| 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 | | 25-02822 as introduced02/26/25 REVISOR VH/ES |
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| 25 | 25 | | SENATE |
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| 26 | 26 | | STATE OF MINNESOTA |
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| 27 | 27 | | S.F. No. 2614NINETY-FOURTH SESSION |
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| 28 | 28 | | (SENATE AUTHORS: COLEMAN and Cwodzinski) |
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| 29 | 29 | | OFFICIAL STATUSD-PGDATE |
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| 30 | 30 | | Introduction and first reading03/17/2025 |
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| 31 | 31 | | Referred to Commerce and Consumer Protection 2.1 (2) ten percent or more of the daily active users who are younger than 16 years of age |
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| 32 | 32 | | 2.2spend on average two hours per day or longer on the online forum, website, or application |
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| 33 | 33 | | 2.3on the days when using the online forum, website, or application during the previous 12 |
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| 34 | 34 | | 2.4months or, if the online forum, website, or application did not exist during the previous 12 |
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| 35 | 35 | | 2.5months, during the previous month; |
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| 36 | 36 | | 2.6 (3) employs algorithms that analyze user data or information on users to select content |
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| 37 | 37 | | 2.7for users; and |
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| 38 | 38 | | 2.8 (4) has any of the following addictive features: |
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| 39 | 39 | | 2.9 (i) infinite scrolling, which means either continuously loading content or content that |
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| 40 | 40 | | 2.10loads as the user scrolls down the page without the need to open a separate page, or seamless |
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| 41 | 41 | | 2.11content or the use of pages with no visible or apparent end or page breaks; |
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| 42 | 42 | | 2.12 (ii) push notifications or alerts sent by the online forum, website, or application to inform |
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| 43 | 43 | | 2.13a user about specific activities or events related to the user's account; |
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| 44 | 44 | | 2.14 (iii) personal interactive metrics that indicate the number of times other users have |
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| 45 | 45 | | 2.15clicked a button to indicate their reaction to content or have shared or reposted the content; |
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| 46 | 46 | | 2.16 (iv) autoplay video or video that begins to play without the user first clicking on the |
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| 47 | 47 | | 2.17video or on a play button for that video; or |
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| 48 | 48 | | 2.18 (v) live-streaming or a function that allows a user or advertiser to broadcast live video |
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| 49 | 49 | | 2.19content in real-time. |
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| 50 | 50 | | 2.20The term social media platform does not include an online service, website, or application |
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| 51 | 51 | | 2.21where the exclusive function is email or direct messaging consisting of text, photographs, |
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| 52 | 52 | | 2.22pictures, images, or videos shared only between the sender and the recipients without |
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| 53 | 53 | | 2.23displaying or posting publicly or sharing with users not specifically identified as the recipients |
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| 54 | 54 | | 2.24by the sender. |
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| 55 | 55 | | 2.25 Subd. 2.Requirements; minors younger than 14 years of age and social media.(a) |
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| 56 | 56 | | 2.26A social media platform must prohibit a minor who is younger than 14 years of age from |
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| 57 | 57 | | 2.27entering into a contract with a social media platform to become an account holder. A social |
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| 58 | 58 | | 2.28media company must terminate any account held by an account holder younger than 14 |
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| 59 | 59 | | 2.29years of age, including accounts that the social media platform treats or categorizes as |
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| 60 | 60 | | 2.30belonging to an account holder who is likely younger than 14 years of age for purposes of |
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| 61 | 61 | | 2.31targeting content or advertising, and provide 90 days for an account holder to dispute the |
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| 62 | 62 | | 2.32termination. Termination must be effective upon the expiration of the 90 days if the account |
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| 63 | 63 | | 2.33holder fails to effectively dispute the termination. |
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| 64 | 64 | | 2Section 1. |
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| 65 | 65 | | 25-02822 as introduced02/26/25 REVISOR VH/ES 3.1 (b) A social media platform must allow an account holder younger than 14 years of age |
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| 66 | 66 | | 3.2to request to terminate the account, and termination must be effective within five business |
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| 67 | 67 | | 3.3days after the request. A social media company must also allow the confirmed parent or |
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| 68 | 68 | | 3.4guardian of an account holder younger than 14 years of age to request that the minor's |
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| 69 | 69 | | 3.5account be terminated, and termination must be effective within ten business days after the |
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| 70 | 70 | | 3.6request. |
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| 71 | 71 | | 3.7 (c) The social media platform must permanently delete all personal information held by |
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| 72 | 72 | | 3.8the social media platform relating to the terminated account, unless there are legal |
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| 73 | 73 | | 3.9requirements to maintain the information. |
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| 74 | 74 | | 3.10 Subd. 3.Requirements; minors 14 and 15 years of age.(a) A social media platform |
