First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0452.01 Richard Sweetman x4333 SENATE BILL 25-086 Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNING PROTECTIONS FOR USERS OF SOCIAL MEDIA , AND, IN101 CONNECTION THEREWITH , ESTABLISHING CERTAIN102 REQUIREMENTS FOR SOCIAL MEDIA COMPANIES .103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill establishes certain requirements for social media companies and social media platforms in order to protect users. Specifically, the bill: ! Relocates, with amendments, certain language requiring a social media platform to include a function that provides SENATE SPONSORSHIP Frizell and Daugherty, HOUSE SPONSORSHIP Boesenecker and Hartsook, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. minor users information about their engagement in social media, which language was enacted in 2024 by House Bill 24-1136; ! Requires a social media company to publish and update policies for each social media platform owned or operated by the social media company (published policies) and establishes mandatory contents for the published policies; ! Requires a social media company to submit to the department of law an annual report that includes, for each social media platform owned or operated by the social media company, information concerning the published policies and violations of the published policies; ! Requires a social media company to annually make publicly available a report that includes, for each social media platform owned or operated by the social media company, certain data concerning how minor users used the social media platform, including a description of all product experiments that were conducted on 1,000 or more minor users; ! Requires a social media company, upon the notification of a user's alleged violation of the published policies or of state or federal law, to determine within 72 hours whether the violation occurred and, if so, to remove the user from the applicable social media platform within 24 hours after the determination is made; ! Requires a social media platform with at least one million users to provide a streamlined process to allow Colorado law enforcement agencies to contact the social media company that operates the social media platform and to comply with a search warrant within 72 hours after receiving the search warrant; ! Makes a violation of the new requirements an unfair or deceptive trade practice under the "Colorado Consumer Protection Act", to be punished accordingly; and ! Authorizes the attorney general to adopt rules to carry out the new requirements. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds that:3 (a) Criminal activity endangering Colorado youth occurs widely4 SB25-086-2- on social media platforms;1 (b) Through social media, minors can readily obtain illicit2 substances and firearms in violation of state and federal law; and3 (c) Minors using social media platforms are regularly victimized4 by sexually exploitative crimes, such as sex trafficking and sextortion.5 (2) The general assembly also finds that self-regulation by social6 media companies has not worked, and it is time for Colorado to step in7 and put common-sense laws in place to protect its youth.8 (3) Therefore, the general assembly declares that it is in the best9 interests of the people of Colorado to create a safer social media10 environment for minors by directing social media companies to:11 (a) Provide annual data about minors' use of social media12 platforms, including metrics concerning criminal activity;13 (b) State their policies concerning criminal activity and remove14 users who engage in criminal violations; and15 (c) Responsibly assist Colorado law enforcement agencies with16 lawful criminal investigations.17 SECTION 2. In Colorado Revised Statutes, amend with18 relocated provisions part 16 of article 1 of title 6 as follows:19 6-1-1601. Definitions. A S USED IN THIS PART 16, UNLESS THE20 CONTEXT OTHERWISE REQUIRES :21 (1) "A CTIONED" MEANS A SOCIAL MEDIA COMPANY , DUE TO A22 SUSPECTED OR CONFIRMED VIOLATION OF ITS PUBLISHED POLICIES , HAS23 TAKEN SOME FORM OF ACTION, INCLUDING REMOVAL, DEMONETIZATION,24 DEPRIORITIZATION, BANNING, SUSPENDING, OR TAKING A SIMILAR25 MEASURE AGAINST A USER OR AN ITEM OF CONTENT .26 (2) "A GE CATEGORY" MEANS ONE OF THE FOLLOWING AGE27 SB25-086 -3- GROUPINGS:1 (a) U NDER THIRTEEN YEARS OF AGE;2 (b) A T LEAST THIRTEEN YEARS OF AGE BUT UNDER SIXTEEN YEARS3 OF AGE;4 (c) A T LEAST SIXTEEN YEARS OF AGE BUT UNDER EIGHTEEN YEARS5 OF AGE;6 (d) A T LEAST EIGHTEEN YEARS OF AGE BUT UNDER TWENTY -TWO7 YEARS OF AGE;8 (e) A T LEAST TWENTY-TWO YEARS OF AGE BUT UNDER THIRTY-ONE9 YEARS OF AGE;10 (f) A T LEAST THIRTY-ONE YEARS OF AGE BUT UNDER FORTY -FIVE11 YEARS OF AGE;12 (g) A T LEAST FORTY-FIVE YEARS OF AGE; AND13 (h) N OT RELEVANT, WHICH AGE GROUPING INCLUDES USER14 ACCOUNTS