| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to consumer protection; regulating the use of social media for minors ages |
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| 3 | 3 | | 1.3 15 and younger; requiring anonymous age verification for websites harmful to |
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| 4 | 4 | | 1.4 minors; proposing coding for new law in Minnesota Statutes, chapter 325F. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. [325F.6947] SOCIAL MEDIA; USE BY MINORS. |
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| 7 | 7 | | 1.7 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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| 8 | 8 | | 1.8the meanings given. |
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| 9 | 9 | | 1.9 (b) "Account holder" means a resident who opens an account or creates a profile or is |
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| 10 | 10 | | 1.10identified by the social media platform by a unique identifier while using or accessing a |
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| 11 | 11 | | 1.11social media platform when the social media platform knows or has reason to believe the |
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| 12 | 12 | | 1.12resident is located in this state. |
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| 13 | 13 | | 1.13 (c) "Daily active users" means the number of unique users in the United States who used |
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| 14 | 14 | | 1.14the online forum, website, or application at least 80 percent of the days during the previous |
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| 15 | 15 | | 1.1512 months or, if the online forum, website, or application did not exist during the previous |
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| 16 | 16 | | 1.1612 months, the number of unique users in the United States who used the online forum, |
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| 17 | 17 | | 1.17website, or application at least 80 percent of the days during the previous month. |
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| 18 | 18 | | 1.18 (d) "Resident" means a person who lives in this state for more than six months of the |
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| 19 | 19 | | 1.19year. |
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| 20 | 20 | | 1.20 (e) "Social media platform" means an online forum, website, or application that satisfies |
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| 21 | 21 | | 1.21each of the following criteria: |
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| 22 | 22 | | 1.22 (1) allows users to upload content or view the content or activity of other users; |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | REVISOR VH/ES 25-0282202/26/25 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 1875 |
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| 30 | 30 | | NINETY-FOURTH SESSION |
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| 31 | 31 | | Authored by Engen, Duran, Stier and Allen03/05/2025 |
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| 32 | 32 | | The bill was read for the first time and referred to the Committee on Commerce Finance and Policy 2.1 (2) ten percent or more of the daily active users who are younger than 16 years of age |
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| 33 | 33 | | 2.2spend on average two hours per day or longer on the online forum, website, or application |
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| 34 | 34 | | 2.3on the days when using the online forum, website, or application during the previous 12 |
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| 35 | 35 | | 2.4months or, if the online forum, website, or application did not exist during the previous 12 |
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| 36 | 36 | | 2.5months, during the previous month; |
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| 37 | 37 | | 2.6 (3) employs algorithms that analyze user data or information on users to select content |
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| 38 | 38 | | 2.7for users; and |
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| 39 | 39 | | 2.8 (4) has any of the following addictive features: |
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| 40 | 40 | | 2.9 (i) infinite scrolling, which means either continuously loading content or content that |
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| 41 | 41 | | 2.10loads as the user scrolls down the page without the need to open a separate page, or seamless |
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| 42 | 42 | | 2.11content or the use of pages with no visible or apparent end or page breaks; |
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| 43 | 43 | | 2.12 (ii) push notifications or alerts sent by the online forum, website, or application to inform |
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| 44 | 44 | | 2.13a user about specific activities or events related to the user's account; |
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| 45 | 45 | | 2.14 (iii) personal interactive metrics that indicate the number of times other users have |
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| 46 | 46 | | 2.15clicked a button to indicate their reaction to content or have shared or reposted the content; |
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| 47 | 47 | | 2.16 (iv) autoplay video or video that begins to play without the user first clicking on the |
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| 48 | 48 | | 2.17video or on a play button for that video; or |
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| 49 | 49 | | 2.18 (v) live-streaming or a function that allows a user or advertiser to broadcast live video |
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| 50 | 50 | | 2.19content in real-time. |
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| 51 | 51 | | 2.20The term social media platform does not include an online service, website, or application |
