CA
California Senate Bill SB918

California 2023-2024 Regular Session

California Senate Bill SB918 Compare Versions

OldNewDifferences
1-Senate Bill No. 918 CHAPTER 985An act to add Chapter 31.6 (commencing with Section 22946) to Division 8 of the Business and Professions Code, relating to social media platforms. [ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 918, Umberg. Law enforcement contact process: search warrants.Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.This bill would require a social media platform to maintain a law enforcement contact process that, among other things, makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information. The bill would, except as prescribed, also require a social media platform to comply with a search warrant within 72 hours if the search warrant is provided to the social media platform by a law enforcement agency, the subject of the search warrant is information associated with an account on the social media platform, and that information is controlled by a user of the social media platform.This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users and would make its provisions operative on July 1, 2025.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (d) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall maintain a law enforcement contact process that does all of the following:(1) Makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information.(2) Provides continual availability of the law enforcement contact process.(3) Includes a method to provide status updates to a requesting law enforcement agency on a request for information or a warrant provided pursuant to subdivision (b).(b) (1) Except as provided by any other law, including, but not limited to, the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775) of Part 4 of the Penal Code) and Section 1546.5 of the Penal Code, a social media platform shall comply with a search warrant within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.22946.3. This chapter shall become operative on July 1, 2025.
1+Enrolled September 04, 2024 Passed IN Senate August 30, 2024 Passed IN Assembly August 28, 2024 Amended IN Assembly August 22, 2024 Amended IN Assembly August 19, 2024 Amended IN Assembly August 08, 2024 Amended IN Assembly August 05, 2024 Amended IN Assembly June 20, 2024 Amended IN Senate May 02, 2024 Amended IN Senate March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 918Introduced by Senator Umberg(Coauthors: Assembly Members Dixon, Lowenthal, Ortega, and Joe Patterson)January 10, 2024An act to add Chapter 31.6 (commencing with Section 22946) to Division 8 of the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTSB 918, Umberg. Law enforcement contact process: search warrants.Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.This bill would require a social media platform to maintain a law enforcement contact process that, among other things, makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information. The bill would, except as prescribed, also require a social media platform to comply with a search warrant within 72 hours if the search warrant is provided to the social media platform by a law enforcement agency, the subject of the search warrant is information associated with an account on the social media platform, and that information is controlled by a user of the social media platform.This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users and would make its provisions operative on July 1, 2025.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (d) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall maintain a law enforcement contact process that does all of the following:(1) Makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information.(2) Provides continual availability of the law enforcement contact process.(3) Includes a method to provide status updates to a requesting law enforcement agency on a request for information or a warrant provided pursuant to subdivision (b).(b) (1) Except as provided by any other law, including, but not limited to, the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775) of Part 4 of the Penal Code) and Section 1546.5 of the Penal Code, a social media platform shall comply with a search warrant within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.22946.3. This chapter shall become operative on July 1, 2025.
