Amended IN Assembly April 27, 2023 Amended IN Assembly April 06, 2023 Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1027Introduced by Assembly Member Petrie-NorrisFebruary 15, 2023An act to amend the heading of Chapter 31.5 (commencing with Section 22945) of Division 8 of, and to add Section 22945.2 to, Section 22945 of the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTAB 1027, as amended, Petrie-Norris. Social media platforms. platforms: drug safety policies. TheExisting law, the California Consumer Privacy Act of 2018 (CCPA) (CCPA), as amended by the California Privacy Rights Act of 2020, an initiative measure, grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. defined. The CCPA requires a business that controls the collection of a consumers personal information to inform consumers of the categories of personal information collected, the purposes for which the categories of personal information are collected or used, and the length of time the business intends to retain each category of personal information, as specified.This bill would require a social media platform, as defined, to maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made. The bill would exempt from that requirement information that is the subject of a consumer request to delete the information pursuant to the CCPA provision described above. The bill would also provide that a social media platforms failure to maintain a record of the specified communications for at least 168 hours from the time of the communication would be subject to a civil penalty of up to $250,000, and reasonable costs and attorneys fees. The bill would further authorize a court to grant injunctive relief in an action brought for a violation of the above-described provisions. The bill would require these penalties only be recovered in a civil action brought by specified public prosecutors in a court of competent jurisdiction.Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as specified.Existing law, until January 1, 2028, requires a social media platform to create and post a policy statement regarding the use of the social media platform to illegally distribute controlled substances, including a general description of its policies and procedures for responding to law enforcement inquiries.This bill would require the policy statement to include a general description of the social media platforms policy on the retention of electronic communication information, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 22945 of the Business and Professions Code is amended to read:22945. (a) For purposes of this chapter, the following definitions apply:(1) (A) Content means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application.(B) Content does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration.(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.(3) Social media platform means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria:(A) (i) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application.(ii) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone.(B) The service or application allows users to do all of the following:(i) Construct a public or semipublic profile for purposes of signing into and using the service.(ii) Populate a list of other users with whom an individual shares a social connection within the system.(iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users.(4) Public or semipublic internet-based service or application excludes a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application.(b) A social media platform that operates in the state shall create, and publicly post on the social media platforms internet website, a policy statement that includes all of the following:(1) The social media platforms policy on the use of the social media platform to illegally distribute a controlled substance.(2) A general description of the social media platforms moderation practices that are employed to prevent users from posting or sharing electronic content pertaining to the illegal distribution of a controlled substance. The description shall not include any information that the social media platform believes might compromise operational efforts to identify prohibited content or user activity, or otherwise endanger user safety.(3) A link to mental health and drug education resources provided by governmental public health authorities.(4) A link to the social media platforms reporting mechanism for illegal or harmful content or behavior on the social media platform, if one exists.(5) A general description of the social media platforms policies and procedures for responding to law enforcement inquiries, including warrants, subpoenas, and other court orders compelling the production of or access to electronic communication information, as defined in Section 1546 of the Penal Code.(6) A general description of the social media platforms policy on the retention of electronic communication information, as defined in Section 1546 of the Penal Code, including how long the platform retains that information.(c) The disclosures required by this section may be posted separately or incorporated within another document or post, including, but not limited to, the terms of service or the community guidelines.(d) A person or entity operating a social media platform in the state shall do both of the following:(1) Update the policy statement created pursuant to subdivision (b) as necessary.(2) Consider consulting with nonprofits, safety advocates, and survivors to assist in developing and supporting the policy statement created pursuant to subdivision (b).(e) This chapter shall not apply to a business that generated less than one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year.(f) This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.SECTION 1.It is the intent of the Legislature to provide additional time for law enforcement to maintain communication with social media platforms for incidents regarding minors.SEC. 2.The heading of Chapter 31.5 (commencing with Section 22945) of Division 8 of the Business and Professions Code is amended to read:31.5.Social Media PlatformsSEC. 3.Section 22945.2 is added to the Business and Professions Code, to read:22945.2.(a)Except as provided in subdivision (b), a social media platform shall maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made.(b)This section does not apply to information that is the subject of a consumer request to delete the information pursuant to Section 1798.105 of the Civil Code.(c)A social media platform that has knowingly or willfully violated subdivision (a) shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation and reasonable attorneys fees and costs. A court may also grant injunctive relief in an action brought pursuant to this section. These penalties may be recovered only in a civil action brought in a court of competent jurisdiction by any of the following:(1)The Attorney General in the name of the people of the State of California.(2)A district attorney, county counsel, or city attorney for the jurisdiction in which the violation occurred.(3)A city prosecutor in any city having a full-time city prosecutor, with the consent of the district attorney.(d)For purposes of this section, social media platform has the same meaning as Section 22945.
