Georgia 2023-2024 Regular Session

Georgia Senate Bill SB93 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 ~~SB 93/AP~~
2		-	S. B. 93
	1	+	23 LC 39 3900S
	2	+	S. B. 93 (SUB)
3	3		- 1 -
4		-	Senate Bill 93
5		-	By: Senators Anavitarte of the 31st, Kennedy of the 18th, Gooch of the 51st, Robertson of
6		-	the 29th, Brass of the 28th and others
7		-	AS PASSED
	4	+	The House Committee on Public Safety and Homeland Security offers the following
	5	+	substitute to SB 93:
8	6		A BILL TO BE ENTITLED
9	7		AN ACT
10		-	To amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, relating to
11		-	1
	8	+	To amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, relating to1
12	9		information technology, so as to restrict the use of certain social media platforms on state2
13	10		equipment; to provide for definitions; to prohibit a state employee or student from installing,3
14	11		using, or visiting a social media platform that is controlled or influenced by a foreign4
15	12		adversary on state equipment; to provide for exceptions; to provide for applicability; to5
16	13		provide for the establishment and maintenance of a list of prohibited social media platforms6
17	14		upon state equipment by the director of the Georgia Emergency Management and Homeland7
18	15		Security Agency; to make such list available to the public; to provide for interpretation; to8
19	16		provide for related matters; to provide for legislative findings; to provide for an effective9
20	17		date; to repeal conflicting laws; and for other purposes.10
21	18		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
22	19		SECTION 1.12
23	20		The General Assembly finds that:13
24	21		(1) This state has a fundamental interest in ensuring the safety, security, and general14
25		-	welfare of the government and the public, including maintaining a strong and robust15
	22	+	welfare of the government and the public, including maintaining a strong and robust15 23 LC 39 3900S
	23	+	S. B. 93 (SUB)
	24	+	- 2 -
26	25		cybersecurity infrastructure and protecting the security and integrity of the state16
27		-	government's data; 17 23 SB 93/AP
28		-	S. B. 93
29		-	- 2 -
30		-	(2) This state has a duty to take action to preserve the safety and security of this state and
31		-	18
	26	+	government's data; 17
	27	+	(2) This state has a duty to take action to preserve the safety and security of this state and18
32	28		the people and businesses of this state against cyberthreats from foreign adversaries; 19
33	29		(3) Companies that own or operate social media platforms have the capability to track and20
34	30		store users' detailed public and nonpublic personal data; 21
35	31		(4) Certain social media platforms are owned by companies that are located in countries22
36	32		that are considered foreign adversaries to the United States, and such social media23
37	33		platforms pose a security risk to the people of this state due to such foreign government's24
38	34		access to the data of users in this state;25
39	35		(5) Certain foreign adversaries, such as the People's Republic of China, legally require26
40	36		companies to share data with their respective foreign governments; and27
41	37		(6) Executive and legislative branches of the federal government and state governments,28
42	38		including this state, have taken actions to prohibit the use of certain social media platforms29
43	39		on all government issued equipment, citing security concerns.30
44	40		SECTION 2.31
45	41		Chapter 29 of Title 50 of the Official Code of Georgia Annotated, relating to information32
46	42		technology, is amended by designating Code Sections 50-29-1 through 50-29-12 as Article 133
47	43		and by adding a new article to read as follows:34
48		-	"ARTICLE 2
49		-	35
	44	+	"ARTICLE 235
50	45		50-29-20.36
51	46		As used in this article, the term:37
52	47		(1) 'Company' means any sole proprietorship, organization, association, corporation,38
53		-	partnership, joint venture, limited partnership, limited liability partnership, limited39
54		-	liability company, or other entity or business association, including all wholly owned40 23 SB 93/AP
55		-	S. B. 93
	48	+	partnership, joint venture, limited partnership, limited liability partnership, limited39 23 LC 39 3900S
	49	+	S. B. 93 (SUB)
56	50		- 3 -
	51	+	liability company, or other entity or business association, including all wholly owned40
57	52		subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities41
