SB 385

This bill creates requirements related to social media companies' and social

media platforms' treatment of account holders on the basis of age.

Under the bill, social media companies must ensure that all accounts created

on or after January 1, 2019, are designated as a youth accounts that comply with the

youth account requirements of the bill. A social media company may remove the

youth account designation from an account if 1) the social media company estimates

that the account holder is not a minor through employment of a process or program

that provides a 95 percent accuracy rate of estimating age within 24 months of actual

age; 2) the social media company verifies that the account holder is not a minor; or

3) a parent or guardian of a minor account holder requests for the youth account

designation to be removed from the minor's account.

Under the bill, a social media company shall do all of the following in regards

to a youth account: 1) prevent direct messaging between the account holder and

other account holders or users with whom the youth account holder is not connected;

2) refrain from showing information about the youth account to any person not

connected to the youth account holder; 3) prevent advertising from being shown to

the youth account holder; 4) refrain from collecting or using personal information

from the youth account; 5) refrain from the use of targeted or suggested groups or

content on the youth account; and 6) ensure that the youth account cannot be used

between the hours of 10 p.m. and 7 a.m.

The bill also provides to parents of minor account holders certain access,

including full access to the account and all its posts and messages, the ability to

change the time limits on the account, and to opt out the minor's account from the

youth account designation.

A violation of the requirements of the bill may result in the social media

platform being required to forfeit $100 per violation per day, an award of damages

to an injured account holder, and an injunction preventing further violations.