Amended IN Assembly April 27, 2023 Amended IN Assembly April 06, 2023 Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1027Introduced by Assembly Member Petrie-NorrisFebruary 15, 2023An act to amend the heading of Chapter 31.5 (commencing with Section 22945) of Division 8 of, and to add Section 22945.2 to, Section 22945 of the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTAB 1027, as amended, Petrie-Norris. Social media platforms. platforms: drug safety policies. TheExisting law, the California Consumer Privacy Act of 2018 (CCPA) (CCPA), as amended by the California Privacy Rights Act of 2020, an initiative measure, grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. defined. The CCPA requires a business that controls the collection of a consumers personal information to inform consumers of the categories of personal information collected, the purposes for which the categories of personal information are collected or used, and the length of time the business intends to retain each category of personal information, as specified.This bill would require a social media platform, as defined, to maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made. The bill would exempt from that requirement information that is the subject of a consumer request to delete the information pursuant to the CCPA provision described above. The bill would also provide that a social media platforms failure to maintain a record of the specified communications for at least 168 hours from the time of the communication would be subject to a civil penalty of up to $250,000, and reasonable costs and attorneys fees. The bill would further authorize a court to grant injunctive relief in an action brought for a violation of the above-described provisions. The bill would require these penalties only be recovered in a civil action brought by specified public prosecutors in a court of competent jurisdiction.Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as specified.Existing law, until January 1, 2028, requires a social media platform to create and post a policy statement regarding the use of the social media platform to illegally distribute controlled substances, including a general description of its policies and procedures for responding to law enforcement inquiries.This bill would require the policy statement to include a general description of the social media platforms policy on the retention of electronic communication information, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: NO
Amended IN Assembly April 27, 2023 Amended IN Assembly April 06, 2023 Amended IN Assembly March 23, 2023
Amended IN Assembly April 27, 2023
Amended IN Assembly April 06, 2023
Amended IN Assembly March 23, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1027
Introduced by Assembly Member Petrie-NorrisFebruary 15, 2023
Introduced by Assembly Member Petrie-Norris
February 15, 2023
An act to amend the heading of Chapter 31.5 (commencing with Section 22945) of Division 8 of, and to add Section 22945.2 to, Section 22945 of the Business and Professions Code, relating to social media platforms.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1027, as amended, Petrie-Norris. Social media platforms. platforms: drug safety policies.
TheExisting law, the California Consumer Privacy Act of 2018 (CCPA) (CCPA), as amended by the California Privacy Rights Act of 2020, an initiative measure, grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. defined. The CCPA requires a business that controls the collection of a consumers personal information to inform consumers of the categories of personal information collected, the purposes for which the categories of personal information are collected or used, and the length of time the business intends to retain each category of personal information, as specified.This bill would require a social media platform, as defined, to maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made. The bill would exempt from that requirement information that is the subject of a consumer request to delete the information pursuant to the CCPA provision described above. The bill would also provide that a social media platforms failure to maintain a record of the specified communications for at least 168 hours from the time of the communication would be subject to a civil penalty of up to $250,000, and reasonable costs and attorneys fees. The bill would further authorize a court to grant injunctive relief in an action brought for a violation of the above-described provisions. The bill would require these penalties only be recovered in a civil action brought by specified public prosecutors in a court of competent jurisdiction.Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as specified.Existing law, until January 1, 2028, requires a social media platform to create and post a policy statement regarding the use of the social media platform to illegally distribute controlled substances, including a general description of its policies and procedures for responding to law enforcement inquiries.This bill would require the policy statement to include a general description of the social media platforms policy on the retention of electronic communication information, as specified.
