Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S51 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 1313 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 51
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John C. Velis
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to social media, algorithm accountability, and transparency.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :John C. VelisHampden and Hampshire 1 of 8
16	16	SENATE DOCKET, NO. 1313 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 51
18	18	By Mr. Velis, a petition (accompanied by bill, Senate, No. 51) of John C. Velis for legislation
19	19	relative to social media, algorithm accountability, and transparency. Advanced Information
20	20	Technology, the Internet and Cybersecurity.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to social media, algorithm accountability, and transparency.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 12 of the General Laws, as so appearing, is hereby amended by
30	30	2inserting after section 35 the following section:-
31	31	3 Section 36. (a) As used in this section the following words shall, unless the context
32	32	4clearly requires otherwise, have the following meanings:-
33	33	5 “Algorithm”, computational process that uses machine learning, natural language
34	34	6processing, artificial intelligence techniques, or other computational processing techniques of
35	35	7similar or greater complexity and that makes a decision or facilitates human decision-making
36	36	8with respect to users personal information, including to determine the provision of products or
37	37	9services or to rank, order, promote, recommend, amplify or similarly determine the delivery or
38	38	10display of information to an individual. For purposes of this section, an algorithm will refer to
39	39	11recommendation algorithms, also known as engagement-based algorithms, which passively
40	40	12populate a user’s feed or experience with content without any direct action or request by the user. 2 of 8
41	41	13 “Children”, consumers under 18 years of age.
42	42	14 “Covered platform”, an internet website, online service, online application, or mobile
43	43	15application, including, but not limited to, a social media platform that conducts business in this
44	44	16state or that produces products or services that is accessed by residents and that during the
45	45	17preceding calendar year: (1) controlled or processed the personal information of not less than one
46	46	18hundred thousand consumers, excluding personal information controlled or processed solely for
47	47	19the purpose of completing a payment transaction; or (2) controlled or processed the personal
48	48	20information of not less than twenty-five thousand consumers and derived more than twenty-five
49	49	21per cent of their gross revenue from the sale of personal data.
50	50	22 “Consumer”, a natural person who is a Massachusetts resident, however identified,
51	51	23including by any unique identifier.
52	52	24 “Independent third-party auditor”, auditing organization that has no affiliation with a
53	53	25covered platform as defined by this section.
54	54	26 “Likely to be accessed”, reasonable expectation, based on the following factors, that a
55	55	27covered platform would be accessed by children: (1) the covered platform is directed to children
56	56	28as defined by the Children’s Online Privacy Protection Act (15 U.S.C. Sec. 6501 et seq.); (2) the
57	57	29covered platform is determined based on audience composition where children comprise at least
58	58	3010% of its audience; (3) the covered platform is paid for advertisements on its platform that are
59	59	31marketed to children; (4) the covered platform is substantially similar or the same as a covered
60	60	32platform that satisfies subsection (2); and (5) a significant amount of the audience of the covered
61	61	33platform, 10% or more, is determined, based on internal company research, to be children. 3 of 8
62	62	34 "Process" or "processing", any operation or set of operations performed, whether by
63	63	35manual or automated means, on personal information or on sets of personal information, such as
64	64	36the collection, use, storage, disclosure, analysis, deletion or modification of personal
65	65	37information.
66	66	38 “Personal information”, information linked or reasonably linkable to an identified or
67	67	39identifiable individual.