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| 52 | 52 | | 2.21where the exclusive function is email or direct messaging consisting of text, photographs, |
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| 53 | 53 | | 2.22pictures, images, or videos shared only between the sender and the recipients without |
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| 54 | 54 | | 2.23displaying or posting publicly or sharing with users not specifically identified as the recipients |
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| 55 | 55 | | 2.24by the sender. |
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| 56 | 56 | | 2.25 Subd. 2.Requirements; minors younger than 14 years of age and social media.(a) |
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| 57 | 57 | | 2.26A social media platform must prohibit a minor who is younger than 14 years of age from |
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| 58 | 58 | | 2.27entering into a contract with a social media platform to become an account holder. A social |
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| 59 | 59 | | 2.28media company must terminate any account held by an account holder younger than 14 |
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| 60 | 60 | | 2.29years of age, including accounts that the social media platform treats or categorizes as |
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| 61 | 61 | | 2.30belonging to an account holder who is likely younger than 14 years of age for purposes of |
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| 62 | 62 | | 2.31targeting content or advertising, and provide 90 days for an account holder to dispute the |
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| 63 | 63 | | 2.32termination. Termination must be effective upon the expiration of the 90 days if the account |
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| 64 | 64 | | 2.33holder fails to effectively dispute the termination. |
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| 65 | 65 | | 2Section 1. |
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| 66 | 66 | | REVISOR VH/ES 25-0282202/26/25 3.1 (b) A social media platform must allow an account holder younger than 14 years of age |
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| 67 | 67 | | 3.2to request to terminate the account, and termination must be effective within five business |
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| 68 | 68 | | 3.3days after the request. A social media company must also allow the confirmed parent or |
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| 69 | 69 | | 3.4guardian of an account holder younger than 14 years of age to request that the minor's |
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| 70 | 70 | | 3.5account be terminated, and termination must be effective within ten business days after the |
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| 71 | 71 | | 3.6request. |
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| 72 | 72 | | 3.7 (c) The social media platform must permanently delete all personal information held by |
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| 73 | 73 | | 3.8the social media platform relating to the terminated account, unless there are legal |
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| 74 | 74 | | 3.9requirements to maintain the information. |
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| 75 | 75 | | 3.10 Subd. 3.Requirements; minors 14 and 15 years of age.(a) A social media platform |
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| 76 | 76 | | 3.11must prohibit a minor who is 14 or 15 years of age from entering into a contract with a |
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| 77 | 77 | | 3.12social media platform to become an account holder, unless the minor's parent or guardian |
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| 78 | 78 | | 3.13provides consent for the minor to become an account holder. A social media platform must |
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| 79 | 79 | | 3.14terminate any account held by an account holder who is 14 or 15 years of age, including |
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| 80 | 80 | | 3.15accounts that the social media platform treats or categorizes as belonging to an account |
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| 81 | 81 | | 3.16holder who is likely 14 or 15 years of age for purposes of targeting content or advertising, |
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| 82 | 82 | | 3.17if the account holder's parent or guardian has not provided consent for the minor to create |
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| 83 | 83 | | 3.18or maintain the account. The social media platform must provide 90 days for an account |
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| 84 | 84 | | 3.19holder to dispute the termination. Termination must be effective upon the expiration of the |
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| 85 | 85 | | 3.2090 days if the account holder fails to effectively dispute the termination. |
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| 86 | 86 | | 3.21 (b) A social media platform must allow an account holder who is 14 or 15 years of age |
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| 87 | 87 | | 3.22to request to terminate the account, and termination must be effective within five business |
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| 88 | 88 | | 3.23days after the request. A social media platform must allow the confirmed parent or guardian |
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| 89 | 89 | | 3.24of an account holder who is 14 or 15 years of age to request that the minor's account be |
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| 90 | 90 | | 3.25terminated, and termination must be effective within ten business days after the request. |
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| 91 | 91 | | 3.26 (c) A social media platform must permanently delete all personal information held by |
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| 92 | 92 | | 3.27the social media platform relating to the terminated account, unless there are legal |