FOR WHICH AGE IS NOT RELEVANT , SUCH AS ORGANIZATIONAL15 OR ENTITY ACCOUNTS.16 (3) "C OLORADO LAW ENFORCEMENT AGENCY " MEANS A LAW17 ENFORCEMENT AGENCY IN THIS STATE .18 (4) (a) "C ONTENT" MEANS ANY STATEMENTS, COMMENTS, MEDIA,19 OR INFORMATION THAT IS CREATED , POSTED, SHARED, OR OTHERWISE20 INTERACTED WITH BY USERS ON A SOCIAL MEDIA PLATFORM .21 (b) "C ONTENT" DOES NOT INCLUDE MEDIA PLACED ON AN22 INTERNET-BASED SERVICE OR APPLICATION EXCLUSIVELY FOR THE23 PURPOSE OF CLOUD STORAGE , TRANSMITTING FILES , OR FILE24 COLLABORATION.25 (5) "E DUCATIONAL ENTITY" MEANS A PUBLIC SCHOOL, A CHARTER26 SCHOOL, AN INSTITUTE CHARTER SCHOOL , A BOARD OF COOPERATIVE27 SB25-086 -4- SERVICES, THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND , A1 PRIVATE SCHOOL, A DENOMINATIONAL SCHOOL , A PAROCHIAL SCHOOL, A2 COMMUNITY COLLEGE , A STATE COLLEGE, A STATE UNIVERSITY, A3 NONPROFIT PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTION , OR AN4 EDUCATION AND TRAINING PROGRAM APPROVED BY THE DIRECTOR OF THE5 DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF6 REGULATORY AGENCIES.7 (6) "F IREARM" MEANS:8 (a) A FIREARM, AS DEFINED IN SECTION 18-1-901 (3)(h);9 (b) A N UNFINISHED OR THREE-DIMENSIONALLY PRINTED FRAME OR10 RECEIVER OF A FIREARM, AS DEFINED IN SECTION 18-12-101 (1)(c.5); AND11 (c) A MACHINE GUN CONVERSION DEVICE , AS DEFINED IN SECTION12 18-12-101 (1)(g.2).13 (7) (a) "I LLICIT SUBSTANCE" MEANS:14 (I) A CONTROLLED SUBSTANCE, AS DEFINED IN SECTION 18-18-10215 (5);16 (II) A NY HEMP PRODUCT, AS DEFINED IN SECTION 25-5-427 (2)(d),17 THAT IS NOT A TINCTURE OR COSMETIC AND HAS MORE THAN ONE AND18 ONE-FOURTH MILLIGRAMS OF THC, AS DEFINED IN SECTION 44-10-20919 (2)(d), PER SERVING OR HAS A RATIO OF CANNABIDIOL TO THC OF LESS20 THAN TWENTY TO ONE; AND21 (III) A NY PRODUCT THAT CONTAINS HEMP THAT IS INTENDED FOR22 HUMAN CONSUMPTION AND IS NOT A COSMETIC , A DIETARY SUPPLEMENT,23 A FOOD, A FOOD ADDITIVE, OR AN HERB.24 (b) N OTWITHSTANDING SUBSECTION (7)(a) OF THIS SECTION,25 " ILLICIT SUBSTANCE" DOES NOT INCLUDE:26 (I) A PRODUCT THAT MAY BE PRODUCED AND SOLD IN COLORADO27 SB25-086 -5- PURSUANT TO AND IN COMPLIANCE WITH SECTION 25-5-427, ARTICLE 101 OF TITLE 44, AND RULES ADOPTED PURSUANT TO SUCH PROVISIONS ; OR2 (II) A PRODUCT THAT MAY BE PRODUCED FOR PERSONAL USE OR3 PRODUCED AND ADMINISTERED FOR NATURAL MEDICINE SERVICES4 PURSUANT TO AND IN COMPLIANCE WITH ARTICLE 170 OF TITLE 12,5 SECTION 18-18-434, ARTICLE 50 OF TITLE 44, AND RULES ADOPTED6 PURSUANT TO SUCH PROVISIONS.7 (8) "M INOR" MEANS AN INDIVIDUAL UNDER EIGHTEEN YEARS OF8 AGE.9 (9) "M INOR SAFETY TOOL" MEANS A FEATURE, SETTING, TOOL, OR10 SIMILAR OPTION THAT ALLOWS A MINOR USER OR THEIR PARENT TO11 PROTECT THE PRIVACY, SECURITY, OR HEALTH OF THE MINOR USER ON A12 SOCIAL MEDIA PLATFORM , INCLUDING A FEATURE, SETTING, TOOL, OR13 SIMILAR OPTION THAT ALLOWS AN INDIVIDUAL TO :14 (a) M AKE AN ACCOUNT PRIVATE;15 (b) C ONTROL THE SENDING OR RECEIPT OF DIRECT MESSAGES OR16 COMMENTS;17 (c) B LOCK OR REPORT SUSPICIOUS ACCOUNTS ;18 (d) C ONTROL TIME SPENT OR CONTENT VIEWED ; OR19 (e) D ISABLE OR ALTER ALGORITHMIC SUGGESTIONS OF CONTENT .20 (10) "P ARENT" MEANS A PARENT OR A LEGAL GUARDIAN OF A21 MINOR.22 (11) (a) "P UBLISHED POLICIES" MEANS POLICIES ADOPTED AND23 PUBLISHED BY A SOCIAL MEDIA COMPANY PURSUANT TO SECTION 6-1-160324 THAT SPECIFY, AT LEAST, THE USER BEHAVIORS AND ACTIVITIES THAT ARE25 PERMITTED ON A SOCIAL MEDIA PLATFORM OWNED OR OPERATED BY THE26 SOCIAL MEDIA COMPANY AND THE USER BEHAVIORS AND ACTIVITIES THAT27 SB25-086 -6- MAY SUBJECT A USER OR AN ITEM OF CONTENT TO BEING ACTIONED .1 (b) "P UBLISHED POLICIES" INCLUDES TERMS OF SERVICE AND2 COMMUNITY GUIDELINES.3 (12) "S EARCH WARRANT" MEANS A SEARCH WARRANT DULY4 EXECUTED PURSUANT TO PART 3 OF ARTICLE 3 OF TITLE 16.5 (13) "S EX TRAFFICKING OF A MINOR" MEANS SELLING, RECRUITING,6 HARBORING, TRANSPORTING, TRANSFERRING, ISOLATING, ENTICING,7 PROVIDING, RECEIVING, OBTAINING BY ANY MEANS , MAINTAINING, OR8 MAKING AVAILABLE A MINOR FOR THE PURPOSE OF COMMERCIAL SEXUAL9 ACTIVITY, AS DEFINED IN SECTION 18-3-502 (3).10 (14) "S EXUALLY EXPLOITATIVE MATERIAL " HAS THE MEANING SET11 FORTH IN SECTION 18-6-403 (2)(j).12 (15) "S OCIAL MEDIA COMPANY" MEANS A PERSON THAT OWNS OR13 OPERATES ONE OR MORE SOCIAL MEDIA PLATFORMS .14 (16) (a) "S OCIAL MEDIA PLATFORM" MEANS AN INTERNET-BASED15 SERVICE OR APPLICATION THAT HAS USERS IN COLORADO AND MEETS16 BOTH OF THE FOLLOWING CRITERIA:17 (I) A SUBSTANTIAL FUNCTION OF THE SERVICE OR APPLICATION IS18 TO ALLOW USERS TO INTERACT SOCIALLY WITH EACH OTHER WITHIN THE19 SERVICE OR APPLICATION; AND20 (II) T HE SERVICE OR APPLICATION ALLOWS A USER TO :21 (A) B ECOME A REGISTERED USER , ESTABLISH AN ACCOUNT ,22 CONSTRUCT A PUBLIC OR SEMIPUBLIC PROFILE FOR PURPOSES OF SIGNING23 INTO AND USING THE SERVICE OR APPLICATION , OR POPULATE A LIST OF24 