68	68	40 “Social media platform”, public or semipublic internet-based service or application that
69	69	41has users in Massachusetts and that meets both of the following criteria: (1) a substantial
70	70	42function of the service or application is to connect users and allow users to interact socially with
71	71	43each other within the service or application; provided further, that an internet-based service or
72	72	44application that provides email or direct messaging services shall not be considered to meet this
73	73	45criterion on this function alone; provided further that a service or application that is an internet
74	74	46search engine or website whose primary focus is e-commerce, which would include the buying,
75	75	47selling, or exchange of goods or services over the internet, including business-to-business,
76	76	48business-to-consumer, and consumer-to-consumer transactions shall not be considered to meet
77	77	49this criterion on the basis of that function alone; and (2) the application allows users to: (i)
78	78	50construct a public or semipublic profile for purposes of signing into and using the service or
79	79	51application; (ii) populate a list of other users with whom an individual shares a social connection
80	80	52within the system; and (iii) create or post content viewable by other users, including, but not
81	81	53limited to, on message boards, in chat rooms, or through a landing page or main feed that
82	82	54presents the user with content generated by other users. 4 of 8
83	83	55 “Experts in the mental health and public policy fields”, (1) academic experts, health
84	84	56professionals, and members of civil society with expertise in mental health, substance use
85	85	57disorders, and the prevention of harms to minors; (2) representatives in academia and civil
86	86	58society with specific expertise in privacy and civil liberties; (3) parents and youth representation;
87	87	59(4) representatives of the national telecommunications and information administration, the
88	88	60national institute of standards and technology, the federal trade commission, the office of the
89	89	61attorney general of Massachusetts, and the Massachusetts executive office of health and human
90	90	62services; (5) state attorneys general or their designees acting in State or local government; and
91	91	63(6) representatives of communities of socially disadvantaged individuals as defined in section 8
92	92	64of the Small Business Act, 15 U.S.C. 637.
93	93	65 (b) There shall be an office of social media transparency and accountability, which shall
94	94	66be supervised and controlled by the office of the attorney general. The office shall receive,
95	95	67review and maintain the reports from covered platforms, to enforce this section, and to adopt
96	96	68regulations to clarify the requirements of this section.
97	97	69 (c) Annually before January 1, covered platforms shall register with the office by
98	98	70providing: (i) a registration fee, determined by the office of the attorney general; (ii) the
99	99	71platform’s name; (iii) physical address; (iv) email; and (v) internet address.
100	100	72 (d) The office shall compile a list of approved, independent third-party auditors and shall
101	101	73assign independent third-party auditors to conduct algorithm risk audits of covered platforms.
102	102	74Risk audits shall be conducted monthly by third-party auditors, unless specified otherwise by the
103	103	75office. Audits and associated costs shall be paid for by covered platforms. The algorithm risk
104	104	76audits shall focus on harms to children, including but not limited to: (i) mental health disorders 5 of 8
105	105	77including anxiety, depression, eating disorders, substance abuse disorders, and suicidal
106	106	78behaviors; (ii) patterns of use that indicate or encourage addiction-like behaviors; (iii) physical
107	107	79violence, online bullying, and harassment of the minor; (iv) sexual exploitation and abuse; (v)
108	108	80promoting and market of narcotic drugs as defined in section 102 of the Controlled Substances
109	109	81Act, 21 U.S.C. 802, tobacco products, gambling, or alcohol; and (vi) predatory, unfair or
110	110	82deceptive marketing practices, or other financial harms.
111	111	83 (e) Annually before January 1, the office shall empanel an Advisory Council of experts in
112	112	84the mental health and public policy fields as defined in this section to review these harms and
113	113	85identify additional ways covered platforms cause harms to children.
114	114	86 (f) Annually before July 1, the office shall promulgate regulations based on the
115	115	87cumulation of the potential harms identified by the Advisory Council that update the specific
116	116	88harms that must be examined by the algorithm risk audits required under this section.
117	117	89 (g) Beginning on January 1, 2026, covered platforms shall annually submit transparency
118	118	90reports to the office containing, but not limited to: (i) assessment of whether the covered
119	119	91platform is likely to be accessed by children; (ii) description of the covered platform’s
120	120	92commercial interests in use of the platform by children; (iii) number of individuals using the
121	121	93covered platform reasonably believed to be children in the United States, disaggregated by the
122	122	94age ranges of 0-5, 6-9, 10-12, 13-15 and 16-17 years; (iv) median and mean amounts of time
123	123	95spent on the covered platform by children in the United States who have accessed the platform
124	124	96during the reporting year on a daily, weekly and monthly basis, disaggregated by the age ranges
125	125	97of 0-5, 6-9, 10-12, 13-15 and 16-17 years; (v) description of whether and how the covered
126	126	98platform uses system design features to increase, sustain, or extend use of a product or service by 6 of 8
127	127	99users, including automatic playing of media, rewards for time spent and notifications; (vi)
128	128	100description of whether, how and for what purpose the covered platform collects or processes
129	129	101personal information that may cause reasonably foreseeable risk of harm to children; (vii) total
130	130	102number of complaints received regarding, and the prevalence of issues related to, the harms
131	131	103described in section 1, disaggregated by category of harm; (viii) description of the mechanism by
132	132	104which the public may submit complaints, the internal processes for handling complaints, and any
133	133	105automated detection mechanisms for harms to children, including the rate, timeliness, and
134	134	106effectiveness of responses.