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| 75 | 75 | | 3.11must prohibit a minor who is 14 or 15 years of age from entering into a contract with a |
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| 76 | 76 | | 3.12social media platform to become an account holder, unless the minor's parent or guardian |
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| 77 | 77 | | 3.13provides consent for the minor to become an account holder. A social media platform must |
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| 78 | 78 | | 3.14terminate any account held by an account holder who is 14 or 15 years of age, including |
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| 79 | 79 | | 3.15accounts that the social media platform treats or categorizes as belonging to an account |
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| 80 | 80 | | 3.16holder who is likely 14 or 15 years of age for purposes of targeting content or advertising, |
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| 81 | 81 | | 3.17if the account holder's parent or guardian has not provided consent for the minor to create |
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| 82 | 82 | | 3.18or maintain the account. The social media platform must provide 90 days for an account |
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| 83 | 83 | | 3.19holder to dispute the termination. Termination must be effective upon the expiration of the |
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| 84 | 84 | | 3.2090 days if the account holder fails to effectively dispute the termination. |
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| 85 | 85 | | 3.21 (b) A social media platform must allow an account holder who is 14 or 15 years of age |
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| 86 | 86 | | 3.22to request to terminate the account, and termination must be effective within five business |
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| 87 | 87 | | 3.23days after the request. A social media platform must allow the confirmed parent or guardian |
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| 88 | 88 | | 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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| 89 | 89 | | 3.25terminated, and termination must be effective within ten business days after the request. |
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| 90 | 90 | | 3.26 (c) A social media platform must permanently delete all personal information held by |
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| 91 | 91 | | 3.27the social media platform relating to the terminated account, unless there are legal |
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| 92 | 92 | | 3.28requirements to maintain the information. |
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| 93 | 93 | | 3.29 Subd. 4.Enforcement; penalties.(a) Any knowing or reckless violation of this section |
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| 94 | 94 | | 3.30is deemed an unfair and deceptive trade practice actionable under this chapter by the attorney |
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| 95 | 95 | | 3.31general, and the attorney general may bring an action against a social media platform for |
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| 96 | 96 | | 3.32an unfair or deceptive act or practice. In addition to other remedies available under section |
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| 97 | 97 | | 3.338.31, the attorney general may collect a civil penalty of up to $50,000 per violation and |
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| 98 | 98 | | 3.34reasonable attorney fees and court costs. When the social media platform's failure to comply |
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| 99 | 99 | | 3Section 1. |
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| 100 | 100 | | 25-02822 as introduced02/26/25 REVISOR VH/ES 4.1with this section is a consistent pattern of knowing or reckless conduct, punitive damages |
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| 101 | 101 | | 4.2may be assessed against the social media platform consistent with section 549.20. |
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| 102 | 102 | | 4.3 (b) If, by its own inquiry or as a result of complaints, the attorney general has reason to |
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| 103 | 103 | | 4.4believe that an entity or person has engaged in, or is engaging in, an act or practice that |
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| 104 | 104 | | 4.5violates this section, the attorney general may investigate using all available remedies under |
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| 105 | 105 | | 4.6the law. |
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| 106 | 106 | | 4.7 Subd. 5.Enforcement; damages to minor account holder.A social media platform |
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| 107 | 107 | | 4.8that knowingly or recklessly violates this section is liable to the minor account holder, |
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| 108 | 108 | | 4.9including court costs and reasonable attorney fees as ordered by the court. Claimants may |
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| 109 | 109 | | 4.10be awarded up to $10,000 in damages. A civil action for a claim under this subdivision must |
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| 110 | 110 | | 4.11be brought within one year from the date the complainant knew, or reasonably should have |
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| 111 | 111 | | 4.12known, of the alleged violation. An action brought under this subdivision may only be |
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| 112 | 112 | | 4.13brought on behalf of a minor account holder. |
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| 113 | 113 | | 4.14 Subd. 6.Jurisdiction; social media platform contracts.(a) For purposes of bringing |
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| 114 | 114 | | 4.15an action under this section, a social media platform that allows a minor account holder |
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| 115 | 115 | | 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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| 116 | 116 | | 4.17create an account on the platform is considered to be both engaged in substantial activities |
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| 117 | 117 | | 4.18within this state and operating, conducting, engaging in, or carrying on a business and doing |
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| 118 | 118 | | 4.19business in this state, and is subject to the jurisdiction of the courts of this state. |
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| 119 | 119 | | 4.20 (b) For the purposes of this section, when a social media platform allows an account |
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| 120 | 120 | | 4.21holder to use the social media platform, the account holder, regardless of age, and the social |