OTHER USERS OR ACCOUNTS WITH WHOM AN INDIVI DUAL SHARES A SOCIAL25 CONNECTION WITHIN THE SERVICE OR APPLICATION ; AND26 (B) C REATE OR POST CONTENT THAT IS VIEWABLE BY OTHER27 SB25-086 -7- USERS.1 (b) "S OCIAL MEDIA PLATFORM " DOES NOT INCLUDE AN2 INTERNET-BASED SERVICE OR APPLICATION IF THE PREDOMINANT OR3 EXCLUSIVE FUNCTION OF THE SERVICE OR APPLICATION IS :4 (I) P ROVIDING ELECTRONIC MAIL;5 (II) P ROVIDING DIRECT MESSAGING WHEREBY MESSAGES ARE SENT6 BETWEEN DEVICES BY ELECTRONIC MEANS , ARE SHARED BETWEEN A7 SENDER AND A RECIPIENT, ARE VISIBLE ONLY TO THE SENDER AND THE8 RECIPIENT, ARE NOT POSTED PUBLICLY, AND ARE NOT EMBEDDED INTO A9 SOCIAL MEDIA PLATFORM;10 (III) F ACILITATING COMMUNICATION WITHIN A BUSINESS OR AN11 ENTERPRISE AMONG EMPLOYEES OR AFFILIATES OF THE BUSINESS OR12 ENTERPRISE, SO LONG AS ACCESS TO THE SERVICE OR APPLICATION IS13 RESTRICTED TO EMPLOYEES OR AFFILIATES OF THE BUSINESS OR14 ENTERPRISE;15 (IV) S ELLING ENTERPRISE SOFTWARE TO BUSINESSES ,16 GOVERNMENTS, OR NONPROFIT ORGANIZATIONS;17 (V) P ROVIDING CLOUD-BASED ELECTRONIC STORAGE, INCLUDING18 CLOUD-BASED STORAGE THAT ALLOWS COLLABORATIVE EDITING BY19 INVITED USERS;20 (VI) F ACILITATING TELECONFERENCING AND VIDEO21 CONFERENCING FEATURES THAT ARE LIMITED TO CERTAIN PARTICIPANTS22 IN THE TELECONFERENCE OR VIDEO CONFERENCE AND ARE NOT POSTED23 PUBLICLY OR FOR BROAD DISTRIBUTION TO OTHER USERS ;24 (VII) F ACILITATING CROWDSOURCED CONTENT FOR REFERENCE25 GUIDES, SUCH AS ENCYCLOPEDIAS , EDUCATIONAL MATERIALS , AND26 DICTIONARIES;27 SB25-086 -8- (VIII) FACILITATING ONLINE SHOPPING OR E-COMMERCE IF THE1 RELATED INTERACTIONS BETWEEN USERS OR ACCOUNT HOLDERS ARE2 LIMITED TO:3 (A) T HE ABILITY TO POST AND VIEW COMMENTS AS PART OF4 RATINGS AND REVIEWS OF PRODUCTS ;5 (B) T HE ABILITY TO DISPLAY LISTS OR COLLECTIONS OF GOODS FOR6 SALE OR WISH LISTS; AND7 (C) O THER FUNCTIONS THAT ARE FOCUSED ON ONLINE SHOPPING8 OR E-COMMERCE RATHER THAN OTHER INTERACTIONS BETWEEN USERS OR9 ACCOUNT HOLDERS;10 (IX) P ROVIDING A STREAMING SERVICE THAT :11 (A) S TREAMS ONLY LICENSED AND NOT USER -GENERATED MEDIA12 IN A CONTINUOUS FLOW FROM THE SERVICE , WEBSITE, OR APPLICATION TO13 THE END USER; AND14 (B) D OES NOT REQUIRE A USER OR ACCOUNT HOLDER TO OBTAIN15 A LICENSE TO THE MEDIA BY AGREEMENT TO THE SERVICE 'S OR16 APPLICATION'S TERMS OF SERVICE;17 (X) P ROVIDING NEWS, SPORTS, ENTERTAINMENT, OR OTHER18 CONTENT THAT IS PRESELECTED BY THE PROVIDER AND NOT19 USER-GENERATED;20 (XI) P ROVIDING AN ONLINE SERVICE, WEBSITE, OR APPLICATION21 THAT IS USED BY OR UNDER THE DIRECTION OF AN EDUCATIONAL ENTITY ,22 INCLUDING A LEARNING MANAGEMENT SYSTEM , A STUDENT ENGAGEMENT23 PROGRAM, OR A SUBJECT- OR SKILL-SPECIFIC PROGRAM, WHERE THE24 CONTENT IS PREDOMINANTLY CREATED OR POSTED BY THE PROVIDER OF25 THE ONLINE SERVICE, WEBSITE, OR APPLICATION AND THE ABILITY TO26 CHAT, COMMENT, OR INTERACT WITH OTHER USERS IS DIRECTLY RELATED27 SB25-086 -9- TO THE PROVIDER'S CONTENT;1 (XII) P ROVIDING OR OBTAINING TECHNICAL SUPPORT FOR A2 SOFTWARE PLATFORM, PRODUCT, OR SERVICE;3 (XIII) P ROVIDING CAREER DEVELOPMENT OPPORTUNITIES ,4 INCLUDING PROFESSIONAL NETWORKING , JOB SKILLS, LEARNING5 CERTIFICATIONS, AND JOB POSTING AND APPLICATION SERVICES ;6 (XIV) F ACILITATING ACADEMIC OR SCHOLARLY RESEARCH ;7 (XV) P ROVIDING INTERACTIVE GAMING, VIRTUAL GAMING, OR AN8 ONLINE SERVICE THAT ALLOWS THE CREATION AND UPLOADING OF9 CONTENT FOR THE PURPOSE OF INTERACTIVE GAMING , EDUCATIONAL10 ENTERTAINMENT, OR OTHER ENTERTAINMENT, AND THE COMMUNICATION11 RELATED TO THAT CONTENT; OR12 (XVI) R EPORTING OR DISSEMINATING NEWS INFORMATION FOR A13 MASS MEDIUM, AS DEFINED IN SECTION 13-90-119 (1)(a).14 (c) "S OCIAL MEDIA PLATFORM " DOES NOT INCLUDE AN15 INTERNET-BASED SERVICE OR APPLICATION IF:16 (I) T HE CONTENT THAT IS POSTED OR CREATED IS PREDOMINANTLY17 POSTED OR CREATED BY THE PROVIDER OF THE INTERNET -BASED SERVICE18 OR APPLICATION AND NOT USER-GENERATED; AND19 (II) T HE ABILITY TO CHAT, COMMENT, OR INTERACT WITH OTHER20 USERS IS DIRECTLY RELATED TO THE PROVIDER 'S CONTENT.21 (17) "S UBJECT USE" MEANS THE USE OF A SOCIAL MEDIA PLATFORM22 FOR:23 (a) T HE SALE OR ADVERTISEMENT OF AN ILLICIT SUBSTANCE ;24 (b) T HE SALE OF A FIREARM IN VIOLATION OF STATE OR FEDERAL25 LAW;26 (c) S EX TRAFFICKING OF A MINOR; OR27 SB25-086 -10- (d) THE POSSESSION, DISPLAY, EXCHANGE, DISTRIBUTION, SALE, OR1 CREATION OF, OR THE INDUCEMENT TO CREATE, SEXUALLY EXPLOITATIVE2 MATERIAL.3 6-1-1602. [Formerly 6-1-1601] Social media platform - minor4 users - standards. (1) On or after January 1, 2026, a social media5 platform must establish INCLUDE a function that either:6 (a) Meets the criteria in subsection (2) of this section and be IS7 informed by the standards established in subsection (5) (4) of this section;8 or9 (b) Displays a pop-up or full screen notification to a user who10 attests to being under the