Amended IN Senate July 03, 2023 Amended IN Senate June 20, 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. 1027Introduced by Assembly Member Petrie-NorrisFebruary 15, 2023An act to amend Section Sections 22677 and 22945 of, and to add Sections 22945.5 22945.3 and 22945.7 to, the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTAB 1027, as amended, Petrie-Norris. Social media platforms: drug safety policies.Existing law, the California Consumer Privacy Act of 2018 (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. 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.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 requires a social media company, as defined, to submit reports, as specified, starting no later than January 1, 2024, to the Attorney General, including, but not limited to, the current version of the terms of service for each social media platform owned or operated by the company, specified categories of content and what policies the social media company has for that platform to address that content, and data related to violations of the terms of service for each platform. Existing law requires the Attorney General to make all terms of service reports submitted pursuant to those provisions available to the public in a searchable repository on its official internet website.This bill would add to those categories of content the distribution of controlled substances.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. Existing law exempts from these requirements a business that generated less than $100,000,000 in gross revenue during the preceding calendar year.This bill would delete the above-described exemption extend the above provisions indefinitely, delete the above described exemption, and would require the policy statement to include a general description of the social media platforms policy on the retention of electronic communication information, information and policies and procedures governing when a platform proactively shares relevant information pertaining to distribution of a controlled substance, as specified. The bill would require a social media platform to retain actioned content or electronic communication information, as defined, content it has taken down or removed for a violation of its policy related to controlled substances, as specified, for a period of 90 days and to report usernames, handles, or account or subscriber names that generated actioned content to the Attorney General monthly. The bill would impose a fine of up to $190,000 for an initial violation and up to $380,000 for a subsequent violation for a knowing and willful failure to report and would make the reports confidential, subject to certain exceptions. days. The bill would clarify that these provisions do not prohibit a platform from providing information to law enforcement under certain circumstances, and would require the Attorney General to identify a point of contact for these reports. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.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. Section 22677 of the Business and Professions Code is amended to read:22677. (a) On a semiannual basis in accordance with subdivision (b), a social media company shall submit to the Attorney General a terms of service report. The terms of service report shall include, for each social media platform owned or operated by the company, all of the following:(1) The current version of the terms of service of the social media platform.(2) If a social media company has filed its first report, a complete and detailed description of any changes to the terms of service since the previous report.(3) A statement of whether the current version of the terms of service defines each of the following categories of content, and, if so, the definitions of those categories, including any subcategories:(A) Hate speech or racism.(B) Extremism or radicalization.(C) Disinformation or misinformation.(D) Harassment.(E) Foreign political interference.(F) Controlled substance distribution.(4) A detailed description of content moderation practices used by the social media company for that platform, including, but not limited to, all of the following:(A) Any existing policies intended to address the categories of content described in paragraph (3).(B) How automated content moderation systems enforce terms of service of the social media platform and when these systems involve human review.(C) How the social media company responds to user reports of violations of the terms of service.(D) How the social media company would remove individual pieces of content, users, or groups that violate the terms of service, or take broader action against individual users or against groups of users that violate the terms of service.(E) The languages in which the social media platform does not make terms of service available, but does offer product features, including, but not limited to, menus and prompts.(5) (A) Information on content that was flagged by the social media company as content belonging to any of the categories described in paragraph (3), including all of the following:(i) The total number of flagged items of content.(ii) The total number of actioned items of content.(iii) The total number of actioned items of content that resulted in action taken by the social media company against the user or group of users responsible for the content.(iv) The total number of actioned items of content that were removed, demonetized, or deprioritized by the social media company.(v) The number of times actioned items of content were viewed by users.(vi) The number of times actioned items of content were shared, and the number of users that viewed the content before it was actioned.(vii) The number of times users appealed social media company actions taken on that platform and the number of reversals of social media company actions on appeal disaggregated by each type of action.(B) All information required by subparagraph (A) shall be disaggregated into the following categories:(i) The category of content, including any relevant categories described in paragraph (3).(ii) The type of content, including, but not limited to, posts, comments, messages, profiles of users, or groups of users.(iii) The type of media of the content, including, but not limited to, text, images, and videos.(iv) How the content was flagged, including, but not limited to, flagged by company employees or contractors, flagged by artificial intelligence software, flagged by community moderators, flagged by civil society partners, and flagged by users.(v) How the content was actioned, including, but not limited to, actioned by company employees or contractors, actioned by artificial intelligence software, actioned by community moderators, actioned by civil society partners, and actioned by users.(b) (1) A social media company shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the third and fourth quarters of the preceding calendar year, to the Attorney General no later than April 1 of each year, and shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the first and second quarters of the current calendar year, to the Attorney General no later than October 1 of each year.(2) Notwithstanding paragraph (1), a social media company shall electronically submit its first terms of service report pursuant to subdivision (a), covering activity within the third quarter of 2023, to the Attorney General no later than January 1, 2024, and shall electronically submit its second terms of service report pursuant to subdivision (a), covering activity within the fourth quarter of 2023, to the Attorney General no later than April 1, 2024. A social media platform shall submit its third report no later than October 1, 2024, in accordance with paragraph (1).(c) The Attorney General shall make all terms of service reports submitted pursuant to this section available to the public in a searchable repository on its official internet website.SECTION 1.SEC. 2. Section 22945 of the Business and Professions Code is amended to read:22945. (a) For purposes of this chapter, the following definitions apply:(1)Actioned means a social media platform, due to a suspected or confirmed violation of its policy on the use of the social media platform to illegally distribute a controlled substance, has taken some form of action, including, but not limited to, removal, demonetization, deprioritization, or banning, against the relevant user or relevant item of content. (2)(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.(3)(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.(4)(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.(5)(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. platform.(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.(7) A general description of the social media platforms policies and procedures governing when a platform proactively shares relevant information pertaining to the illegal distribution of a controlled substance.(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 all 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).(3)Retain actioned content or electronic communication information, as defined in Section 1546 of the Penal Code, for a period of 90 days.(4)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code, report usernames, handles, or account or subscriber names that generated actioned content, to the Attorney General every month. A report made pursuant to this paragraph shall be confidential and shall contain only the username, handle, or account or subscriber name. A report pursuant to this paragraph shall not contain any content or other electronic communication information, as defined in Section 1546 of the Penal Code. A social media platform that knowingly and willfully fails to report as required by this paragraph shall be subject to a fine of not more than one hundred ninety thousand dollars ($190,000), for an initial violation, and no more than three hundred eighty thousand dollars ($380,000) for any subsequent violation. (e)This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.