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| 121 | 121 | | 4.22media platform have entered into a contract. |
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| 122 | 122 | | 4.23 Subd. 7.Other available remedies.This section does not preclude any other available |
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| 123 | 123 | | 4.24remedy at law or equity. |
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| 124 | 124 | | 4.25 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to causes |
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| 125 | 125 | | 4.26of action accruing on or after that date. |
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| 126 | 126 | | 4.27 Sec. 2. [325F.6948] SOCIAL MEDIA; AGE VERIFICATION. |
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| 127 | 127 | | 4.28 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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| 128 | 128 | | 4.29the meanings given. |
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| 129 | 129 | | 4.30 (b) "Anonymous age verification" means a commercially reasonable method used by a |
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| 130 | 130 | | 4.31government agency or a business for the purpose of age verification which is conducted by |
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| 131 | 131 | | 4.32a nongovernmental, independent third-party organization that is located in the United States |
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| 132 | 132 | | 4Sec. 2. |
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| 133 | 133 | | 25-02822 as introduced02/26/25 REVISOR VH/ES 5.1and not controlled by a foreign country, the government of a foreign country, or any other |
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| 134 | 134 | | 5.2entity formed in a foreign country. |
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| 135 | 135 | | 5.3 (c) "Commercial entity" includes a corporation, a limited liability company, a partnership, |
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| 136 | 136 | | 5.4a limited partnership, a sole proprietorship, and any other legally recognized entity. |
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| 137 | 137 | | 5.5 (d) "Disseminates" has the meaning given in section 604.30 for dissemination. |
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| 138 | 138 | | 5.6 (e) "Material harmful to minors" means any material that the average person applying |
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| 139 | 139 | | 5.7contemporary community standards would find, taken as a whole, appeals to the prurient |
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| 140 | 140 | | 5.8interest and depicts or describes, in a patently offensive way, sexual conduct that when |
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| 141 | 141 | | 5.9taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. |
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| 142 | 142 | | 5.10 (f) "News-gathering organization" means any newspaper, news publication, or news |
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| 143 | 143 | | 5.11source printed or published online or on a mobile platform that reports current news and |
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| 144 | 144 | | 5.12matters of public interest. News-gathering organization includes but is not limited to a radio |
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| 145 | 145 | | 5.13broadcast station, television broadcast station, and cable television operator. |
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| 146 | 146 | | 5.14 (g) "Publish" means to communicate or make information available to another person |
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| 147 | 147 | | 5.15or entity on a publicly available website or application. |
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| 148 | 148 | | 5.16 (h) "Resident" means a person who lives in this state for more than six months of the |
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| 149 | 149 | | 5.17year. |
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| 150 | 150 | | 5.18 (i) "Substantial portion" means more than 33.3 percent of total material on a website or |
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| 151 | 151 | | 5.19application. |
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| 152 | 152 | | 5.20 Subd. 2.Publishing material harmful to minors; age verification requirements.(a) |
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| 153 | 153 | | 5.21A commercial entity that knowingly and intentionally publishes or disseminates material |
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| 154 | 154 | | 5.22harmful to minors on a website or application, if the website or application contains a |
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| 155 | 155 | | 5.23substantial portion of material harmful to minors, must use anonymous age verification to |
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| 156 | 156 | | 5.24verify that the age of a person attempting to access the material is 18 years of age or older |
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| 157 | 157 | | 5.25and prevent access to the material by a person younger than 18 years of age. |
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| 158 | 158 | | 5.26 (b) A commercial entity must ensure that the requirements of subdivision 7 are met. |
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| 159 | 159 | | 5.27 Subd. 3.Exceptions for news and Internet service providers.(a) This section does |
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| 160 | 160 | | 5.28not apply to any bona fide news or public interest broadcast, website video, or report and |
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| 161 | 161 | | 5.29does not affect the rights of a news-gathering organization. |
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| 162 | 162 | | 5.30 (b) An Internet service provider or its affiliates or subsidiaries, a search engine, or a |
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| 163 | 163 | | 5.31cloud service provider does not violate this section solely for providing access or connection |
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| 164 | 164 | | 5.32to or from a website or other information or content on the Internet or a facility, system, or |
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| 165 | 165 | | 5Sec. 2. |
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| 166 | 166 | | 25-02822 as introduced02/26/25 REVISOR VH/ES 6.1network not under the provider's control, including transmission, downloading, intermediate |
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| 167 | 167 | | 6.2storage, or access software, to the extent the provider is not responsible for the creation of |
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| 168 | 168 | | 6.3the content of the communication which constitutes material harmful to minors. |