age of eighteen YEARS OF AGE when the user:11 (I) Has spent one cumulative hour on the social media platform12 during a twenty-four-hour period; or13 (II) Is on a social media platform between the hours of 10 p.m.14 and 6 a.m.15 (2) The function established pursuant to subsection (1) of this16 section must provide users who are under the age of eighteen YEARS OF17 AGE with information about their engagement in social media that helps18 the user understand the impact of social media on the developing brain19 and the mental and physical health of youth MINOR users. The information20 must be supported by data from peer-reviewed scholarly articles or the21 sources included in the mental health and technology resource bank22 established in section 22-2-127.8 (1).23 (3) If the social media platform establishes the function described24 in subsection (1)(b) of this section, the function must repeat at least every25 thirty minutes after the initial notification.26 (4) (a) As used in this section, "social media platform" means an27 SB25-086 -11- internet-based service, website, or application that:1 (I) Has more than one hundred thousand active users in Colorado;2 (II) Permits a person to become a registered user, establish an3 account, or create a public or semipublic profile for the purpose of4 allowing users to create, share, and view user-generated content through5 the account or profile;6 (III) Enables one or more users to create or post content that can7 be viewed by other users of the medium; and8 (IV) Includes a substantial function to allow users to interact9 socially with each other within the service or application. A service or10 application that provides electronic mail or direct messaging services11 does not meet the criterion described in this subsection (4) on the basis of12 that function alone.13 (b) "Social media platform" does not include an internet-based14 service or application in which the predominant or exclusive function is:15 (I) Providing electronic mail;16 (II) Facilitating commercial transactions, if the interaction with17 other users or account holders is generally limited to:18 (A) The ability to upload a post and comment on reviews or the19 ability to display lists or collections of goods for sale or wish lists; and20 (B) The primary function of the platform is focused on online21 shopping or e-commerce rather than interactions between users or22 account holders;23 (III) Facilitating teleconferencing and video conferencing features24 that are limited to certain participants in the teleconference or video25 conference and are not posted publicly or for broad distribution to other26 users;27 SB25-086 -12- (IV) Facilitating crowd-sourced content for reference guides such1 as encyclopedias and dictionaries;2 (V) Providing cloud-based electronic services, including3 cloud-based services that allow collaborative editing by invited users;4 (VI) Consisting primarily of news, sports, entertainment, or other5 content that is preselected by the provider and not user generated and any6 chat, comment, or interactive functionality that is provided incidental to,7 directly related to, or dependent upon provision of the content;8 (VII) Interactive gaming, virtual gaming, or an online service that9 allows the creation and uploading of content for the purpose of interactive10 or virtual gaming;11 (VIII) Providing information concerning businesses, products, or12 travel information, including user reviews or rankings of businesses or13 products;14 (IX) Facilitating communication within a business or an enterprise15 among employees or affiliates of the business or enterprise, so long as16 access to the service or application is restricted to employees or affiliates17 of the business or enterprise;18 (X) Selling enterprise software to businesses, governments, or19 nonprofit organizations;20 (XI) Providing a streaming service that streams only licensed21 media in a continuous flow from the service, website, or application to the22 end user and does not require a user or account holder to obtain a license23 for the media by agreement with a social media platform's terms of24 service;25 (XII) Providing an online service, website, or application that is26 used by or under the direction of an educational entity, including a27 SB25-086 -13- learning management system, a student engagement program, or a1 subject- or skill-specific program, for which the majority of the content2 is created or posted by the provider of the online service, website, or3 application and the ability to chat, comment, or interact with other users4 is directly related to the provider's content;5 (XIII) Providing or obtaining technical support for a platform,6 product, or service;7 (XIV) Providing career development opportunities, including8 professional networking, job skills, learning certifications, and