SB 936

This bill imposes on social media platforms with at least $1 billion in annual revenue various requirements relating to residents of this state who are less than 18 years of age and not emancipated (minors). These social media platforms must use reasonable means and efforts to estimate the age of an account holder to determine if the account holder is a minor. The bill includes presumptions based on the social media platform’s level of confidence that the account holder is at least 18 years old. These age-estimation requirements do not apply if the account has been held continuously for at least seven years. The social media platform must derive age estimates based on information collected and retained by it in the ordinary course of operation, subject to the limitations described below, and the social media platform is not required to request, collect, or retain information from or about an account holder. However, a social media platform must require that an applicant for an account provide the applicant’s date of birth. If the applicant is a minor, the social media platform may not create or maintain an account for the minor, or change the terms and conditions of the account, unless the social media platform first obtains verifiable parental consent, which is defined in a manner similar to the federal Children’s Online Privacy Protection Act.

The bill imposes various requirements and restrictions on an account for a minor, including the following:

1. A social media platform must set the default privacy settings for a minor’s account at the most private levels and may not change these settings unless it obtains verifiable parental consent to do so. To obtain verifiable parental consent, the social media platform must provide an option for the parent to receive a separate password allowing the parent to monitor and set controls on the minor’s account.

2. A social media platform may not present specified addictive features in the display or feed of a minor, including infinite scrolling; a profile-based feed; push notifications; autoplay video; displaying the number of “likes,” shares, or repostings of the minor’s posted content; or any award or recognition related to the minor’s number of followers or postings or other metrics of usage or performance.

3. A social media platform must prevent profile-based, paid commercial advertising in the display or feed of a minor.

4. A social media platform must terminate an account if it concludes, or obtains information from which it reasonably should conclude, that the account holder is a minor, unless the social media platform obtains verifiable parental consent for the account. A social media platform must terminate an account of a minor within seven days of receiving a request for termination from the minor or within 14 days of receiving a request for termination from the minor’s parent. The social media platform must also provide clear, simple, and easy-to-locate means for a minor’s parent to request termination of a minor’s account.

The bill requires the Department of Agriculture, Trade and Consumer Protection to investigate alleged violations of the bill’s provisions. DATCP, or the Department of Justice or a district attorney in consultation with DATCP, may bring an action to enforce the provisions of the bill and may seek a civil forfeiture of $100 per violation, injunctive relief, an order to pay damages to an injured minor or the minor’s parent, disgorgement of money received by the social media platform, attorney fees, and other costs of investigation and prosecution. In addition, a minor, or the minor’s parent, aggrieved by a negligent, reckless, or knowing violation may bring a civil action against the social media platform. If the violation was reckless or knowing, the minor or parent may recover damages of $10,000 or actual damages, whichever is greater, for each violation. If the violation was part of a pattern of reckless or knowing conduct, the court may award punitive damages. A prevailing minor or parent may also recover court costs and reasonable attorney fees. However, a social media platform is not liable to a minor or parent for a violation if it used reasonable means and efforts to comply with the requirements of the bill. In addition, if a social media platform permits a minor to open or continue an account without verifiable parental consent, any contract pertaining to the account is void and unenforceable.