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| 93 | 93 | | 3.28requirements to maintain the information. |
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| 94 | 94 | | 3.29 Subd. 4.Enforcement; penalties.(a) Any knowing or reckless violation of this section |
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| 95 | 95 | | 3.30is deemed an unfair and deceptive trade practice actionable under this chapter by the attorney |
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| 96 | 96 | | 3.31general, and the attorney general may bring an action against a social media platform for |
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| 97 | 97 | | 3.32an unfair or deceptive act or practice. In addition to other remedies available under section |
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| 98 | 98 | | 3.338.31, the attorney general may collect a civil penalty of up to $50,000 per violation and |
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| 99 | 99 | | 3.34reasonable attorney fees and court costs. When the social media platform's failure to comply |
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| 100 | 100 | | 3Section 1. |
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| 101 | 101 | | REVISOR VH/ES 25-0282202/26/25 4.1with this section is a consistent pattern of knowing or reckless conduct, punitive damages |
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| 102 | 102 | | 4.2may be assessed against the social media platform consistent with section 549.20. |
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| 103 | 103 | | 4.3 (b) If, by its own inquiry or as a result of complaints, the attorney general has reason to |
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| 104 | 104 | | 4.4believe that an entity or person has engaged in, or is engaging in, an act or practice that |
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| 105 | 105 | | 4.5violates this section, the attorney general may investigate using all available remedies under |
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| 106 | 106 | | 4.6the law. |
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| 107 | 107 | | 4.7 Subd. 5.Enforcement; damages to minor account holder.A social media platform |
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| 108 | 108 | | 4.8that knowingly or recklessly violates this section is liable to the minor account holder, |
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| 109 | 109 | | 4.9including court costs and reasonable attorney fees as ordered by the court. Claimants may |
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| 110 | 110 | | 4.10be awarded up to $10,000 in damages. A civil action for a claim under this subdivision must |
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| 111 | 111 | | 4.11be brought within one year from the date the complainant knew, or reasonably should have |
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| 112 | 112 | | 4.12known, of the alleged violation. An action brought under this subdivision may only be |
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| 113 | 113 | | 4.13brought on behalf of a minor account holder. |
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| 114 | 114 | | 4.14 Subd. 6.Jurisdiction; social media platform contracts.(a) For purposes of bringing |
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| 115 | 115 | | 4.15an action under this section, a social media platform that allows a minor account holder |
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| 116 | 116 | | 4.16younger than 14 years of age or a minor account holder who is 14 or 15 years of age to |
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| 117 | 117 | | 4.17create an account on the platform is considered to be both engaged in substantial activities |
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| 118 | 118 | | 4.18within this state and operating, conducting, engaging in, or carrying on a business and doing |
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| 119 | 119 | | 4.19business in this state, and is subject to the jurisdiction of the courts of this state. |
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| 120 | 120 | | 4.20 (b) For the purposes of this section, when a social media platform allows an account |
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| 121 | 121 | | 4.21holder to use the social media platform, the account holder, regardless of age, and the social |
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| 122 | 122 | | 4.22media platform have entered into a contract. |
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| 123 | 123 | | 4.23 Subd. 7.Other available remedies.This section does not preclude any other available |
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| 124 | 124 | | 4.24remedy at law or equity. |
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| 125 | 125 | | 4.25 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to causes |
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| 126 | 126 | | 4.26of action accruing on or after that date. |
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| 127 | 127 | | 4.27 Sec. 2. [325F.6948] SOCIAL MEDIA; AGE VERIFICATION. |
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| 128 | 128 | | 4.28 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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| 129 | 129 | | 4.29the meanings given. |
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| 130 | 130 | | 4.30 (b) "Anonymous age verification" means a commercially reasonable method used by a |
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| 131 | 131 | | 4.31government agency or a business for the purpose of age verification which is conducted by |
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| 132 | 132 | | 4.32a nongovernmental, independent third-party organization that is located in the United States |
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| 133 | 133 | | 4Sec. 2. |
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| 134 | 134 | | REVISOR VH/ES 25-0282202/26/25 5.1and not controlled by a foreign country, the government of a foreign country, or any other |