job9 posting and application services;10 (XV) Focused on facilitating academic or scholarly research; or11 (XVI) Reporting or disseminating news information for a mass12 medium, as defined in section 13-90-119.13 (5) (4) The chief information officer in the office of information14 technology, in consultation with the director of the center for health and15 environmental data division of the Colorado department of public health16 and environment and the temporary stakeholder group established in17 section 22-2-127.8, shall establish standards for a user tool or function18 that meets the requirements of subsection (1) of this section for a social19 media platform. The standards must:20 (a) Recommend intervals for notification frequency that are21 similar to those in subsection (3) of this section;22 (b) Provide sample messaging for the content of the notification;23 (c) Be informed by data and research on the efficacy of24 notifications; and25 (d) Recommend the age range of users who would most benefit26 from notifications.27 SB25-086 -14- 6-1-1603. Social media companies - published policies -1 required disclosures. (1) O N OR BEFORE JULY 1, 2026, A SOCIAL MEDIA2 COMPANY SHALL POST PUBLISHED POLICIES FOR EACH SOCIAL MEDIA3 PLATFORM OWNED OR OPERATED BY THE SOCIAL MEDIA COMPANY . THE4 PUBLISHED POLICIES MUST BE POSTED IN A CLEAR AND CONSPICUOUS5 MANNER REASONABLY DESIGNED TO INFORM ALL USERS OF THE SOCIAL6 MEDIA PLATFORM OF THE EXISTENCE AND CONTENTS OF THE PUBLISHED7 POLICIES. AFTER THE INITIAL POSTING OF THE PUBLISHED POLICIES , A8 SOCIAL MEDIA COMPANY SHALL POST ANY MATERIAL UPDATES TO THE9 PUBLISHED POLICIES WITHIN FOURTEEN DAYS AFTER THE IMPLEMENTATION10 OF THE UPDATED PUBLISHED POLICIES.11 (2) T HE PUBLISHED POLICIES POSTED PURSUANT TO SUBSECTION12 (1) OF THIS SECTION MUST INCLUDE:13 (a) C ONTACT INFORMATION OR A DESCRIPTION OF THE PROCESS14 THAT ALLOWS A USER TO ASK THE SOCIAL MEDIA COMPANY QUESTIONS15 ABOUT, OR REPORT VIOLATIONS OF, THE PUBLISHED POLICIES;16 (b) A DESCRIPTION OF THE PROCESS THAT A USER MUST FOLLOW TO17 FLAG CONTENT, ACTIVITY, GROUPS, OR OTHER USERS THAT THE USER18 BELIEVES VIOLATE THE PUBLISHED POLICIES;19 (c) A DESCRIPTION OF THE SOCIAL MEDIA COMPANY 'S PROCESS TO20 RESPOND TO AND RESOLVE USER QUESTIONS , REPORTS, AND FLAGS AS21 DESCRIBED IN SUBSECTIONS (2)(e) AND (2)(f) OF THIS SECTION, INCLUDING22 AVERAGE RESPONSE TIMES TO USER QUESTIONS , REPORTS, AND FLAGS. IF23 APPLICABLE, THIS DESCRIPTION MUST INCLUDE INFORMATION ABOUT THE24 PROCESS BY WHICH THE SOCIAL MEDIA COMPANY INFORMS A REPORTING25 USER OF THE ACTION TAKEN IN RESPONSE TO THE USER 'S QUESTION,26 REPORT, OR FLAG.27 SB25-086 -15- (d) A DESCRIPTION OF THE SOCIAL MEDIA PLATFORM 'S1 RESTRICTIONS ON THE USE OF THE SOCIAL MEDIA PLATFORM AS TO2 SUBJECT USES;3 (e) A DESCRIPTION OF THE SOCIAL MEDIA COMPANY'S PROCESS FOR4 ENFORCING ITS PUBLISHED POLICIES AS TO SUBJECT USES AND THE5 POTENTIAL CONSEQUENCES OF VIOLATING THE PUBLISHED POLICIES AS TO6 SUBJECT USES, WHICH DESCRIPTION INCLUDES:7 (I) A CTIONS THE SOCIAL MEDIA COMPANY MAY TAKE AGAINST AN8 ITEM OF CONTENT, A GROUP, OR A USER, INCLUDING ACTIONS DESCRIBED9 IN SECTION 6-1-1607; AND10 (II) D ETAILS CONCERNING:11 (A) W HAT ACTIONS THE SOCIAL MEDIA COMPANY MAY TAKE IN12 RESPONSE TO ACTIVITY THAT VIOLATES A PUBLISHED POLICY ON SUBJECT13 USES, INCLUDING WHETHER AND HOW THOSE ACTIONS MAY VARY WHEN14 MULTIPLE VIOLATIONS OF A PUBLISHED POLICY OR POLICIES OCCUR ; AND15 (B) H OW MANY VIOLATIONS OF A PUBLISHED POLICY CONCERNING16 A SUBJECT USE ARE REQUIRED TO RESULT IN A SPECIFIC ACTION ;17 (f) A DESCRIPTION OF WHEN VIOLATIONS OF PUBLISHED POLICIES18 ARE REPORTED TO LAW ENFORCEMENT FOR INVESTIGATION AND19 POTENTIAL PROSECUTION, INCLUDING A DESCRIPTION OF WHEN AND HOW20 SUBJECT USES WILL BE REPORTED TO LAW ENFORCEMENT AND IN WHAT21 FORMAT THIS INFORMATION WILL BE PROVIDED ; AND22 (g) A LIST OF THE LANGUAGES IN WHICH THE PUBLISHED POLICIES23 ARE AVAILABLE.24 6-1-1604. Social media companies - published policies and25 violations report required. (1) O N AN ANNUAL BASIS IN ACCORDANCE26 WITH SECTION 6-1-1606, A SOCIAL MEDIA COMPANY SHALL SUBMIT TO THE27 SB25-086 -16- DEPARTMENT OF LAW, IN A MACHINE-READABLE AND OPEN FORMAT , A1 REPORT THAT INCLUDES, FOR EACH SOCIAL MEDIA PLATFORM OWNED OR2 OPERATED BY THE SOCIAL MEDIA COMPANY :3 (a) T HE CURRENT VERSION OF THE PUBLISHED POLICIES OF THE4 SOCIAL MEDIA PLATFORM;5 (b) I F A SOCIAL MEDIA COMPANY HAS FILED ITS FIRST REPORT , A6 COMPLETE AND DETAILED DESCRIPTION OF ANY CHANGES TO THE7 PUBLISHED POLICIES SINCE THE PREVIOUS REPORT ;8 (c) A STATEMENT OF WHETHER THE CURRENT VERSION OF THE9 PUBLISHED POLICIES CONTAINS DEFINITIONS AND PROVISIONS RELATING TO10 SUBJECT USES; AND11 (d) F OR THE PRECEDING CALENDAR YEAR , DATA PERTAINING TO12 EACH CATEGORY OF SUBJECT USES FROM USERS BASED IN THE UNITED13 S TATES AS TO:14 (I) T HE TOTAL NUMBER OF INSTANCES IN WHICH THE SOCIAL MEDIA15 COMPANY WAS ALERTED TO ILLEGAL CONTENT , ILLEGAL ACTIVITY, OR16 POTENTIALLY PUBLISHED-POLICY-VIOLATING CONTENT OR ACTIVITY ,17 DISAGGREGATED BY:18 (A) T HE FORM OF THE ALERT, INCLUDING BY USER COMPLAINT, A19 NOTIFICATION OR REPORT FROM AN EMPLOYEE OR A PERSON CONTRACTING20 WITH THE SOCIAL MEDIA COMPANY, AN INTERNAL AUTOMATED DETECTION21 TOOL, OR OTHER FUNCTION;22 (B) T HE PERCENTAGE OF FLAGGED ITEMS OF CONTENT THAT WERE23 ULTIMATELY ACTIONED; AND24 (C) T HE AVERAGE TIME BETWEEN WHEN THE SOCIAL MEDIA25 COMPANY WAS ALERTED AND THE ACTION TAKEN ;26 (II) T HE NUMBER OF ACCOUNTS ACTIONED FOR VIOLATING A27 SB25-086 -17- PUBLISHED POLICY AS TO SUBJECT USES, DISAGGREGATED BY:1 (A) T HE NUMBER OF DAYS BETWEEN DETECTION OF THE2 VIOLATION AND THE SUSPENSION OR REMOVAL OF EACH ACCOUNT ; AND3 (B) T HE AGE CATEGORY OF THE OPERATOR OF THE SUSPENDED OR4 REMOVED ACCOUNT ;5 (III) W HETHER THE ACCOUNT AND VIOLATIVE CONTENT OR6 ACTIVITY WAS REFERRED TO LAW ENFORCEMENT ;7 (IV) T HE TOTAL NUMBER OF ACTIONED ITEMS OF CONTENT ,8 DISAGGREGATED BY TYPE OF ACTION ;9 (V) T HE AVERAGE NUMBER OF TIMES ACTIONED ITEMS OF10 CONTENT WERE VIEWED BY USERS BEFORE THE ITEMS WERE ACTIONED ;11 (VI) T HE DISTRIBUTION OF VIEWS OF ACTIONED ITEMS OF CONTENT12 BY AGE CATEGORY AND BY SUBJECT USE ;13 (VII) T HE FIVE HUNDRED POSTS THAT RECEIVED THE HIGHEST14 NUMBER OF VIEWS BEFORE THE POSTS WERE ACTIONED , INCLUDING COPIES15 OF THE POSTS;16 (VIII) T HE NUMBER OF INSTANCES IN WHICH A USER APPEALED A17 DECISION TO REMOVE THE USER 'S ACTIONED CONTENT OR REMOVE OR18 SUSPEND THE USER'S ACCOUNT AND THE PERCENTAGE OF APPEALS THAT19 RESULTED IN THE RESTORATION OF CONTENT OR AN ACCOUNT ;20 (IX) T HE NUMBER OF USERS REFERRED TO LAW ENFORCEMENT ,21 DISAGGREGATED BY AGE CATEGORY ; AND22 (X) T HE NUMBER OF REQUESTS FROM COLORADO LAW23 ENFORCEMENT AGENCIES FOR USER DATA , DISAGGREGATED BY THE24 RESPONSE TIME FOR EACH REQUEST .25 (2) O N AN ANNUAL BASIS IN ACCORDANCE WITH SECTION26 6-1-1606, A SOCIAL MEDIA COMPANY SHALL SUBMIT TO THE DEPARTMENT27 SB25-086 -18- OF LAW, IN A MACHINE-READABLE AND OPEN FORMAT , A REPORT THAT1 INCLUDES, FOR EACH SOCIAL MEDIA PLATFORM OWNED OR OPERATED BY2 THE SOCIAL MEDIA COMPANY :3 (a) T HE TOTAL NUMBER OF COLORADO-BASED USERS OR ACCOUNT4 HOLDERS ON THE SOCIAL MEDIA PLATFORM ; AND5 (b) W HETHER A COLORADO-BASED USER'S ACCOUNT OR VIOLATIVE6 CONTENT WAS SHARED WITH LAW ENFORCEMENT AND , IF SO, WHICH7 SUBJECT USE OR SUBJECT USES WERE INVOLVED .8 (3) I N SATISFYING THE REPORTING REQUIREMENTS DESCRIBED IN9 SUBSECTIONS (1) AND (2) OF THIS SECTION, A SOCIAL MEDIA COMPANY10 SHALL CERTIFY THAT ALL REASONABLE EFFORTS HAVE BEEN MADE TO11 PROVIDE COMPLETE, TRUE, AND ACCURATE INFORMATION IN FULFILLMENT12 OF THE REQUIREMENTS OF THIS SECTION.13 6-1-1605. Social media companies - minor usage report14 required. (1) O N AN ANNUAL BASIS IN ACCORDANCE WITH SECTION15 6-1-1606, A SOCIAL MEDIA COMPANY SHALL MAKE PUBLICLY AVAILABLE ,16 IN A MACHINE-READABLE AND OPEN FORMAT AND IN A LOCATION THAT IS17 EASILY ACCESSIBLE, A REPORT THAT INCLUDES, FOR EACH SOCIAL MEDIA18 PLATFORM OWNED OR OPERATED BY THE SOCIAL MEDIA COMPANY :19 (a) F OR THE PRECEDING CALENDAR YEAR , THE FOLLOWING DATA20 CONCERNING HOW MINORS IN THE UNITED STATES USED THE SOCIAL21 MEDIA PLATFORM, DISAGGREGATED BY AGE CATEGORY AND GENDER FOR22 ALL USERS IN THE UNITED STATES AND FOR ALL USERS IN COLORADO:23 (I) T HE TOTAL NUMBER OF MINOR USERS WHO USED THE SOCIAL24 MEDIA PLATFORM;25 (II) T HE AVERAGE AMOUNT OF TIME SPENT EACH DAY ON THE26 SOCIAL MEDIA PLATFORM BY MINOR USERS , WITH RESPECT TO THE TENTH,27 SB25-086 -19- TWENTY-FIFTH, FIFTIETH, SEVENTY-FIFTH, NINETIETH, NINETY-NINTH, AND1 NINETY-NINE AND NINE-TENTHS PERCENTILES OF DAILY USE BY ALL MINOR2 USERS;3 (III) T HE DISTRIBUTION OF MINOR USERS WHO SPEND AT LEAST4 ONE HOUR PER DAY ON THE SOCIAL MEDIA PLATFORM , REPORTED IN5 ONE-HOUR INCREMENTS, FROM ONE HOUR THROUGH TWENTY -FOUR6 HOURS;7 (IV) T HE DISTRIBUTION OF MINOR USERS WHO SPEND MORE THAN8 THIRTY MINUTES ON THE SOCIAL MEDIA PLATFORM BETWEEN THE HOURS9 OF 10 P.M. AND 6 A.M., REPORTED IN THIRTY-MINUTE INCREMENTS;10 (V) T HE AVERAGE PERCENTAGE OF THE SOCIAL MEDIA PLATFORM 'S11 TOTAL MINOR USERS WHO USE THE SOCIAL MEDIA PLATFORM FOR EACH12 HOUR OF EACH DAY;13 (VI) O N AVERAGE, HOW MANY NOTIFICATIONS WERE SENT EACH14 DAY WITH RESPECT TO THE TENTH , TWENTY-FIFTH, FIFTIETH,15 SEVENTY-FIFTH, NINETIETH, NINETY-NINTH, AND NINETY-NINE AND16 NINE-TENTHS PERCENTILES OF MINOR USERS RECEIVING NOTIFICATIONS ;17 (VII) O N AVERAGE, HOW MANY NOTIFICATIONS WERE SENT WITH18 RESPECT TO THE TENTH , TWENTY-FIFTH, FIFTIETH, SEVENTY-FIFTH,19 NINETIETH, NINETY-NINTH, AND NINETY-NINE AND NINE -TENTHS20 PERCENTILES OF MINOR USERS DURING EACH HOUR BETWEEN THE HOURS21 OF 8 A.M. AND 3 P.M.;22 (VIII) O N AVERAGE, HOW MANY