58	53		or business associations, that exists for the purpose of making profit.42
59	54		(2) 'Foreign adversary' means a foreign government or foreign nongovernmental entity43
60	55		as listed in 15 C.F.R. 7.4(a) in effect on January 1, 2023.44
61	56		(3) 'Social media platform' means an internet website or application that is open to the45
62	57		public, allows users to create accounts, enables users to communicate or interact with46
63	58		other users, permits users to create or post content, messages, information, or images that47
64	59		are viewable by other users, and permits users to comment on or message other users48
65	60		regarding such content, messages, information, or images.49
66	61		(4) 'State agency' means any agency, authority, department, institution, board, bureau,50
67	62		commission, committee, office, or instrumentality of the executive, legislative, or judicial51
68	63		branch of government of this state.52
69	64		(5) 'State employee' means an officer, official, employee, or independent contractor of53
70	65		a state agency.54
71	66		(6) 'State equipment' means any electronic device, including any system, computer,55
72	67		mobile electronic device, or other technological equipment capable of internet56
73	68		connectivity, that is owned, leased, or otherwise controlled by a state agency and used for57
74	69		state business.58
75	70		(7) 'Student' means a person who is included in a full-time equivalent program count59
76	71		under Code Section 20-2-160.60
77	72		50-29-21.61
78	73		(a) Except as provided for in subsection (b) of this Code section, a state employee or62
79	74		student shall not install, use, or visit any social media platform on state equipment when:63
80	75		(1) The company that directly or indirectly owns or operates such social media platform64
81		-	is:65 23 ~~SB 93/AP~~
82		-	S. B. 93
	76	+	is:65 23 LC 39 3900S
	77	+	S. B. 93 (SUB)
83	78		- 4 -
84	79		(A) Directly or indirectly owned or operated by a foreign adversary or is domiciled in,66
85	80		has its principal place of business in, has headquarters in, or is organized under the laws67
86	81		of a foreign adversary;68
87	82		(B) Domiciled or has its principal place of business or headquarters in a foreign69
88	83		adversary; or70
89	84		(C) Organized under the laws of a foreign adversary.71
90	85		(2) A foreign adversary has substantial direct or indirect control or influence over the72
91	86		content moderation practices of a company which directly or indirectly owns or operates73
92	87		the social media platform; or74
93	88		(3) The social media platform uses software or an algorithm that is directly or indirectly75
94	89		controlled or monitored by a foreign adversary.76
95	90		(b) Notwithstanding the provisions in subsection (a) of this Code section, a state employee77
96	91		shall be authorized to install, use, or visit a social media platform that is otherwise78
97	92		prohibited pursuant to this Code section on state equipment for law enforcement purposes,79
98	93		cybersecurity research and development, or judicial or legislative proceedings.80
99	94		(c) The provisions of this Code section shall be broadly construed and are applicable to the81
100	95		executive, legislative, and judicial branches of this state.82
101	96		50-29-22.83
102	97		(a) The director of the Georgia Emergency Management and Homeland Security Agency84
103	98		shall prepare and maintain a list of social media platforms that violate the provisions of85
104	99		Code Section 50-29-21, as determined by the director. Such list shall be made available86
105	100		to the public on such agency's website.87
106	101		(b) The director shall update the list of social media platforms provided for in88
107	102		subsection (a) of this Code section as necessary.89
108	103		(c) The requirements of Chapter 13 of this title, the 'Georgia Administrative Procedure90
109		-	Act,' shall not apply to this Code section.91 23 ~~SB 93/AP~~
110		-	S. B. 93
	104	+	Act,' shall not apply to this Code section.91 23 LC 39 3900S
	105	+	S. B. 93 (SUB)
111	106		- 5 -
112	107		50-29-23.92
113	108		Nothing in this article shall be construed to preempt any federal law or authority."93
114	109		SECTION 3.94
115	110		This Act shall become effective upon its approval by the Governor or upon its becoming law95
116	111		without such approval.96
117	112		SECTION 4.97
118	113		All laws and parts of laws in conflict with this Act are repealed.98