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| 135 | 135 | | 5.2entity formed in a foreign country. |
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| 136 | 136 | | 5.3 (c) "Commercial entity" includes a corporation, a limited liability company, a partnership, |
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| 137 | 137 | | 5.4a limited partnership, a sole proprietorship, and any other legally recognized entity. |
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| 138 | 138 | | 5.5 (d) "Disseminates" has the meaning given in section 604.30 for dissemination. |
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| 139 | 139 | | 5.6 (e) "Material harmful to minors" means any material that the average person applying |
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| 140 | 140 | | 5.7contemporary community standards would find, taken as a whole, appeals to the prurient |
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| 141 | 141 | | 5.8interest and depicts or describes, in a patently offensive way, sexual conduct that when |
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| 142 | 142 | | 5.9taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. |
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| 143 | 143 | | 5.10 (f) "News-gathering organization" means any newspaper, news publication, or news |
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| 144 | 144 | | 5.11source printed or published online or on a mobile platform that reports current news and |
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| 145 | 145 | | 5.12matters of public interest. News-gathering organization includes but is not limited to a radio |
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| 146 | 146 | | 5.13broadcast station, television broadcast station, and cable television operator. |
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| 147 | 147 | | 5.14 (g) "Publish" means to communicate or make information available to another person |
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| 148 | 148 | | 5.15or entity on a publicly available website or application. |
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| 149 | 149 | | 5.16 (h) "Resident" means a person who lives in this state for more than six months of the |
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| 150 | 150 | | 5.17year. |
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| 151 | 151 | | 5.18 (i) "Substantial portion" means more than 33.3 percent of total material on a website or |
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| 152 | 152 | | 5.19application. |
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| 153 | 153 | | 5.20 Subd. 2.Publishing material harmful to minors; age verification requirements.(a) |
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| 154 | 154 | | 5.21A commercial entity that knowingly and intentionally publishes or disseminates material |
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| 155 | 155 | | 5.22harmful to minors on a website or application, if the website or application contains a |
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| 156 | 156 | | 5.23substantial portion of material harmful to minors, must use anonymous age verification to |
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| 157 | 157 | | 5.24verify that the age of a person attempting to access the material is 18 years of age or older |
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| 158 | 158 | | 5.25and prevent access to the material by a person younger than 18 years of age. |
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| 159 | 159 | | 5.26 (b) A commercial entity must ensure that the requirements of subdivision 7 are met. |
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| 160 | 160 | | 5.27 Subd. 3.Exceptions for news and Internet service providers.(a) This section does |
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| 161 | 161 | | 5.28not apply to any bona fide news or public interest broadcast, website video, or report and |
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| 162 | 162 | | 5.29does not affect the rights of a news-gathering organization. |
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| 163 | 163 | | 5.30 (b) An Internet service provider or its affiliates or subsidiaries, a search engine, or a |
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| 164 | 164 | | 5.31cloud service provider does not violate this section solely for providing access or connection |
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| 165 | 165 | | 5.32to or from a website or other information or content on the Internet or a facility, system, or |
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| 166 | 166 | | 5Sec. 2. |
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| 167 | 167 | | REVISOR VH/ES 25-0282202/26/25 6.1network not under the provider's control, including transmission, downloading, intermediate |
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| 168 | 168 | | 6.2storage, or access software, to the extent the provider is not responsible for the creation of |
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| 169 | 169 | | 6.3the content of the communication which constitutes material harmful to minors. |
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| 170 | 170 | | 6.4 Subd. 4.Remedies; attorney general enforcement.(a) A violation of subdivision 2 is |
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| 171 | 171 | | 6.5deemed an unfair and deceptive trade practice actionable under this chapter, and an action |
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| 172 | 172 | | 6.6by the attorney general may be brought on behalf of a resident minor against a commercial |
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| 173 | 173 | | 6.7entity. If the attorney general has reason to believe that a commercial entity is in violation |
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| 174 | 174 | | 6.8of this section, the attorney general may bring an action against the commercial entity for |
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| 175 | 175 | | 6.9an unfair or deceptive act or practice. In addition to any other remedy available, the attorney |
