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