(3) A social media platform shall retain data on content it has taken action to take down or remove for a violation of a policy prohibiting the unlawful sale, distribution, amplification, or otherwise proliferation of controlled substances and related paraphernalia. A social media platform shall retain the content that violated a policy and the user name of the violating account at issue for a period of 90 days.SEC. 3. Section 22945.3 is added to the Business and Professions Code, to read:22945.3. (a) This chapter does not prohibit a social media platform from disclosing account and user information when requested by law enforcement pursuant to Section 1798.145 of the Civil Code.(b) The Attorney General shall identify a clear and designated point of contact within the Department of Justice to direct reports by a social media platform of actioned content or accounts that indicate an eminent threat to human life. SEC. 2.Section 22945.5 is added to the Business and Professions Code, to read:22945.5.(a)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code and paragraph (4) of subdivision (d) of Section 22945, the Attorney General shall make a copy of a report made pursuant to paragraph (4) of subdivision (d) of Section 22945 to other federal, state, or local law enforcement agencies involved in the investigation of unlawful controlled substance distribution.(b)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code and paragraph (4) of subdivision (d) of Section 22945, a law enforcement agency may disclose a report or information in a report received pursuant to subdivision (a), in all of the following circumstances:(1)To an attorney for the federal, state, or local government for use in the performance of official duties of the attorney.(2)To officers and employees of the law enforcement agency as necessary to perform their investigative and recordkeeping functions.(3)To other government personnel, as determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing criminal law.(4)To a defendant in a criminal case to the extent the information relates to a criminal charge pending against that defendant.(5)As ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose.SEC. 3.SEC. 4. Section 22945.7 is added to the Business and Professions Code, to read:22945.7. This chapter does not authorize a governmental entity to compel the production of or access to content or electronic communication information, as defined in Section 1546 of the Penal Code, from a service provider, or compel the production of or access to electronic device information, as defined in Section 1546 of the Penal Code, from any person or entity other than the authorized possessor of the device except pursuant to Section 1546.1 of the Penal Code and Section 22945.SEC. 4.The Legislature finds and declares that Section 1 of this act, which amends Section 22945 of the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:Further the need to protect the investigative techniques of law enforcement and privacy of individuals arrested and prosecuted for crimes while balancing the publics right to access.
Amended IN Senate July 03, 2023 Amended IN Senate June 20, 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. 1027Introduced by Assembly Member Petrie-NorrisFebruary 15, 2023An act to amend Section Sections 22677 and 22945 of, and to add Sections 22945.5 22945.3 and 22945.7 to, the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTAB 1027, as amended, Petrie-Norris. Social media platforms: drug safety policies.Existing law, the California Consumer Privacy Act of 2018 (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. 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.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 requires a social media company, as defined, to submit reports, as specified, starting no later than January 1, 2024, to the Attorney General, including, but not limited to, the current version of the terms of service for each social media platform owned or operated by the company, specified categories of content and what policies the social media company has for that platform to address that content, and data related to violations of the terms of service for each platform. Existing law requires the Attorney General to make all terms of service reports submitted pursuant to those provisions available to the public in a searchable repository on its official internet website.This bill would add to those categories of content the distribution of controlled substances.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. Existing law exempts from these requirements a business that generated less than $100,000,000 in gross revenue during the preceding calendar year.This bill would delete the above-described exemption extend the above provisions indefinitely, delete the above described exemption, and would require the policy statement to include a general description of the social media platforms policy on the retention of electronic communication information, information and policies and procedures governing when a platform proactively shares relevant information pertaining to distribution of a controlled substance, as specified. The bill would require a social media platform to retain actioned content or electronic communication information, as defined, content it has taken down or removed for a violation of its policy related to controlled substances, as specified, for a period of 90 days and to report usernames, handles, or account or subscriber names that generated actioned content to the Attorney General monthly. The bill would impose a fine of up to $190,000 for an initial violation and up to $380,000 for a subsequent violation for a knowing and willful failure to report and would make the reports confidential, subject to certain exceptions. days. The bill would clarify that these provisions do not prohibit a platform from providing information to law enforcement under certain circumstances, and would require the Attorney General to identify a point of contact for these reports. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate July 03, 2023 Amended IN Senate June 20, 2023 Amended IN Assembly April 27, 2023 Amended IN Assembly April 06, 2023 Amended IN Assembly March 23, 2023
Amended IN Senate July 03, 2023
Amended IN Senate June 20, 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 Section Sections 22677 and 22945 of, and to add Sections 22945.5 22945.3 and 22945.7 to, 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: drug safety policies.
Existing law, the California Consumer Privacy Act of 2018 (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. 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.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 requires a social media company, as defined, to submit reports, as specified, starting no later than January 1, 2024, to the Attorney General, including, but not limited to, the current version of the terms of service for each social media platform owned or operated by the company, specified categories of content and what policies the social media company has for that platform to address that content, and data related to violations of the terms of service for each platform. Existing law requires the Attorney General to make all terms of service reports submitted pursuant to those provisions available to the public in a searchable repository on its official internet website.This bill would add to those categories of content the distribution of controlled substances.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. Existing law exempts from these requirements a business that generated less than $100,000,000 in gross revenue during the preceding calendar year.This bill would delete the above-described exemption extend the above provisions indefinitely, delete the above described exemption, and would require the policy statement to include a general description of the social media platforms policy on the retention of electronic communication information, information and policies and procedures governing when a platform proactively shares relevant information pertaining to distribution of a controlled substance, as specified. The bill would require a social media platform to retain actioned content or electronic communication information, as defined, content it has taken down or removed for a violation of its policy related to controlled substances, as specified, for a period of 90 days and to report usernames, handles, or account or subscriber names that generated actioned content to the Attorney General monthly. The bill would impose a fine of up to $190,000 for an initial violation and up to $380,000 for a subsequent violation for a knowing and willful failure to report and would make the reports confidential, subject to certain exceptions. days. The bill would clarify that these provisions do not prohibit a platform from providing information to law enforcement under certain circumstances, and would require the Attorney General to identify a point of contact for these reports. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
Existing law, the California Consumer Privacy Act of 2018 (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. 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.