NOTIFICATIONS WERE SENT WITH23 RESPECT TO THE TENTH , TWENTY-FIFTH, FIFTIETH, SEVENTY-FIFTH,24 NINETIETH, NINETY-NINTH, AND NINETY-NINE AND NINE -TENTHS25 PERCENTILES OF MINOR USERS DURING EACH HOUR BETWEEN THE HOURS26 OF 10 P.M. AND 6 A.M.;27 SB25-086 -20- (IX) THE ONE HUNDRED PIECES OF PUBLIC CONTENT MOST1 FREQUENTLY VIEWED BY MINOR USERS EACH MONTH , INCLUDING2 HYPERLINKS TO EACH PIECE OF CONTENT ;3 (X) T HE TOTAL NUMBER OF MINOR USERS WHO HAVE VIEWED ,4 COMMENTED ON, SHARED, OR OTHERWISE INTERACTED WITH ACTIONED5 CONTENT THAT WAS FOUND TO VIOLATE THE SOCIAL MEDIA PLATFORM 'S6 PUBLISHED POLICIES, DISAGGREGATED BY PUBLISHED POLICY VIOLATION7 TYPE AND BY SUBJECT USE;8 (XI) A LIST OF MINOR SAFETY TOOLS MADE AVAILABLE BY THE9 SOCIAL MEDIA PLATFORM , NOTING WHICH TOOLS ARE ENABLED BY10 DEFAULT AND THE TOTAL NUMBER AND PERCENTAGE OF MINOR USERS11 WHO HAVE EACH TOOL ENABLED ; AND12 (XII) I F THE SOCIAL MEDIA PLATFORM MAKES AVAILABLE THE13 ABILITY TO LINK A PARENT OR FAMILY ACCOUNT , THE PERCENTAGE OF14 MINOR USERS WHO HAVE LINKED THEIR ACCOUNT TO SUCH A PARENT OR15 FAMILY ACCOUNT;16 (b) A GENERAL DESCRIPTION OF THE SOCIAL MEDIA PLATFORM 'S17 PUBLISHED POLICIES REGARDING THE AGE OF USERS AND HOW THE SOCIAL18 MEDIA PLATFORM VERIFIES USERS ' AGES, HOW THE SOCIAL MEDIA19 COMPANY THAT OPERATES THE SOCIAL MEDIA PLATFORM RESPONDS TO20 USER REPORTS OF POTENTIAL VIOLATIONS , AND WHAT ACTION IS TAKEN21 WHEN A USER IS FOUND TO HAVE VIOLATED THE SOCIAL MEDIA22 PLATFORM'S PUBLISHED POLICIES REGARDING AGE, INCLUDING:23 (I) T HE TOTAL NUMBER OF USERS THE SOCIAL MEDIA PLATFORM24 IDENTIFIED, EITHER THROUGH USERS, EMPLOYEES, OR AUTOMATED MEANS,25 WHO DID NOT PROVIDE THEIR TRUE AGES TO THE SOCIAL MEDIA PLATFORM26 OR WHO OTHERWISE VIOLATED THE SOCIAL MEDIA PLATFORM 'S PUBLISHED27 SB25-086 -21- POLICIES REGARDING AGE, DISAGGREGATED BY AGE CATEGORY ; AND1 (II) T HE SOCIAL MEDIA COMPANY'S RESPONSE TO USERS IDENTIFIED2 AS NOT PROVIDING THEIR TRUE AGES OR OTHERWISE VIOLATING THE3 SOCIAL MEDIA PLATFORM 'S PUBLISHED POLICIES REGARDING AGE ,4 INCLUDING THE TOTAL NUMBER OF USER ACCOUNTS THAT WERE ACTIONED5 BY THE SOCIAL MEDIA COMPANY AND A BREAKDOWN BY PERCENTAGES OF6 THE ACTIONS TAKEN, DISAGGREGATED BY AGE CATEGORY ; AND7 (c) A DESCRIPTION OF ALL PRODUCT EXPERIMENTS THAT HAVE8 BEEN CONDUCTED ON ONE THOUSAND OR MORE MINOR USERS , INCLUDING9 A DESCRIPTION OF THE EXPERIMENTAL CONDITIONS AND THE RESULTS OF10 EACH PRODUCT EXPERIMENT .11 (2) I N SATISFYING THE REPORTING REQUIREMENT DESCRIBED IN12 SUBSECTION (1) OF THIS SECTION, A SOCIAL MEDIA COMPANY SHALL13 CERTIFY THAT ALL REASONABLE EFFORTS HAVE BEEN MADE TO PROVIDE14 COMPLETE, TRUE, AND ACCURATE INFORMATION IN FULFILLMENT OF THE15 REQUIREMENTS OF THIS SECTION.16 6-1-1606. Timing of reports - public disclosures. (1) T HE FIRST17 SUBMISSION OF REPORTS BY A SOCIAL MEDIA COMPANY MADE PURSUANT18 TO SECTION 6-1-1604 (1) AND (2) AND THE FIRST PUBLIC DISCLOSURE OF19 REPORTS BY A SOCIAL MEDIA COMPANY MADE PURSUANT TO SECTION20 6-1-1605 (1) SHALL OCCUR NO LATER THAN ONE HUNDRED EIGHTY DAYS21 AFTER THE EFFECTIVE DATE OF THIS PART 16, AS AMENDED. THEREAFTER,22 REPORTS SHALL BE SUBMITTED NO LATER THAN FEBRUARY 1 OF EACH23 YEAR.24 (2) E ACH REPORT SUBMITTED PURSUANT TO SECTION 6-1-1604 (1)25 AND (2) MAY BE MADE AVAILABLE TO THE PUBLIC AT THE ATTORNEY26 GENERAL'S DISCRETION.27 SB25-086 -22- 6-1-1607. Social media companies and social media platforms1 - removal of users for prohibited activity. (1) E XCEPT AS DESCRIBED2 IN SUBSECTION (3) OF THIS SECTION, UPON THE DETECTION BY A SOCIAL3 MEDIA PLATFORM OR SOCIAL MEDIA COMPANY , OR UPON THE4 NOTIFICATION TO A SOCIAL MEDIA PLATFORM OR SOCIAL MEDIA COMPANY5 BY A USER, A PARENT OF A MINOR USER, A VISITOR, OR A COLORADO LAW6 ENFORCEMENT AGENT , THAT A USER OF A SOCIAL MEDIA PLATFORM7 ENGAGES IN ONE OR MORE SUBJECT USES , THE SOCIAL MEDIA COMPANY8 THAT OPERATES THE SOCIAL MEDIA PLATFORM SHALL :9 (a) D ETERMINE WITHIN SEVENTY-TWO HOURS AFTER DETECTION10 OR NOTIFICATION WHETHER THE USER VIOLATED THE SOCIAL MEDIA11 PLATFORM'S PUBLISHED POLICIES; AND12 (b) I F THE SOCIAL MEDIA COMPANY DETERMINES THAT THE USER13 VIOLATED THE SOCIAL MEDIA PLATFORM 'S PUBLISHED POLICIES,14 TERMINATE THE USER'S ACCOUNT ON THE SOCIAL MEDIA PLATFORM15 WITHIN TWENTY-FOUR HOURS AFTER THE DETERMINATION IS MADE AND16 USE AVAILABLE METHODS AND TECHNOLOGY TO PREVENT THE USER FROM17 OPERATING, REGISTERING, ESTABLISHING, OR OPENING AN ACCOUNT OR18 PROFILE ON THE PLATFORM.19 (2) A SOCIAL MEDIA COMPANY SHALL :20 (a) I MPLEMENT A REVIEW PROCESS ALLOWING A USER TO APPEAL21 A DETERMINATION DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION; AND22 (b) R EVIEW AN APPEAL AND MAKE A DETERMINATION CONCERNING23 THE APPEAL WITHIN FOURTEEN CALENDAR DAYS AFTER THE USER24 REQUESTS AN APPEAL.25 (3) A SOCIAL MEDIA PLATFORM MAY ALLOW A USER TO SELL OR26 ADVERTISE MEDICAL