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| 169 | 169 | | 6.4 Subd. 4.Remedies; attorney general enforcement.(a) A violation of subdivision 2 is |
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| 170 | 170 | | 6.5deemed an unfair and deceptive trade practice actionable under this chapter, and an action |
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| 171 | 171 | | 6.6by the attorney general may be brought on behalf of a resident minor against a commercial |
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| 172 | 172 | | 6.7entity. If the attorney general has reason to believe that a commercial entity is in violation |
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| 173 | 173 | | 6.8of this section, the attorney general may bring an action against the commercial entity for |
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| 174 | 174 | | 6.9an unfair or deceptive act or practice. In addition to any other remedy available, the attorney |
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| 175 | 175 | | 6.10general may collect a civil penalty of up to $50,000 per violation and reasonable attorney |
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| 176 | 176 | | 6.11fees and court costs. When the commercial entity's failure to comply with this section is a |
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| 177 | 177 | | 6.12consistent pattern of conduct of the commercial entity, punitive damages may be assessed |
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| 178 | 178 | | 6.13against the commercial entity consistent with section 549.20. |
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| 179 | 179 | | 6.14 (b) A violation of subdivision 7 by a third party that performs age verification for a |
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| 180 | 180 | | 6.15commercial entity is deemed an unfair and deceptive trade practice actionable under this |
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| 181 | 181 | | 6.16chapter, and the attorney general, as the enforcing authority, may bring an action against |
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| 182 | 182 | | 6.17the third party for an unfair or deceptive act or practice. In addition to other remedies |
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| 183 | 183 | | 6.18available, the attorney general may collect a civil penalty of up to $50,000 per violation and |
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| 184 | 184 | | 6.19reasonable attorney fees and court costs. |
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| 185 | 185 | | 6.20 Subd. 5.Remedies for minors.A commercial entity that violates subdivision 2 for |
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| 186 | 186 | | 6.21failing to prohibit access or prohibit a minor from future access to material harmful to minors |
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| 187 | 187 | | 6.22after a report of unauthorized or unlawful access is liable to the minor for the access, |
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| 188 | 188 | | 6.23including court costs and reasonable attorney fees as ordered by the court. Claimants may |
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| 189 | 189 | | 6.24be awarded up to $10,000 in damages. A civil action for a claim under this paragraph must |
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| 190 | 190 | | 6.25be brought within one year from the date the complainant knew, or reasonably should have |
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| 191 | 191 | | 6.26known, of the alleged violation. An action under this subdivision may only be brought on |
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| 192 | 192 | | 6.27behalf of or by a resident minor. For purposes of bringing an action under this subdivision, |
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| 193 | 193 | | 6.28a commercial entity that publishes or disseminates material harmful to minors on a website |
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| 194 | 194 | | 6.29or application, if the website or application contains a substantial portion of material harmful |
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| 195 | 195 | | 6.30to minors and the website or application is available to be accessed in this state, is considered |
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| 196 | 196 | | 6.31to be both engaged in substantial and not isolated activities within this state and operating, |
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| 197 | 197 | | 6.32conducting, engaging in, or carrying on a business and doing business in this state, and is |
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| 198 | 198 | | 6.33subject to the jurisdiction of the courts of this state. |
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| 199 | 199 | | 6.34 Subd. 6.Other available remedies.This section does not preclude any other available |
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| 200 | 200 | | 6.35remedy at law or equity. |
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| 201 | 201 | | 6Sec. 2. |
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| 202 | 202 | | 25-02822 as introduced02/26/25 REVISOR VH/ES 7.1 Subd. 7.Anonymous age verification.A third party conducting anonymous age |
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| 203 | 203 | | 7.2verification pursuant to this section: |
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| 204 | 204 | | 7.3 (1) may not retain personal identifying information used to verify age once the age of |
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| 205 | 205 | | 7.4an account holder or a person seeking an account has been verified; |
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| 206 | 206 | | 7.5 (2) may not use personal identifying information used to verify age for any other purpose; |
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| 207 | 207 | | 7.6 (3) must keep anonymous any personal identifying information used to verify age, and |
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| 208 | 208 | | 7.7the information may not be shared or otherwise communicated to any person; and |
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| 209 | 209 | | 7.8 (4) must protect personal identifying information used to verify age from unauthorized |
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| 210 | 210 | | 7.9or illegal access, destruction, use, modification, or disclosure through reasonable security |
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| 211 | 211 | | 7.10procedures and practices appropriate to the nature of the personal information. |
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| 212 | 212 | | 7.11 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to causes |
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| 213 | 213 | | 7.12of action accruing on or after that date. |
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| 214 | 214 | | 7Sec. 2. |
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| 215 | 215 | | 25-02822 as introduced02/26/25 REVISOR VH/ES |
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