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 requires a social media company, as defined, to submit reports, as specified, starting no later than January 1, 2024, to the Attorney General, including, but not limited to, the current version of the terms of service for each social media platform owned or operated by the company, specified categories of content and what policies the social media company has for that platform to address that content, and data related to violations of the terms of service for each platform. Existing law requires the Attorney General to make all terms of service reports submitted pursuant to those provisions available to the public in a searchable repository on its official internet website.
This bill would add to those categories of content the distribution of controlled substances.
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. Existing law exempts from these requirements a business that generated less than $100,000,000 in gross revenue during the preceding calendar year.
This bill would delete the above-described exemption extend the above provisions indefinitely, delete the above described exemption, and would require the policy statement to include a general description of the social media platforms policy on the retention of electronic communication information, information and policies and procedures governing when a platform proactively shares relevant information pertaining to distribution of a controlled substance, as specified. The bill would require a social media platform to retain actioned content or electronic communication information, as defined, content it has taken down or removed for a violation of its policy related to controlled substances, as specified, for a period of 90 days and to report usernames, handles, or account or subscriber names that generated actioned content to the Attorney General monthly. The bill would impose a fine of up to $190,000 for an initial violation and up to $380,000 for a subsequent violation for a knowing and willful failure to report and would make the reports confidential, subject to certain exceptions. days. The bill would clarify that these provisions do not prohibit a platform from providing information to law enforcement under certain circumstances, and would require the Attorney General to identify a point of contact for these reports.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 22677 of the Business and Professions Code is amended to read:22677. (a) On a semiannual basis in accordance with subdivision (b), a social media company shall submit to the Attorney General a terms of service report. The terms of service report shall include, for each social media platform owned or operated by the company, all of the following:(1) The current version of the terms of service of the social media platform.(2) If a social media company has filed its first report, a complete and detailed description of any changes to the terms of service since the previous report.(3) A statement of whether the current version of the terms of service defines each of the following categories of content, and, if so, the definitions of those categories, including any subcategories:(A) Hate speech or racism.(B) Extremism or radicalization.(C) Disinformation or misinformation.(D) Harassment.(E) Foreign political interference.(F) Controlled substance distribution.(4) A detailed description of content moderation practices used by the social media company for that platform, including, but not limited to, all of the following:(A) Any existing policies intended to address the categories of content described in paragraph (3).(B) How automated content moderation systems enforce terms of service of the social media platform and when these systems involve human review.(C) How the social media company responds to user reports of violations of the terms of service.(D) How the social media company would remove individual pieces of content, users, or groups that violate the terms of service, or take broader action against individual users or against groups of users that violate the terms of service.(E) The languages in which the social media platform does not make terms of service available, but does offer product features, including, but not limited to, menus and prompts.(5) (A) Information on content that was flagged by the social media company as content belonging to any of the categories described in paragraph (3), including all of the following:(i) The total number of flagged items of content.(ii) The total number of actioned items of content.(iii) The total number of actioned items of content that resulted in action taken by the social media company against the user or group of users responsible for the content.(iv) The total number of actioned items of content that were removed, demonetized, or deprioritized by the social media company.(v) The number of times actioned items of content were viewed by users.(vi) The number of times actioned items of content were shared, and the number of users that viewed the content before it was actioned.(vii) The number of times users appealed social media company actions taken on that platform and the number of reversals of social media company actions on appeal disaggregated by each type of action.(B) All information required by subparagraph (A) shall be disaggregated into the following categories:(i) The category of content, including any relevant categories described in paragraph (3).(ii) The type of content, including, but not limited to, posts, comments, messages, profiles of users, or groups of users.(iii) The type of media of the content, including, but not limited to, text, images, and videos.(iv) How the content was flagged, including, but not limited to, flagged by company employees or contractors, flagged by artificial intelligence software, flagged by community moderators, flagged by civil society partners, and flagged by users.(v) How the content was actioned, including, but not limited to, actioned by company employees or contractors, actioned by artificial intelligence software, actioned by community moderators, actioned by civil society partners, and actioned by users.(b) (1) A social media company shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the third and fourth quarters of the preceding calendar year, to the Attorney General no later than April 1 of each year, and shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the first and second quarters of the current calendar year, to the Attorney General no later than October 1 of each year.(2) Notwithstanding paragraph (1), a social media company shall electronically submit its first terms of service report pursuant to subdivision (a), covering activity within the third quarter of 2023, to the Attorney General no later than January 1, 2024, and shall electronically submit its second terms of service report pursuant to subdivision (a), covering activity within the fourth quarter of 2023, to the Attorney General no later than April 1, 2024. A social media platform shall submit its third report no later than October 1, 2024, in accordance with paragraph (1).(c) The Attorney General shall make all terms of service reports submitted pursuant to this section available to the public in a searchable repository on its official internet website.SECTION 1.SEC. 2. Section 22945 of the Business and Professions Code is amended to read:22945. (a) For purposes of this chapter, the following definitions apply:(1)Actioned means a social media platform, due to a suspected or confirmed violation of its policy on the use of the social media platform to illegally distribute a controlled substance, has taken some form of action, including, but not limited to, removal, demonetization, deprioritization, or banning, against the relevant user or relevant item of content. (2)(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.(3)(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.(4)(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.(5)(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. platform.(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.(7) A general description of the social media platforms policies and procedures governing when a platform proactively shares relevant information pertaining to the illegal distribution of a controlled substance.(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 all 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).(3)Retain actioned content or electronic communication information, as defined in Section 1546 of the Penal Code, for a period of 90 days.