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| 176 | 176 | | 6.10general may collect a civil penalty of up to $50,000 per violation and reasonable attorney |
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| 177 | 177 | | 6.11fees and court costs. When the commercial entity's failure to comply with this section is a |
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| 178 | 178 | | 6.12consistent pattern of conduct of the commercial entity, punitive damages may be assessed |
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| 179 | 179 | | 6.13against the commercial entity consistent with section 549.20. |
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| 180 | 180 | | 6.14 (b) A violation of subdivision 7 by a third party that performs age verification for a |
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| 181 | 181 | | 6.15commercial entity is deemed an unfair and deceptive trade practice actionable under this |
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| 182 | 182 | | 6.16chapter, and the attorney general, as the enforcing authority, may bring an action against |
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| 183 | 183 | | 6.17the third party for an unfair or deceptive act or practice. In addition to other remedies |
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| 184 | 184 | | 6.18available, the attorney general may collect a civil penalty of up to $50,000 per violation and |
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| 185 | 185 | | 6.19reasonable attorney fees and court costs. |
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| 186 | 186 | | 6.20 Subd. 5.Remedies for minors.A commercial entity that violates subdivision 2 for |
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| 187 | 187 | | 6.21failing to prohibit access or prohibit a minor from future access to material harmful to minors |
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| 188 | 188 | | 6.22after a report of unauthorized or unlawful access is liable to the minor for the access, |
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| 189 | 189 | | 6.23including court costs and reasonable attorney fees as ordered by the court. Claimants may |
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| 190 | 190 | | 6.24be awarded up to $10,000 in damages. A civil action for a claim under this paragraph must |
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| 191 | 191 | | 6.25be brought within one year from the date the complainant knew, or reasonably should have |
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| 192 | 192 | | 6.26known, of the alleged violation. An action under this subdivision may only be brought on |
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| 193 | 193 | | 6.27behalf of or by a resident minor. For purposes of bringing an action under this subdivision, |
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| 194 | 194 | | 6.28a commercial entity that publishes or disseminates material harmful to minors on a website |
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| 195 | 195 | | 6.29or application, if the website or application contains a substantial portion of material harmful |
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| 196 | 196 | | 6.30to minors and the website or application is available to be accessed in this state, is considered |
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| 197 | 197 | | 6.31to be both engaged in substantial and not isolated activities within this state and operating, |
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| 198 | 198 | | 6.32conducting, engaging in, or carrying on a business and doing business in this state, and is |
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| 199 | 199 | | 6.33subject to the jurisdiction of the courts of this state. |
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| 200 | 200 | | 6.34 Subd. 6.Other available remedies.This section does not preclude any other available |
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| 201 | 201 | | 6.35remedy at law or equity. |
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| 202 | 202 | | 6Sec. 2. |
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| 203 | 203 | | REVISOR VH/ES 25-0282202/26/25 7.1 Subd. 7.Anonymous age verification.A third party conducting anonymous age |
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| 204 | 204 | | 7.2verification pursuant to this section: |
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| 205 | 205 | | 7.3 (1) may not retain personal identifying information used to verify age once the age of |
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| 206 | 206 | | 7.4an account holder or a person seeking an account has been verified; |
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| 207 | 207 | | 7.5 (2) may not use personal identifying information used to verify age for any other purpose; |
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| 208 | 208 | | 7.6 (3) must keep anonymous any personal identifying information used to verify age, and |
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| 209 | 209 | | 7.7the information may not be shared or otherwise communicated to any person; and |
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| 210 | 210 | | 7.8 (4) must protect personal identifying information used to verify age from unauthorized |
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| 211 | 211 | | 7.9or illegal access, destruction, use, modification, or disclosure through reasonable security |
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| 212 | 212 | | 7.10procedures and practices appropriate to the nature of the personal information. |
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| 213 | 213 | | 7.11 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to causes |
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| 214 | 214 | | 7.12of action accruing on or after that date. |
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| 215 | 215 | | 7Sec. 2. |
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| 216 | 216 | | REVISOR VH/ES 25-0282202/26/25 |
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