22
3- Senate Bill No. 918 CHAPTER 985An act to add Chapter 31.6 (commencing with Section 22946) to Division 8 of the Business and Professions Code, relating to social media platforms. [ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 918, Umberg. Law enforcement contact process: search warrants.Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.This bill would require a social media platform to maintain a law enforcement contact process that, among other things, makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information. The bill would, except as prescribed, also require a social media platform to comply with a search warrant within 72 hours if the search warrant is provided to the social media platform by a law enforcement agency, the subject of the search warrant is information associated with an account on the social media platform, and that information is controlled by a user of the social media platform.This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users and would make its provisions operative on July 1, 2025.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Enrolled September 04, 2024 Passed IN Senate August 30, 2024 Passed IN Assembly August 28, 2024 Amended IN Assembly August 22, 2024 Amended IN Assembly August 19, 2024 Amended IN Assembly August 08, 2024 Amended IN Assembly August 05, 2024 Amended IN Assembly June 20, 2024 Amended IN Senate May 02, 2024 Amended IN Senate March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 918Introduced by Senator Umberg(Coauthors: Assembly Members Dixon, Lowenthal, Ortega, and Joe Patterson)January 10, 2024An act to add Chapter 31.6 (commencing with Section 22946) to Division 8 of the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTSB 918, Umberg. Law enforcement contact process: search warrants.Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.This bill would require a social media platform to maintain a law enforcement contact process that, among other things, makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information. The bill would, except as prescribed, also require a social media platform to comply with a search warrant within 72 hours if the search warrant is provided to the social media platform by a law enforcement agency, the subject of the search warrant is information associated with an account on the social media platform, and that information is controlled by a user of the social media platform.This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users and would make its provisions operative on July 1, 2025.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
44
5- Senate Bill No. 918 CHAPTER 985
5+ Enrolled September 04, 2024 Passed IN Senate August 30, 2024 Passed IN Assembly August 28, 2024 Amended IN Assembly August 22, 2024 Amended IN Assembly August 19, 2024 Amended IN Assembly August 08, 2024 Amended IN Assembly August 05, 2024 Amended IN Assembly June 20, 2024 Amended IN Senate May 02, 2024 Amended IN Senate March 18, 2024
66
7- Senate Bill No. 918
7+Enrolled September 04, 2024
8+Passed IN Senate August 30, 2024
9+Passed IN Assembly August 28, 2024
10+Amended IN Assembly August 22, 2024
11+Amended IN Assembly August 19, 2024
12+Amended IN Assembly August 08, 2024
13+Amended IN Assembly August 05, 2024
14+Amended IN Assembly June 20, 2024
15+Amended IN Senate May 02, 2024
16+Amended IN Senate March 18, 2024
817
9- CHAPTER 985
18+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
19+
20+ Senate Bill
21+
22+No. 918
23+
24+Introduced by Senator Umberg(Coauthors: Assembly Members Dixon, Lowenthal, Ortega, and Joe Patterson)January 10, 2024
25+
26+Introduced by Senator Umberg(Coauthors: Assembly Members Dixon, Lowenthal, Ortega, and Joe Patterson)
27+January 10, 2024
1028
1129 An act to add Chapter 31.6 (commencing with Section 22946) to Division 8 of the Business and Professions Code, relating to social media platforms.
12-
13- [ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ]
1430
1531 LEGISLATIVE COUNSEL'S DIGEST
1632
1733 ## LEGISLATIVE COUNSEL'S DIGEST
1834
1935 SB 918, Umberg. Law enforcement contact process: search warrants.
2036
2137 Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.This bill would require a social media platform to maintain a law enforcement contact process that, among other things, makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information. The bill would, except as prescribed, also require a social media platform to comply with a search warrant within 72 hours if the search warrant is provided to the social media platform by a law enforcement agency, the subject of the search warrant is information associated with an account on the social media platform, and that information is controlled by a user of the social media platform.This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users and would make its provisions operative on July 1, 2025.
2238
2339 Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.
2440
2541 This bill would require a social media platform to maintain a law enforcement contact process that, among other things, makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information. The bill would, except as prescribed, also require a social media platform to comply with a search warrant within 72 hours if the search warrant is provided to the social media platform by a law enforcement agency, the subject of the search warrant is information associated with an account on the social media platform, and that information is controlled by a user of the social media platform.
2642
2743 This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users and would make its provisions operative on July 1, 2025.
2844
2945 ## Digest Key
3046
3147 ## Bill Text
3248
3349 The people of the State of California do enact as follows:SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (d) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall maintain a law enforcement contact process that does all of the following:(1) Makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information.(2) Provides continual availability of the law enforcement contact process.(3) Includes a method to provide status updates to a requesting law enforcement agency on a request for information or a warrant provided pursuant to subdivision (b).(b) (1) Except as provided by any other law, including, but not limited to, the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775) of Part 4 of the Penal Code) and Section 1546.5 of the Penal Code, a social media platform shall comply with a search warrant within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.22946.3. This chapter shall become operative on July 1, 2025.