(4)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code, report usernames, handles, or account or subscriber names that generated actioned content, to the Attorney General every month. A report made pursuant to this paragraph shall be confidential and shall contain only the username, handle, or account or subscriber name. A report pursuant to this paragraph shall not contain any content or other electronic communication information, as defined in Section 1546 of the Penal Code. A social media platform that knowingly and willfully fails to report as required by this paragraph shall be subject to a fine of not more than one hundred ninety thousand dollars ($190,000), for an initial violation, and no more than three hundred eighty thousand dollars ($380,000) for any subsequent violation. (e)This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.(3) A social media platform shall retain data on content it has taken action to take down or remove for a violation of a policy prohibiting the unlawful sale, distribution, amplification, or otherwise proliferation of controlled substances and related paraphernalia. A social media platform shall retain the content that violated a policy and the user name of the violating account at issue for a period of 90 days.SEC. 3. Section 22945.3 is added to the Business and Professions Code, to read:22945.3. (a) This chapter does not prohibit a social media platform from disclosing account and user information when requested by law enforcement pursuant to Section 1798.145 of the Civil Code.(b) The Attorney General shall identify a clear and designated point of contact within the Department of Justice to direct reports by a social media platform of actioned content or accounts that indicate an eminent threat to human life. SEC. 2.Section 22945.5 is added to the Business and Professions Code, to read:22945.5.(a)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code and paragraph (4) of subdivision (d) of Section 22945, the Attorney General shall make a copy of a report made pursuant to paragraph (4) of subdivision (d) of Section 22945 to other federal, state, or local law enforcement agencies involved in the investigation of unlawful controlled substance distribution.(b)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code and paragraph (4) of subdivision (d) of Section 22945, a law enforcement agency may disclose a report or information in a report received pursuant to subdivision (a), in all of the following circumstances:(1)To an attorney for the federal, state, or local government for use in the performance of official duties of the attorney.(2)To officers and employees of the law enforcement agency as necessary to perform their investigative and recordkeeping functions.(3)To other government personnel, as determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing criminal law.(4)To a defendant in a criminal case to the extent the information relates to a criminal charge pending against that defendant.(5)As ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose.SEC. 3.SEC. 4. Section 22945.7 is added to the Business and Professions Code, to read:22945.7. This chapter does not authorize a governmental entity to compel the production of or access to content or electronic communication information, as defined in Section 1546 of the Penal Code, from a service provider, or compel the production of or access to electronic device information, as defined in Section 1546 of the Penal Code, from any person or entity other than the authorized possessor of the device except pursuant to Section 1546.1 of the Penal Code and Section 22945.SEC. 4.The Legislature finds and declares that Section 1 of this act, which amends Section 22945 of the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:Further the need to protect the investigative techniques of law enforcement and privacy of individuals arrested and prosecuted for crimes while balancing the publics right to access.
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 22677 of the Business and Professions Code is amended to read:22677. (a) On a semiannual basis in accordance with subdivision (b), a social media company shall submit to the Attorney General a terms of service report. The terms of service report shall include, for each social media platform owned or operated by the company, all of the following:(1) The current version of the terms of service of the social media platform.(2) If a social media company has filed its first report, a complete and detailed description of any changes to the terms of service since the previous report.(3) A statement of whether the current version of the terms of service defines each of the following categories of content, and, if so, the definitions of those categories, including any subcategories:(A) Hate speech or racism.(B) Extremism or radicalization.(C) Disinformation or misinformation.(D) Harassment.(E) Foreign political interference.(F) Controlled substance distribution.(4) A detailed description of content moderation practices used by the social media company for that platform, including, but not limited to, all of the following:(A) Any existing policies intended to address the categories of content described in paragraph (3).(B) How automated content moderation systems enforce terms of service of the social media platform and when these systems involve human review.(C) How the social media company responds to user reports of violations of the terms of service.(D) How the social media company would remove individual pieces of content, users, or groups that violate the terms of service, or take broader action against individual users or against groups of users that violate the terms of service.(E) The languages in which the social media platform does not make terms of service available, but does offer product features, including, but not limited to, menus and prompts.(5) (A) Information on content that was flagged by the social media company as content belonging to any of the categories described in paragraph (3), including all of the following:(i) The total number of flagged items of content.(ii) The total number of actioned items of content.(iii) The total number of actioned items of content that resulted in action taken by the social media company against the user or group of users responsible for the content.(iv) The total number of actioned items of content that were removed, demonetized, or deprioritized by the social media company.(v) The number of times actioned items of content were viewed by users.(vi) The number of times actioned items of content were shared, and the number of users that viewed the content before it was actioned.(vii) The number of times users appealed social media company actions taken on that platform and the number of reversals of social media company actions on appeal disaggregated by each type of action.(B) All information required by subparagraph (A) shall be disaggregated into the following categories:(i) The category of content, including any relevant categories described in paragraph (3).(ii) The type of content, including, but not limited to, posts, comments, messages, profiles of users, or groups of users.(iii) The type of media of the content, including, but not limited to, text, images, and videos.(iv) How the content was flagged, including, but not limited to, flagged by company employees or contractors, flagged by artificial intelligence software, flagged by community moderators, flagged by civil society partners, and flagged by users.(v) How the content was actioned, including, but not limited to, actioned by company employees or contractors, actioned by artificial intelligence software, actioned by community moderators, actioned by civil society partners, and actioned by users.(b) (1) A social media company shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the third and fourth quarters of the preceding calendar year, to the Attorney General no later than April 1 of each year, and shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the first and second quarters of the current calendar year, to the Attorney General no later than October 1 of each year.(2) Notwithstanding paragraph (1), a social media company shall electronically submit its first terms of service report pursuant to subdivision (a), covering activity within the third quarter of 2023, to the Attorney General no later than January 1, 2024, and shall electronically submit its second terms of service report pursuant to subdivision (a), covering activity within the fourth quarter of 2023, to the Attorney General no later than April 1, 2024. A social media platform shall submit its third report no later than October 1, 2024, in accordance with paragraph (1).(c) The Attorney General shall make all terms of service reports submitted pursuant to this section available to the public in a searchable repository on its official internet website.