The
Existing law, the California Consumer Privacy Act of 2018 (CCPA) (CCPA), as amended by the California Privacy Rights Act of 2020, an initiative measure, grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. defined. The CCPA requires a business that controls the collection of a consumers personal information to inform consumers of the categories of personal information collected, the purposes for which the categories of personal information are collected or used, and the length of time the business intends to retain each category of personal information, as specified.
This bill would require a social media platform, as defined, to maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made. The bill would exempt from that requirement information that is the subject of a consumer request to delete the information pursuant to the CCPA provision described above.
The bill would also provide that a social media platforms failure to maintain a record of the specified communications for at least 168 hours from the time of the communication would be subject to a civil penalty of up to $250,000, and reasonable costs and attorneys fees. The bill would further authorize a court to grant injunctive relief in an action brought for a violation of the above-described provisions. The bill would require these penalties only be recovered in a civil action brought by specified public prosecutors in a court of competent jurisdiction.
Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as specified.
Existing law, until January 1, 2028, requires a social media platform to create and post a policy statement regarding the use of the social media platform to illegally distribute controlled substances, including a general description of its policies and procedures for responding to law enforcement inquiries.
This bill would require the policy statement to include a general description of the social media platforms policy on the retention of electronic communication information, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 22945 of the Business and Professions Code is amended to read:22945. (a) For purposes of this chapter, the following definitions apply:(1) (A) Content means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application.(B) Content does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration.(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.(3) Social media platform means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria:(A) (i) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application.(ii) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone.(B) The service or application allows users to do all of the following:(i) Construct a public or semipublic profile for purposes of signing into and using the service.(ii) Populate a list of other users with whom an individual shares a social connection within the system.(iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users.(4) Public or semipublic internet-based service or application excludes a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application.(b) A social media platform that operates in the state shall create, and publicly post on the social media platforms internet website, a policy statement that includes all of the following:(1) The social media platforms policy on the use of the social media platform to illegally distribute a controlled substance.(2) A general description of the social media platforms moderation practices that are employed to prevent users from posting or sharing electronic content pertaining to the illegal distribution of a controlled substance. The description shall not include any information that the social media platform believes might compromise operational efforts to identify prohibited content or user activity, or otherwise endanger user safety.(3) A link to mental health and drug education resources provided by governmental public health authorities.(4) A link to the social media platforms reporting mechanism for illegal or harmful content or behavior on the social media platform, if one exists.(5) A general description of the social media platforms policies and procedures for responding to law enforcement inquiries, including warrants, subpoenas, and other court orders compelling the production of or access to electronic communication information, as defined in Section 1546 of the Penal Code.(6) A general description of the social media platforms policy on the retention of electronic communication information, as defined in Section 1546 of the Penal Code, including how long the platform retains that information.(c) The disclosures required by this section may be posted separately or incorporated within another document or post, including, but not limited to, the terms of service or the community guidelines.(d) A person or entity operating a social media platform in the state shall do both of the following:(1) Update the policy statement created pursuant to subdivision (b) as necessary.(2) Consider consulting with nonprofits, safety advocates, and survivors to assist in developing and supporting the policy statement created pursuant to subdivision (b).