3450
3551 The people of the State of California do enact as follows:
3652
3753 ## The people of the State of California do enact as follows:
3854
3955 SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (d) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall maintain a law enforcement contact process that does all of the following:(1) Makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information.(2) Provides continual availability of the law enforcement contact process.(3) Includes a method to provide status updates to a requesting law enforcement agency on a request for information or a warrant provided pursuant to subdivision (b).(b) (1) Except as provided by any other law, including, but not limited to, the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775) of Part 4 of the Penal Code) and Section 1546.5 of the Penal Code, a social media platform shall comply with a search warrant within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.22946.3. This chapter shall become operative on July 1, 2025.
4056
4157 SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read:
4258
4359 ### SECTION 1.
4460
4561 CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (d) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall maintain a law enforcement contact process that does all of the following:(1) Makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information.(2) Provides continual availability of the law enforcement contact process.(3) Includes a method to provide status updates to a requesting law enforcement agency on a request for information or a warrant provided pursuant to subdivision (b).(b) (1) Except as provided by any other law, including, but not limited to, the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775) of Part 4 of the Penal Code) and Section 1546.5 of the Penal Code, a social media platform shall comply with a search warrant within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.22946.3. This chapter shall become operative on July 1, 2025.
4662
4763 CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (d) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall maintain a law enforcement contact process that does all of the following:(1) Makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information.(2) Provides continual availability of the law enforcement contact process.(3) Includes a method to provide status updates to a requesting law enforcement agency on a request for information or a warrant provided pursuant to subdivision (b).(b) (1) Except as provided by any other law, including, but not limited to, the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775) of Part 4 of the Penal Code) and Section 1546.5 of the Penal Code, a social media platform shall comply with a search warrant within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.22946.3. This chapter shall become operative on July 1, 2025.
4864
4965 CHAPTER 31.6. Social Media Platforms and Law Enforcement
5066
5167 CHAPTER 31.6. Social Media Platforms and Law Enforcement
5268
5369 22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (d) Social media platform has the same meaning as defined in Section 22945.
5470
5571
5672
5773 22946. As used in this chapter:
5874
5975 (a) Law enforcement agency means a law enforcement agency in the state.
6076
6177 (b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.
6278
6379 (c) Search warrant means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code.
6480
6581 (d) Social media platform has the same meaning as defined in Section 22945.
6682
6783 22946.1. (a) A social media platform shall maintain a law enforcement contact process that does all of the following:(1) Makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information.(2) Provides continual availability of the law enforcement contact process.(3) Includes a method to provide status updates to a requesting law enforcement agency on a request for information or a warrant provided pursuant to subdivision (b).(b) (1) Except as provided by any other law, including, but not limited to, the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775) of Part 4 of the Penal Code) and Section 1546.5 of the Penal Code, a social media platform shall comply with a search warrant within 72 hours if both of the following apply:(A) The search warrant is provided to the social media platform by a law enforcement agency.(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.
6884
6985
7086
7187 22946.1. (a) A social media platform shall maintain a law enforcement contact process that does all of the following:
7288
7389 (1) Makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information.
7490
7591 (2) Provides continual availability of the law enforcement contact process.
7692
7793 (3) Includes a method to provide status updates to a requesting law enforcement agency on a request for information or a warrant provided pursuant to subdivision (b).
7894
7995 (b) (1) Except as provided by any other law, including, but not limited to, the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775) of Part 4 of the Penal Code) and Section 1546.5 of the Penal Code, a social media platform shall comply with a search warrant within 72 hours if both of the following apply:
8096
8197 (A) The search warrant is provided to the social media platform by a law enforcement agency.
8298
8399 (B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.
84100
85101 (2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.
86102
87103 22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.
88104
89105
90106
91107 22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.
92108
93109 22946.3. This chapter shall become operative on July 1, 2025.
94110
95111
96112
97113 22946.3. This chapter shall become operative on July 1, 2025.