SECTION 1. Section 22677 of the Business and Professions Code is amended to read:
### SECTION 1.
22677. (a) On a semiannual basis in accordance with subdivision (b), a social media company shall submit to the Attorney General a terms of service report. The terms of service report shall include, for each social media platform owned or operated by the company, all of the following:(1) The current version of the terms of service of the social media platform.(2) If a social media company has filed its first report, a complete and detailed description of any changes to the terms of service since the previous report.(3) A statement of whether the current version of the terms of service defines each of the following categories of content, and, if so, the definitions of those categories, including any subcategories:(A) Hate speech or racism.(B) Extremism or radicalization.(C) Disinformation or misinformation.(D) Harassment.(E) Foreign political interference.(F) Controlled substance distribution.(4) A detailed description of content moderation practices used by the social media company for that platform, including, but not limited to, all of the following:(A) Any existing policies intended to address the categories of content described in paragraph (3).(B) How automated content moderation systems enforce terms of service of the social media platform and when these systems involve human review.(C) How the social media company responds to user reports of violations of the terms of service.(D) How the social media company would remove individual pieces of content, users, or groups that violate the terms of service, or take broader action against individual users or against groups of users that violate the terms of service.(E) The languages in which the social media platform does not make terms of service available, but does offer product features, including, but not limited to, menus and prompts.(5) (A) Information on content that was flagged by the social media company as content belonging to any of the categories described in paragraph (3), including all of the following:(i) The total number of flagged items of content.(ii) The total number of actioned items of content.(iii) The total number of actioned items of content that resulted in action taken by the social media company against the user or group of users responsible for the content.(iv) The total number of actioned items of content that were removed, demonetized, or deprioritized by the social media company.(v) The number of times actioned items of content were viewed by users.(vi) The number of times actioned items of content were shared, and the number of users that viewed the content before it was actioned.(vii) The number of times users appealed social media company actions taken on that platform and the number of reversals of social media company actions on appeal disaggregated by each type of action.(B) All information required by subparagraph (A) shall be disaggregated into the following categories:(i) The category of content, including any relevant categories described in paragraph (3).(ii) The type of content, including, but not limited to, posts, comments, messages, profiles of users, or groups of users.(iii) The type of media of the content, including, but not limited to, text, images, and videos.(iv) How the content was flagged, including, but not limited to, flagged by company employees or contractors, flagged by artificial intelligence software, flagged by community moderators, flagged by civil society partners, and flagged by users.(v) How the content was actioned, including, but not limited to, actioned by company employees or contractors, actioned by artificial intelligence software, actioned by community moderators, actioned by civil society partners, and actioned by users.(b) (1) A social media company shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the third and fourth quarters of the preceding calendar year, to the Attorney General no later than April 1 of each year, and shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the first and second quarters of the current calendar year, to the Attorney General no later than October 1 of each year.(2) Notwithstanding paragraph (1), a social media company shall electronically submit its first terms of service report pursuant to subdivision (a), covering activity within the third quarter of 2023, to the Attorney General no later than January 1, 2024, and shall electronically submit its second terms of service report pursuant to subdivision (a), covering activity within the fourth quarter of 2023, to the Attorney General no later than April 1, 2024. A social media platform shall submit its third report no later than October 1, 2024, in accordance with paragraph (1).(c) The Attorney General shall make all terms of service reports submitted pursuant to this section available to the public in a searchable repository on its official internet website.
22677. (a) On a semiannual basis in accordance with subdivision (b), a social media company shall submit to the Attorney General a terms of service report. The terms of service report shall include, for each social media platform owned or operated by the company, all of the following:(1) The current version of the terms of service of the social media platform.(2) If a social media company has filed its first report, a complete and detailed description of any changes to the terms of service since the previous report.(3) A statement of whether the current version of the terms of service defines each of the following categories of content, and, if so, the definitions of those categories, including any subcategories:(A) Hate speech or racism.(B) Extremism or radicalization.(C) Disinformation or misinformation.(D) Harassment.(E) Foreign political interference.(F) Controlled substance distribution.(4) A detailed description of content moderation practices used by the social media company for that platform, including, but not limited to, all of the following:(A) Any existing policies intended to address the categories of content described in paragraph (3).(B) How automated content moderation systems enforce terms of service of the social media platform and when these systems involve human review.(C) How the social media company responds to user reports of violations of the terms of service.(D) How the social media company would remove individual pieces of content, users, or groups that violate the terms of service, or take broader action against individual users or against groups of users that violate the terms of service.(E) The languages in which the social media platform does not make terms of service available, but does offer product features, including, but not limited to, menus and prompts.(5) (A) Information on content that was flagged by the social media company as content belonging to any of the categories described in paragraph (3), including all of the following:(i) The total number of flagged items of content.(ii) The total number of actioned items of content.(iii) The total number of actioned items of content that resulted in action taken by the social media company against the user or group of users responsible for the content.(iv) The total number of actioned items of content that were removed, demonetized, or deprioritized by the social media company.(v) The number of times actioned items of content were viewed by users.(vi) The number of times actioned items of content were shared, and the number of users that viewed the content before it was actioned.(vii) The number of times users appealed social media company actions taken on that platform and the number of reversals of social media company actions on appeal disaggregated by each type of action.(B) All information required by subparagraph (A) shall be disaggregated into the following categories:(i) The category of content, including any relevant categories described in paragraph (3).(ii) The type of content, including, but not limited to, posts, comments, messages, profiles of users, or groups of users.(iii) The type of media of the content, including, but not limited to, text, images, and videos.(iv) How the content was flagged, including, but not limited to, flagged by company employees or contractors, flagged by artificial intelligence software, flagged by community moderators, flagged by civil society partners, and flagged by users.(v) How the content was actioned, including, but not limited to, actioned by company employees or contractors, actioned by artificial intelligence software, actioned by community moderators, actioned by civil society partners, and actioned by users.(b) (1) A social media company shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the third and fourth quarters of the preceding calendar year, to the Attorney General no later than April 1 of each year, and shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the first and second quarters of the current calendar year, to the Attorney General no later than October 1 of each year.(2) Notwithstanding paragraph (1), a social media company shall electronically submit its first terms of service report pursuant to subdivision (a), covering activity within the third quarter of 2023, to the Attorney General no later than January 1, 2024, and shall electronically submit its second terms of service report pursuant to subdivision (a), covering activity within the fourth quarter of 2023, to the Attorney General no later than April 1, 2024. A social media platform shall submit its third report no later than October 1, 2024, in accordance with paragraph (1).(c) The Attorney General shall make all terms of service reports submitted pursuant to this section available to the public in a searchable repository on its official internet website.