(e) This chapter shall not apply to a business that generated less than one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year.(f) This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.SECTION 1.It is the intent of the Legislature to provide additional time for law enforcement to maintain communication with social media platforms for incidents regarding minors.SEC. 2.The heading of Chapter 31.5 (commencing with Section 22945) of Division 8 of the Business and Professions Code is amended to read:31.5.Social Media PlatformsSEC. 3.Section 22945.2 is added to the Business and Professions Code, to read:22945.2.(a)Except as provided in subdivision (b), a social media platform shall maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made.(b)This section does not apply to information that is the subject of a consumer request to delete the information pursuant to Section 1798.105 of the Civil Code.(c)A social media platform that has knowingly or willfully violated subdivision (a) shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation and reasonable attorneys fees and costs. A court may also grant injunctive relief in an action brought pursuant to this section. These penalties may be recovered only in a civil action brought in a court of competent jurisdiction by any of the following:(1)The Attorney General in the name of the people of the State of California.(2)A district attorney, county counsel, or city attorney for the jurisdiction in which the violation occurred.(3)A city prosecutor in any city having a full-time city prosecutor, with the consent of the district attorney.(d)For purposes of this section, social media platform has the same meaning as Section 22945.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 22945 of the Business and Professions Code is amended to read:22945. (a) For purposes of this chapter, the following definitions apply:(1) (A) Content means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application.(B) Content does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration.(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.(3) Social media platform means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria:(A) (i) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application.(ii) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone.(B) The service or application allows users to do all of the following:(i) Construct a public or semipublic profile for purposes of signing into and using the service.(ii) Populate a list of other users with whom an individual shares a social connection within the system.(iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users.(4) Public or semipublic internet-based service or application excludes a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application.(b) A social media platform that operates in the state shall create, and publicly post on the social media platforms internet website, a policy statement that includes all of the following:(1) The social media platforms policy on the use of the social media platform to illegally distribute a controlled substance.(2) A general description of the social media platforms moderation practices that are employed to prevent users from posting or sharing electronic content pertaining to the illegal distribution of a controlled substance. The description shall not include any information that the social media platform believes might compromise operational efforts to identify prohibited content or user activity, or otherwise endanger user safety.(3) A link to mental health and drug education resources provided by governmental public health authorities.(4) A link to the social media platforms reporting mechanism for illegal or harmful content or behavior on the social media platform, if one exists.(5) A general description of the social media platforms policies and procedures for responding to law enforcement inquiries, including warrants, subpoenas, and other court orders compelling the production of or access to electronic communication information, as defined in Section 1546 of the Penal Code.(6) A general description of the social media platforms policy on the retention of electronic communication information, as defined in Section 1546 of the Penal Code, including how long the platform retains that information.(c) The disclosures required by this section may be posted separately or incorporated within another document or post, including, but not limited to, the terms of service or the community guidelines.(d) A person or entity operating a social media platform in the state shall do both of the following:(1) Update the policy statement created pursuant to subdivision (b) as necessary.(2) Consider consulting with nonprofits, safety advocates, and survivors to assist in developing and supporting the policy statement created pursuant to subdivision (b).(e) This chapter shall not apply to a business that generated less than one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year.(f) This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.
SECTION 1. Section 22945 of the Business and Professions Code is amended to read:
