Amended IN  Senate  April 26, 2018 Amended IN  Senate  March 22, 2018

Enrolled  August 31, 2018
Passed IN  Senate  August 28, 2018
Passed IN  Assembly  August 27, 2018
Amended IN  Assembly  August 23, 2018
Amended IN  Senate  May 25, 2018
Amended IN  Senate  May 10, 2018
Amended IN  Senate  April 26, 2018
Amended IN  Senate  March 22, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 1424

Introduced by Senator PanFebruary 16, 2018

Introduced by Senator Pan
February 16, 2018

An act to add and repeal Title 14.5 (commencing with Section 3085) of Part 4 of Division 3 of the Civil Code, relating to the Internet.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1424, Pan. Internet: social media: advisory group.

Existing law prohibits a person, among others, from making or disseminating in any advertising device, or in any manner or means whatever, including over the Internet, any statement concerning real or personal property or services that is untrue or misleading, as specified. This bill would require the Attorney General, subject to receipt of sufficient private funds, as specified, to establish an advisory group consisting of at least one member of the Department of Justice, as well as Internet-based social media providers, civil liberties advocates, and First Amendment scholars to study the problem of the spread of false information through Internet-based social media platforms, and draft a model strategic plan for Internet-based social media platforms to use to mitigate this problem. The bill would require the Attorney General, by December 31, 2019, to present the results of the study and the model strategic plan to the Legislature and specified legislative committees. The bill would repeal its provisions, if sufficient private funds are not received by December 31, 2021.

Existing law prohibits a person, among others, from making or disseminating in any advertising device, or in any manner or means whatever, including over the Internet, any statement concerning real or personal property or services that is untrue or misleading, as specified. 

This bill would require the Attorney General, subject to receipt of sufficient private funds, as specified, to establish an advisory group consisting of at least one member of the Department of Justice, as well as Internet-based social media providers, civil liberties advocates, and First Amendment scholars to study the problem of the spread of false information through Internet-based social media platforms, and draft a model strategic plan for Internet-based social media platforms to use to mitigate this problem. The bill would require the Attorney General, by December 31, 2019, to present the results of the study and the model strategic plan to the Legislature and specified legislative committees. The bill would repeal its provisions, if sufficient private funds are not received by December 31, 2021.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Title 14.5 (commencing with Section 3085) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 14.5. False Information Strategic Plans3085. The Attorney General shall, subject to the limitations of subdivision (d), establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do both of the following:(a) Study the problem of the spread of false information through Internet-based social media platforms.(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.(c) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its Internet Web site. (2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2021, this title, as of that date, is repealed

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Title 14.5 (commencing with Section 3085) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 14.5. False Information Strategic Plans3085. The Attorney General shall, subject to the limitations of subdivision (d), establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do both of the following:(a) Study the problem of the spread of false information through Internet-based social media platforms.(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.(c) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its Internet Web site. (2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2021, this title, as of that date, is repealed

SECTION 1. Title 14.5 (commencing with Section 3085) is added to Part 4 of Division 3 of the Civil Code, to read:

### SECTION 1.

TITLE 14.5. False Information Strategic Plans3085. The Attorney General shall, subject to the limitations of subdivision (d), establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do both of the following:(a) Study the problem of the spread of false information through Internet-based social media platforms.(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.(c) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its Internet Web site. (2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2021, this title, as of that date, is repealed

TITLE 14.5. False Information Strategic Plans3085. The Attorney General shall, subject to the limitations of subdivision (d), establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do both of the following:(a) Study the problem of the spread of false information through Internet-based social media platforms.(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.(c) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its Internet Web site. (2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2021, this title, as of that date, is repealed

TITLE 14.5. False Information Strategic Plans

TITLE 14.5. False Information Strategic Plans

3085. The Attorney General shall, subject to the limitations of subdivision (d), establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do both of the following:(a) Study the problem of the spread of false information through Internet-based social media platforms.(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.(c) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its Internet Web site. (2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2021, this title, as of that date, is repealed



3085. The Attorney General shall, subject to the limitations of subdivision (d), establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do both of the following:

(a) Study the problem of the spread of false information through Internet-based social media platforms.

(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.

(c) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.

(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its Internet Web site. 

(2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2021, this title, as of that date, is repealed