22677. (a) On a semiannual basis in accordance with subdivision (b), a social media company shall submit to the Attorney General a terms of service report. The terms of service report shall include, for each social media platform owned or operated by the company, all of the following:(1) The current version of the terms of service of the social media platform.(2) If a social media company has filed its first report, a complete and detailed description of any changes to the terms of service since the previous report.(3) A statement of whether the current version of the terms of service defines each of the following categories of content, and, if so, the definitions of those categories, including any subcategories:(A) Hate speech or racism.(B) Extremism or radicalization.(C) Disinformation or misinformation.(D) Harassment.(E) Foreign political interference.(F) Controlled substance distribution.(4) A detailed description of content moderation practices used by the social media company for that platform, including, but not limited to, all of the following:(A) Any existing policies intended to address the categories of content described in paragraph (3).(B) How automated content moderation systems enforce terms of service of the social media platform and when these systems involve human review.(C) How the social media company responds to user reports of violations of the terms of service.(D) How the social media company would remove individual pieces of content, users, or groups that violate the terms of service, or take broader action against individual users or against groups of users that violate the terms of service.(E) The languages in which the social media platform does not make terms of service available, but does offer product features, including, but not limited to, menus and prompts.(5) (A) Information on content that was flagged by the social media company as content belonging to any of the categories described in paragraph (3), including all of the following:(i) The total number of flagged items of content.(ii) The total number of actioned items of content.(iii) The total number of actioned items of content that resulted in action taken by the social media company against the user or group of users responsible for the content.(iv) The total number of actioned items of content that were removed, demonetized, or deprioritized by the social media company.(v) The number of times actioned items of content were viewed by users.(vi) The number of times actioned items of content were shared, and the number of users that viewed the content before it was actioned.(vii) The number of times users appealed social media company actions taken on that platform and the number of reversals of social media company actions on appeal disaggregated by each type of action.(B) All information required by subparagraph (A) shall be disaggregated into the following categories:(i) The category of content, including any relevant categories described in paragraph (3).(ii) The type of content, including, but not limited to, posts, comments, messages, profiles of users, or groups of users.(iii) The type of media of the content, including, but not limited to, text, images, and videos.(iv) How the content was flagged, including, but not limited to, flagged by company employees or contractors, flagged by artificial intelligence software, flagged by community moderators, flagged by civil society partners, and flagged by users.(v) How the content was actioned, including, but not limited to, actioned by company employees or contractors, actioned by artificial intelligence software, actioned by community moderators, actioned by civil society partners, and actioned by users.(b) (1) A social media company shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the third and fourth quarters of the preceding calendar year, to the Attorney General no later than April 1 of each year, and shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the first and second quarters of the current calendar year, to the Attorney General no later than October 1 of each year.(2) Notwithstanding paragraph (1), a social media company shall electronically submit its first terms of service report pursuant to subdivision (a), covering activity within the third quarter of 2023, to the Attorney General no later than January 1, 2024, and shall electronically submit its second terms of service report pursuant to subdivision (a), covering activity within the fourth quarter of 2023, to the Attorney General no later than April 1, 2024. A social media platform shall submit its third report no later than October 1, 2024, in accordance with paragraph (1).(c) The Attorney General shall make all terms of service reports submitted pursuant to this section available to the public in a searchable repository on its official internet website.
22677. (a) On a semiannual basis in accordance with subdivision (b), a social media company shall submit to the Attorney General a terms of service report. The terms of service report shall include, for each social media platform owned or operated by the company, all of the following:
(1) The current version of the terms of service of the social media platform.
(2) If a social media company has filed its first report, a complete and detailed description of any changes to the terms of service since the previous report.
(3) A statement of whether the current version of the terms of service defines each of the following categories of content, and, if so, the definitions of those categories, including any subcategories:
(A) Hate speech or racism.
(B) Extremism or radicalization.
(C) Disinformation or misinformation.
(D) Harassment.
(E) Foreign political interference.
(F) Controlled substance distribution.
(4) A detailed description of content moderation practices used by the social media company for that platform, including, but not limited to, all of the following:
(A) Any existing policies intended to address the categories of content described in paragraph (3).
(B) How automated content moderation systems enforce terms of service of the social media platform and when these systems involve human review.
(C) How the social media company responds to user reports of violations of the terms of service.
(D) How the social media company would remove individual pieces of content, users, or groups that violate the terms of service, or take broader action against individual users or against groups of users that violate the terms of service.
(E) The languages in which the social media platform does not make terms of service available, but does offer product features, including, but not limited to, menus and prompts.
(5) (A) Information on content that was flagged by the social media company as content belonging to any of the categories described in paragraph (3), including all of the following:
(i) The total number of flagged items of content.
(ii) The total number of actioned items of content.
(iii) The total number of actioned items of content that resulted in action taken by the social media company against the user or group of users responsible for the content.
(iv) The total number of actioned items of content that were removed, demonetized, or deprioritized by the social media company.
(v) The number of times actioned items of content were viewed by users.
(vi) The number of times actioned items of content were shared, and the number of users that viewed the content before it was actioned.
(vii) The number of times users appealed social media company actions taken on that platform and the number of reversals of social media company actions on appeal disaggregated by each type of action.
(B) All information required by subparagraph (A) shall be disaggregated into the following categories:
(i) The category of content, including any relevant categories described in paragraph (3).
(ii) The type of content, including, but not limited to, posts, comments, messages, profiles of users, or groups of users.
(iii) The type of media of the content, including, but not limited to, text, images, and videos.
(iv) How the content was flagged, including, but not limited to, flagged by company employees or contractors, flagged by artificial intelligence software, flagged by community moderators, flagged by civil society partners, and flagged by users.
(v) How the content was actioned, including, but not limited to, actioned by company employees or contractors, actioned by artificial intelligence software, actioned by community moderators, actioned by civil society partners, and actioned by users.
(b) (1) A social media company shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the third and fourth quarters of the preceding calendar year, to the Attorney General no later than April 1 of each year, and shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the first and second quarters of the current calendar year, to the Attorney General no later than October 1 of each year.
(2) Notwithstanding paragraph (1), a social media company shall electronically submit its first terms of service report pursuant to subdivision (a), covering activity within the third quarter of 2023, to the Attorney General no later than January 1, 2024, and shall electronically submit its second terms of service report pursuant to subdivision (a), covering activity within the fourth quarter of 2023, to the Attorney General no later than April 1, 2024. A social media platform shall submit its third report no later than October 1, 2024, in accordance with paragraph (1).
(c) The Attorney General shall make all terms of service reports submitted pursuant to this section available to the public in a searchable repository on its official internet website.