MARIJUANA OR RETAIL MARIJUANA TO USERS WHO27 SB25-086 -23- ARE AT LEAST TWENTY-ONE YEARS OF AGE SO LONG AS THE SALE OR1 ADVERTISING COMPLIES WITH ANY RULES ADOPTED PURSUANT TO SECTION2 44-10-203 (3)(a).3 6-1-1608. Social media contact process - search warrants -4 deadline for compliance - extension of deadline - applicability. (1) A5 SOCIAL MEDIA COMPANY SHALL ENSURE THAT EACH OF ITS SOCIAL MEDIA6 PLATFORMS PROVIDES A STREAMLINED PROCESS TO ALLOW COLORADO7 LAW ENFORCEMENT AGENCIES TO CONTACT THE SOCIAL MEDIA COMPANY ,8 WHICH PROCESS DOES AT LEAST THE FOLLOWING :9 (a) M AKES AVAILABLE A STAFFED HOTLINE FOR COLORADO LAW10 ENFORCEMENT AGENCY PERSONNEL FOR PURPOSES OF :11 (I) R ECEIVING AND RESPONDING TO QUESTIONS ABOUT SEARCH12 WARRANTS;13 (II) A CKNOWLEDGING RECEIPT OF A SEARCH WARRANT ; AND14 (III) P ROVIDING STATUS UPDATES ON SEARCH WARRANT15 COMPLIANCE TO A REQUESTING COLORADO LAW ENFORCEMENT AGENCY ;16 (b) I NCLUDES A METHOD TO PROVIDE REGULAR STATUS UPDATES17 TO A REQUESTING COLORADO LAW ENFORCEMENT AGENCY IN RESPONSE18 TO A QUESTION PERTAINING TO A SEARCH WARRANT , AN19 ACKNOWLEDGMENT OF RECEIPT OF A SEARCH WARRANT , OR THE STATUS20 OF FULFILLING THE REQUEST OF A SEARCH WARRANT ; AND21 (c) P ROVIDES CONTINUOUS AVAILABILITY OF THE PROCESS TO22 C OLORADO LAW ENFORCEMENT AGENCIES .23 (2) E XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION OR24 ANY OTHER LAW, INCLUDING SECTION 32 OF ARTICLE II OF THE STATE25 CONSTITUTION; THE "COLORADO PRIVACY ACT", PART 13 OF THIS ARTICLE26 1; SECTION 16-3-301 (4); AND THE "REPRODUCTIVE HEALTH EQUITY27 SB25-086 -24- ACT", PART 4 OF ARTICLE 6 OF TITLE 25, A SOCIAL MEDIA COMPANY SHALL1 COMPLY WITH A SEARCH WARRANT WITHIN SEVENTY -TWO HOURS AFTER2 RECEIVING THE SEARCH WARRANT IF ALL OF THE FOLLOWING APPLY :3 (a) T HE SEARCH WARRANT IS PROVIDED TO THE SOCIAL MEDIA4 COMPANY BY A COLORADO LAW ENFORCEMENT AGENCY ;5 (b) T HE SUBJECT OF THE SEARCH WARRANT IS INFORMATION6 ASSOCIATED WITH AN ACCOUNT ON A SOCIAL MEDIA PLATFORM OPERATED7 BY THE SOCIAL MEDIA COMPANY ; AND8 (c) T HE INFORMATION IS CONTROLLED BY A USER OF THE SOCIAL9 MEDIA PLATFORM.10 (3) A COURT MAY REASONABLY EXTEND THE TIME REQUIRED TO11 COMPLY WITH A SEARCH WARRANT PURSUANT TO SUBSECTION (2) OF THIS12 SECTION IF THE COURT MAKES A WRITTEN FINDING THAT THE SOCIAL13 MEDIA COMPANY HAS SHOWN GOOD CAUSE FOR THE EXTENSION AND THAT14 AN EXTENSION WOULD NOT CAUSE AN ADVERSE RESULT , AS DEFINED IN 1815 U.S.C. SEC. 2705 (a)(2).16 (4) T HIS SECTION DOES NOT APPLY TO A SOCIAL MEDIA PLATFORM17 WITH FEWER THAN ONE MILLION DISCRETE MONTHLY USERS .18 6-1-1609. Violations - unfair or deceptive trade practice. A19 PERSON THAT KNOWINGLY OR RECKLESSLY VIOLATES THIS PART 16 OR20 AIDS OR ABETS A VIOLATION OF THIS PART 16 COMMITS A DECEPTIVE21 TRADE PRACTICE, AS DESCRIBED IN SECTION 6-1-105 (1)(iiii).22 6-1-1610. Duties and obligations not exclusive - remedies not23 exclusive. (1) T HE DUTIES AND OBLIGATIONS IMPOSED BY THIS PART 1624 ARE IN ADDITION TO ANY OTHER DUTIES OR OBLIGATIONS IMPOSED UNDER25 LOCAL, STATE, OR FEDERAL LAW, AND THIS PART 16 DOES NOT RELIEVE26 ANY PARTY FROM ANY DUTIES OR OBLIGATIONS IMPOSED UNDER LAW .27 SB25-086 -25- (2) THE REMEDIES OR PENALTIES PROVIDED BY THIS PART 16 ARE1 IN ADDITION TO ANY OTHER REMEDIES OR PENALTIES AVAILABLE UNDER2 LOCAL, STATE, OR FEDERAL LAW.3 6-1-1611. Severability. I F ANY PROVISION OF THIS PART 16 OR THE4 APPLICATION OF THIS PART 16 TO ANY PERSON OR CIRCUMSTANCE IS HELD5 INVALID, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR6 APPLICATIONS OF THIS PART 16 THAT CAN BE GIVEN EFFECT WITHOUT THE7 INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF8 THIS PART 16 ARE DECLARED TO BE SEVERABLE.9 6-1-1612. Rules. T HE ATTORNEY GENERAL MAY ADOPT RULES FOR10 THE PURPOSE OF CARRYING OUT THIS PART 16.11 SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)12 as follows:13 6-1-105. Unfair or deceptive trade practices - definitions.14 (1) A person engages in a deceptive trade practice when, in the course of15 the person's business, vocation, or occupation, the person:16 (iiii) K NOWINGLY OR RECKLESSLY VIOLATES OR AIDS OR ABETS17 THE COMMISSION OF A VIOLATION OF PART 16 OF THIS ARTICLE 1.18 SECTION 4. Act subject to petition - effective date. This act19 takes effect at 12:01 a.m. on the day following the expiration of the20 ninety-day period after final adjournment of the general assembly; except21 that, if a referendum petition is filed pursuant to section 1 (3) of article V22 of the state constitution against this act or an item, section, or part of this23 act within such period, then the act, item, section, or part will not take24 effect unless approved by the people at the general election to be held in25 November 2026 and, in such case, will take effect on the date of the26 official declaration of the vote thereon by the governor.27 SB25-086 -26-