### SECTION 1.
22945. (a) For purposes of this chapter, the following definitions apply:(1) (A) Content means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application.(B) Content does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration.(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.(3) Social media platform means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria:(A) (i) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application.(ii) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone.(B) The service or application allows users to do all of the following:(i) Construct a public or semipublic profile for purposes of signing into and using the service.(ii) Populate a list of other users with whom an individual shares a social connection within the system.(iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users.(4) Public or semipublic internet-based service or application excludes a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application.(b) A social media platform that operates in the state shall create, and publicly post on the social media platforms internet website, a policy statement that includes all of the following:(1) The social media platforms policy on the use of the social media platform to illegally distribute a controlled substance.(2) A general description of the social media platforms moderation practices that are employed to prevent users from posting or sharing electronic content pertaining to the illegal distribution of a controlled substance. The description shall not include any information that the social media platform believes might compromise operational efforts to identify prohibited content or user activity, or otherwise endanger user safety.(3) A link to mental health and drug education resources provided by governmental public health authorities.(4) A link to the social media platforms reporting mechanism for illegal or harmful content or behavior on the social media platform, if one exists.(5) A general description of the social media platforms policies and procedures for responding to law enforcement inquiries, including warrants, subpoenas, and other court orders compelling the production of or access to electronic communication information, as defined in Section 1546 of the Penal Code.(6) A general description of the social media platforms policy on the retention of electronic communication information, as defined in Section 1546 of the Penal Code, including how long the platform retains that information.(c) The disclosures required by this section may be posted separately or incorporated within another document or post, including, but not limited to, the terms of service or the community guidelines.(d) A person or entity operating a social media platform in the state shall do both of the following:(1) Update the policy statement created pursuant to subdivision (b) as necessary.(2) Consider consulting with nonprofits, safety advocates, and survivors to assist in developing and supporting the policy statement created pursuant to subdivision (b).(e) This chapter shall not apply to a business that generated less than one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year.(f) This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.
22945. (a) For purposes of this chapter, the following definitions apply:(1) (A) Content means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application.(B) Content does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration.(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.(3) Social media platform means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria:(A) (i) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application.(ii) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone.(B) The service or application allows users to do all of the following:(i) Construct a public or semipublic profile for purposes of signing into and using the service.(ii) Populate a list of other users with whom an individual shares a social connection within the system.(iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users.(4) Public or semipublic internet-based service or application excludes a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application.(b) A social media platform that operates in the state shall create, and publicly post on the social media platforms internet website, a policy statement that includes all of the following:(1) The social media platforms policy on the use of the social media platform to illegally distribute a controlled substance.(2) A general description of the social media platforms moderation practices that are employed to prevent users from posting or sharing electronic content pertaining to the illegal distribution of a controlled substance. The description shall not include any information that the social media platform believes might compromise operational efforts to identify prohibited content or user activity, or otherwise endanger user safety.(3) A link to mental health and drug education resources provided by governmental public health authorities.(4) A link to the social media platforms reporting mechanism for illegal or harmful content or behavior on the social media platform, if one exists.(5) A general description of the social media platforms policies and procedures for responding to law enforcement inquiries, including warrants, subpoenas, and other court orders compelling the production of or access to electronic communication information, as defined in Section 1546 of the Penal Code.(6) A general description of the social media platforms policy on the retention of electronic communication information, as defined in Section 1546 of the Penal Code, including how long the platform retains that information.(c) The disclosures required by this section may be posted separately or incorporated within another document or post, including, but not limited to, the terms of service or the community guidelines.(d) A person or entity operating a social media platform in the state shall do both of the following:(1) Update the policy statement created pursuant to subdivision (b) as necessary.(2) Consider consulting with nonprofits, safety advocates, and survivors to assist in developing and supporting the policy statement created pursuant to subdivision (b).(e) This chapter shall not apply to a business that generated less than one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year.(f) This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.