SECTION 1.SEC. 2. Section 22945 of the Business and Professions Code is amended to read:22945. (a) For purposes of this chapter, the following definitions apply:(1)Actioned means a social media platform, due to a suspected or confirmed violation of its policy on the use of the social media platform to illegally distribute a controlled substance, has taken some form of action, including, but not limited to, removal, demonetization, deprioritization, or banning, against the relevant user or relevant item of content. (2)(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.(3)(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.(4)(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.(5)(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. platform.(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.(7) A general description of the social media platforms policies and procedures governing when a platform proactively shares relevant information pertaining to the illegal distribution of a controlled substance.(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 all 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).(3)Retain actioned content or electronic communication information, as defined in Section 1546 of the Penal Code, for a period of 90 days.(4)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code, report usernames, handles, or account or subscriber names that generated actioned content, to the Attorney General every month. A report made pursuant to this paragraph shall be confidential and shall contain only the username, handle, or account or subscriber name. A report pursuant to this paragraph shall not contain any content or other electronic communication information, as defined in Section 1546 of the Penal Code. A social media platform that knowingly and willfully fails to report as required by this paragraph shall be subject to a fine of not more than one hundred ninety thousand dollars ($190,000), for an initial violation, and no more than three hundred eighty thousand dollars ($380,000) for any subsequent violation. (e)This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.(3) A social media platform shall retain data on content it has taken action to take down or remove for a violation of a policy prohibiting the unlawful sale, distribution, amplification, or otherwise proliferation of controlled substances and related paraphernalia. A social media platform shall retain the content that violated a policy and the user name of the violating account at issue for a period of 90 days.
SECTION 1.SEC. 2. Section 22945 of the Business and Professions Code is amended to read:
### SECTION 1.SEC. 2.
22945. (a) For purposes of this chapter, the following definitions apply:(1)Actioned means a social media platform, due to a suspected or confirmed violation of its policy on the use of the social media platform to illegally distribute a controlled substance, has taken some form of action, including, but not limited to, removal, demonetization, deprioritization, or banning, against the relevant user or relevant item of content. (2)(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.(3)(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.(4)(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.(5)(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. platform.(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.(7) A general description of the social media platforms policies and procedures governing when a platform proactively shares relevant information pertaining to the illegal distribution of a controlled substance.(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 all 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).(3)Retain actioned content or electronic communication information, as defined in Section 1546 of the Penal Code, for a period of 90 days.(4)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code, report usernames, handles, or account or subscriber names that generated actioned content, to the Attorney General every month. A report made pursuant to this paragraph shall be confidential and shall contain only the username, handle, or account or subscriber name. A report pursuant to this paragraph shall not contain any content or other electronic communication information, as defined in Section 1546 of the Penal Code. A social media platform that knowingly and willfully fails to report as required by this paragraph shall be subject to a fine of not more than one hundred ninety thousand dollars ($190,000), for an initial violation, and no more than three hundred eighty thousand dollars ($380,000) for any subsequent violation. (e)This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.(3) A social media platform shall retain data on content it has taken action to take down or remove for a violation of a policy prohibiting the unlawful sale, distribution, amplification, or otherwise proliferation of controlled substances and related paraphernalia. A social media platform shall retain the content that violated a policy and the user name of the violating account at issue for a period of 90 days.
22945. (a) For purposes of this chapter, the following definitions apply:(1)Actioned means a social media platform, due to a suspected or confirmed violation of its policy on the use of the social media platform to illegally distribute a controlled substance, has taken some form of action, including, but not limited to, removal, demonetization, deprioritization, or banning, against the relevant user or relevant item of content. (2)(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.(3)(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.(4)(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.(5)(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. platform.(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.(7) A general description of the social media platforms policies and procedures governing when a platform proactively shares relevant information pertaining to the illegal distribution of a controlled substance.(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 all 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).(3)Retain actioned content or electronic communication information, as defined in Section 1546 of the Penal Code, for a period of 90 days.(4)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code, report usernames, handles, or account or subscriber names that generated actioned content, to the Attorney General every month. A report made pursuant to this paragraph shall be confidential and shall contain only the username, handle, or account or subscriber name. A report pursuant to this paragraph shall not contain any content or other electronic communication information, as defined in Section 1546 of the Penal Code. A social media platform that knowingly and willfully fails to report as required by this paragraph shall be subject to a fine of not more than one hundred ninety thousand dollars ($190,000), for an initial violation, and no more than three hundred eighty thousand dollars ($380,000) for any subsequent violation. (e)This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.(3) A social media platform shall retain data on content it has taken action to take down or remove for a violation of a policy prohibiting the unlawful sale, distribution, amplification, or otherwise proliferation of controlled substances and related paraphernalia. A social media platform shall retain the content that violated a policy and the user name of the violating account at issue for a period of 90 days.
22945. (a) For purposes of this chapter, the following definitions apply:(1)Actioned means a social media platform, due to a suspected or confirmed violation of its policy on the use of the social media platform to illegally distribute a controlled substance, has taken some form of action, including, but not limited to, removal, demonetization, deprioritization, or banning, against the relevant user or relevant item of content. (2)(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.(3)(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.(4)(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.(5)(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. platform.(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.(7) A general description of the social media platforms policies and procedures governing when a platform proactively shares relevant information pertaining to the illegal distribution of a controlled substance.(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 all 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).(3)Retain actioned content or electronic communication information, as defined in Section 1546 of the Penal Code, for a period of 90 days.(4)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code, report usernames, handles, or account or subscriber names that generated actioned content, to the Attorney General every month. A report made pursuant to this paragraph shall be confidential and shall contain only the username, handle, or account or subscriber name. A report pursuant to this paragraph shall not contain any content or other electronic communication information, as defined in Section 1546 of the Penal Code. A social media platform that knowingly and willfully fails to report as required by this paragraph shall be subject to a fine of not more than one hundred ninety thousand dollars ($190,000), for an initial violation, and no more than three hundred eighty thousand dollars ($380,000) for any subsequent violation. (e)This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.(3) A social media platform shall retain data on content it has taken action to take down or remove for a violation of a policy prohibiting the unlawful sale, distribution, amplification, or otherwise proliferation of controlled substances and related paraphernalia. A social media platform shall retain the content that violated a policy and the user name of the violating account at issue for a period of 90 days.