135	135	107 (h) By January 1, 2027, covered platforms shall submit preliminary reports to the office.
136	136	108The preliminary report must measure the incidence of each of the specific harms identified in
137	137	109subsection (d) that occur on the covered platform. The office must consult with independent
138	138	110third-party auditors and covered platforms to determine what data shall be used to produce the
139	139	111preliminary reports.
140	140	112 After a covered platform has submitted a preliminary report, the covered platform may
141	141	113agree that the office will consult with independent third-party auditors and the covered platform
142	142	114to set benchmarks the covered platform must meet to reduce the harms, identified in subsection
143	143	115(d) on its platform as indicated in the preliminary reports required under this section. Upon
144	144	116agreement, each covered platform shall thereafter produce biannual reports containing, but not
145	145	117limited to: (i) steps taken to mitigate harm on its platform, including implementation of any
146	146	118systems used to meet benchmarks; and (ii) measurements indicating the redaction in harm as a
147	147	119result of these systems. 7 of 8
148	148	120 In the case the covered platform has failed meet the benchmarks, upon agreement its
149	149	121annual report must also contain: (1) a mitigation plan detailing changes the platform intends to
150	150	122take to ensure future compliance with benchmarks; and (2) a written explanation regarding the
151	151	123reasons the benchmarks were not met.
152	152	124 If a covered platform should choose not to consult with independent third-party auditors
153	153	125to set benchmarks it must meet to reduce the harms, identified in subsection (d), on its platform
154	154	126as indicated in the preliminary reports required under this subsection, the attorney general is not
155	155	127precluded from pursuing any other legal remedy available at law to mitigate harms.
156	156	128 (i) The records generated by this section shall be subject to chapter 66 of the General
157	157	129Laws and shall be made accessible to the public on the attorney general’s website. However, to
158	158	130the extent any information contained within a report required by this section is trade secret,
159	159	131proprietary or privileged, covered platforms may request such information be redacted from the
160	160	132copy of the report that is obtainable under the public records law and on the attorney general’s
161	161	133website. The office will conduct a confidential, in-camera review of requested redactions to
162	162	134determine whether the information is trade secret, proprietary or privileged information that
163	163	135should not be made accessible for public review. All information from the copy of the report
164	164	136submitted to the office, including redactions, will be maintained by a covered platform in their
165	165	137internal records.
166	166	138 (j) A covered platform shall be considered in violation of this section for the following:
167	167	139(i) fails to register with the office; (ii) materially omits or misrepresents required information in a
168	168	140submitted report; or (iii) fails to timely submit a report to the office. 8 of 8
169	169	141 (1) A covered platform in violation of this section is subject to an injunction and liable
170	170	142for a civil penalty not to exceed $500,000 per violation, which shall be assessed and recovered in
171	171	143a civil action brought by the attorney general. In assessing the amount of a civil penalty pursuant
172	172	144to this section, the court shall consider whether the covered platform made a reasonable, good
173	173	145faith attempt to comply with the provisions of this section. Any penalties, fees, and expenses
174	174	146recovered in an action brought under this section shall be collected by the office of the attorney
175	175	147general with the intent that they be used to fully offset costs in connection with the enforcement
176	176	148of this section and to promote the positive mental health outcomes of the children of
177	177	149Massachusetts.
178	178	150 (k) If any provision of this section, or any application of such provision to any person or
179	179	151circumstance, is held to be unconstitutional, the remainder of this section and the application of
180	180	152this section to any other person or circumstance shall not be affected.