22945. (a) For purposes of this chapter, the following definitions apply:(1) (A) Content means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application.(B) Content does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration.(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.(3) Social media platform means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria:(A) (i) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application.(ii) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone.(B) The service or application allows users to do all of the following:(i) Construct a public or semipublic profile for purposes of signing into and using the service.(ii) Populate a list of other users with whom an individual shares a social connection within the system.(iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users.(4) Public or semipublic internet-based service or application excludes a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application.(b) A social media platform that operates in the state shall create, and publicly post on the social media platforms internet website, a policy statement that includes all of the following:(1) The social media platforms policy on the use of the social media platform to illegally distribute a controlled substance.(2) A general description of the social media platforms moderation practices that are employed to prevent users from posting or sharing electronic content pertaining to the illegal distribution of a controlled substance. The description shall not include any information that the social media platform believes might compromise operational efforts to identify prohibited content or user activity, or otherwise endanger user safety.(3) A link to mental health and drug education resources provided by governmental public health authorities.(4) A link to the social media platforms reporting mechanism for illegal or harmful content or behavior on the social media platform, if one exists.(5) A general description of the social media platforms policies and procedures for responding to law enforcement inquiries, including warrants, subpoenas, and other court orders compelling the production of or access to electronic communication information, as defined in Section 1546 of the Penal Code.(6) A general description of the social media platforms policy on the retention of electronic communication information, as defined in Section 1546 of the Penal Code, including how long the platform retains that information.(c) The disclosures required by this section may be posted separately or incorporated within another document or post, including, but not limited to, the terms of service or the community guidelines.(d) A person or entity operating a social media platform in the state shall do both of the following:(1) Update the policy statement created pursuant to subdivision (b) as necessary.(2) Consider consulting with nonprofits, safety advocates, and survivors to assist in developing and supporting the policy statement created pursuant to subdivision (b).(e) This chapter shall not apply to a business that generated less than one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year.(f) This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.
22945. (a) For purposes of this chapter, the following definitions apply:
(1) (A) Content means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application.
(B) Content does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration.
(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.
(3) Social media platform means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria:
(A) (i) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application.
(ii) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone.
(B) The service or application allows users to do all of the following:
(i) Construct a public or semipublic profile for purposes of signing into and using the service.
(ii) Populate a list of other users with whom an individual shares a social connection within the system.
(iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users.
(4) Public or semipublic internet-based service or application excludes a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application.
(b) A social media platform that operates in the state shall create, and publicly post on the social media platforms internet website, a policy statement that includes all of the following:
(1) The social media platforms policy on the use of the social media platform to illegally distribute a controlled substance.
(2) A general description of the social media platforms moderation practices that are employed to prevent users from posting or sharing electronic content pertaining to the illegal distribution of a controlled substance. The description shall not include any information that the social media platform believes might compromise operational efforts to identify prohibited content or user activity, or otherwise endanger user safety.
(3) A link to mental health and drug education resources provided by governmental public health authorities.
(4) A link to the social media platforms reporting mechanism for illegal or harmful content or behavior on the social media platform, if one exists.
(5) A general description of the social media platforms policies and procedures for responding to law enforcement inquiries, including warrants, subpoenas, and other court orders compelling the production of or access to electronic communication information, as defined in Section 1546 of the Penal Code.
(6) A general description of the social media platforms policy on the retention of electronic communication information, as defined in Section 1546 of the Penal Code, including how long the platform retains that information.
(c) The disclosures required by this section may be posted separately or incorporated within another document or post, including, but not limited to, the terms of service or the community guidelines.
(d) A person or entity operating a social media platform in the state shall do both of the following:
(1) Update the policy statement created pursuant to subdivision (b) as necessary.
(2) Consider consulting with nonprofits, safety advocates, and survivors to assist in developing and supporting the policy statement created pursuant to subdivision (b).
(e) This chapter shall not apply to a business that generated less than one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year.
(f) This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.
It is the intent of the Legislature to provide additional time for law enforcement to maintain communication with social media platforms for incidents regarding minors.
(a)Except as provided in subdivision (b), a social media platform shall maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made.
(b)This section does not apply to information that is the subject of a consumer request to delete the information pursuant to Section 1798.105 of the Civil Code.
(c)A social media platform that has knowingly or willfully violated subdivision (a) shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation and reasonable attorneys fees and costs. A court may also grant injunctive relief in an action brought pursuant to this section. These penalties may be recovered only in a civil action brought in a court of competent jurisdiction by any of the following:
(1)The Attorney General in the name of the people of the State of California.
(2)A district attorney, county counsel, or city attorney for the jurisdiction in which the violation occurred.
(3)A city prosecutor in any city having a full-time city prosecutor, with the consent of the district attorney.
(d)For purposes of this section, social media platform has the same meaning as Section 22945.