22945. (a) For purposes of this chapter, the following definitions apply:
(1)Actioned means a social media platform, due to a suspected or confirmed violation of its policy on the use of the social media platform to illegally distribute a controlled substance, has taken some form of action, including, but not limited to, removal, demonetization, deprioritization, or banning, against the relevant user or relevant item of content.
(2)
(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.
(3)
(2) Controlled substance has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.
(4)
(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.
(5)
(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. platform.
(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.
(7) A general description of the social media platforms policies and procedures governing when a platform proactively shares relevant information pertaining to the illegal distribution of a controlled substance.
(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 all 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).
(3)Retain actioned content or electronic communication information, as defined in Section 1546 of the Penal Code, for a period of 90 days.
(4)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code, report usernames, handles, or account or subscriber names that generated actioned content, to the Attorney General every month. A report made pursuant to this paragraph shall be confidential and shall contain only the username, handle, or account or subscriber name. A report pursuant to this paragraph shall not contain any content or other electronic communication information, as defined in Section 1546 of the Penal Code. A social media platform that knowingly and willfully fails to report as required by this paragraph shall be subject to a fine of not more than one hundred ninety thousand dollars ($190,000), for an initial violation, and no more than three hundred eighty thousand dollars ($380,000) for any subsequent violation.
(e)This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.
(3) A social media platform shall retain data on content it has taken action to take down or remove for a violation of a policy prohibiting the unlawful sale, distribution, amplification, or otherwise proliferation of controlled substances and related paraphernalia. A social media platform shall retain the content that violated a policy and the user name of the violating account at issue for a period of 90 days.
SEC. 3. Section 22945.3 is added to the Business and Professions Code, to read:22945.3. (a) This chapter does not prohibit a social media platform from disclosing account and user information when requested by law enforcement pursuant to Section 1798.145 of the Civil Code.(b) The Attorney General shall identify a clear and designated point of contact within the Department of Justice to direct reports by a social media platform of actioned content or accounts that indicate an eminent threat to human life.
SEC. 3. Section 22945.3 is added to the Business and Professions Code, to read:
### SEC. 3.
22945.3. (a) This chapter does not prohibit a social media platform from disclosing account and user information when requested by law enforcement pursuant to Section 1798.145 of the Civil Code.(b) The Attorney General shall identify a clear and designated point of contact within the Department of Justice to direct reports by a social media platform of actioned content or accounts that indicate an eminent threat to human life.
22945.3. (a) This chapter does not prohibit a social media platform from disclosing account and user information when requested by law enforcement pursuant to Section 1798.145 of the Civil Code.(b) The Attorney General shall identify a clear and designated point of contact within the Department of Justice to direct reports by a social media platform of actioned content or accounts that indicate an eminent threat to human life.
22945.3. (a) This chapter does not prohibit a social media platform from disclosing account and user information when requested by law enforcement pursuant to Section 1798.145 of the Civil Code.(b) The Attorney General shall identify a clear and designated point of contact within the Department of Justice to direct reports by a social media platform of actioned content or accounts that indicate an eminent threat to human life.
22945.3. (a) This chapter does not prohibit a social media platform from disclosing account and user information when requested by law enforcement pursuant to Section 1798.145 of the Civil Code.
(b) The Attorney General shall identify a clear and designated point of contact within the Department of Justice to direct reports by a social media platform of actioned content or accounts that indicate an eminent threat to human life.
(a)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code and paragraph (4) of subdivision (d) of Section 22945, the Attorney General shall make a copy of a report made pursuant to paragraph (4) of subdivision (d) of Section 22945 to other federal, state, or local law enforcement agencies involved in the investigation of unlawful controlled substance distribution.
(b)Notwithstanding Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code and paragraph (4) of subdivision (d) of Section 22945, a law enforcement agency may disclose a report or information in a report received pursuant to subdivision (a), in all of the following circumstances:
(1)To an attorney for the federal, state, or local government for use in the performance of official duties of the attorney.
(2)To officers and employees of the law enforcement agency as necessary to perform their investigative and recordkeeping functions.
(3)To other government personnel, as determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing criminal law.
(4)To a defendant in a criminal case to the extent the information relates to a criminal charge pending against that defendant.
(5)As ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose.
SEC. 3.SEC. 4. Section 22945.7 is added to the Business and Professions Code, to read:22945.7. This chapter does not authorize a governmental entity to compel the production of or access to content or electronic communication information, as defined in Section 1546 of the Penal Code, from a service provider, or compel the production of or access to electronic device information, as defined in Section 1546 of the Penal Code, from any person or entity other than the authorized possessor of the device except pursuant to Section 1546.1 of the Penal Code and Section 22945.
SEC. 3.SEC. 4. Section 22945.7 is added to the Business and Professions Code, to read:
### SEC. 3.SEC. 4.
22945.7. This chapter does not authorize a governmental entity to compel the production of or access to content or electronic communication information, as defined in Section 1546 of the Penal Code, from a service provider, or compel the production of or access to electronic device information, as defined in Section 1546 of the Penal Code, from any person or entity other than the authorized possessor of the device except pursuant to Section 1546.1 of the Penal Code and Section 22945.
22945.7. This chapter does not authorize a governmental entity to compel the production of or access to content or electronic communication information, as defined in Section 1546 of the Penal Code, from a service provider, or compel the production of or access to electronic device information, as defined in Section 1546 of the Penal Code, from any person or entity other than the authorized possessor of the device except pursuant to Section 1546.1 of the Penal Code and Section 22945.
22945.7. This chapter does not authorize a governmental entity to compel the production of or access to content or electronic communication information, as defined in Section 1546 of the Penal Code, from a service provider, or compel the production of or access to electronic device information, as defined in Section 1546 of the Penal Code, from any person or entity other than the authorized possessor of the device except pursuant to Section 1546.1 of the Penal Code and Section 22945.
22945.7. This chapter does not authorize a governmental entity to compel the production of or access to content or electronic communication information, as defined in Section 1546 of the Penal Code, from a service provider, or compel the production of or access to electronic device information, as defined in Section 1546 of the Penal Code, from any person or entity other than the authorized possessor of the device except pursuant to Section 1546.1 of the Penal Code and Section 22945.
The Legislature finds and declares that Section 1 of this act, which amends Section 22945 of the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Further the need to protect the investigative techniques of law enforcement and privacy of individuals arrested and prosecuted for crimes while balancing the publics right to access.