House Bill 25-1287 Preamended

A Bill for an Act

• Page 1, Line 101Concerning tools to protect minor users of social media.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill establishes certain requirements for social media companies and social media platforms in order to protect Colorado minor users. Specifically, the bill:

• Relocates, with amendments, certain language requiring a social media platform to include a function that provides minor users information about their engagement in social media, which language was enacted in 2024 by House Bill 24-1136;
• Requires a social media company to implement an age assurance system to determine whether a current or prospective Colorado user on the social media company's social media platform is a minor;
• Requires a social media company to provide tools and settings for a minor user to control their own experience using a social media platform;
• Requires a social media company to provide tools and settings for parents to support a minor user of a social media platform;
• Specifies minimum capabilities for the tools and settings;
• Requires a social media company to take additional specific measures to maximize the privacy and security of minor users;
• Prohibits a social media platform from leading or encouraging a minor or parent to provide personal information, provide consent, disable safeguards or parental tools, or forgo privacy or security protections using a mechanism or interface that is designed to substantially subvert or impair, or that is manipulated with the effect of substantially subverting or impairing, user autonomy, decision-making, or choice;
• Deems the use of a design, algorithm, or feature to increase, sustain, or extend a minor user's engagement with, or use of, a social media platform to be processing that presents a heightened risk of harm to minors, as defined in existing law, and therefore subject to certain data analysis requirements; and
• Authorizes the attorney general to adopt rules to implement the bill.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration. (1)  The general assembly finds and declares that:

• Page 2, Line 3(a)  Colorado has a compelling interest in safeguarding the well-being and privacy of minors in the state;

• Page 2, Line 4(b)  More than 90% of United States teenagers have smartphones

• Page 2, Line 5and use social media, with nearly half stating they are online almost

• Page 2, Line 6constantly. Almost 40% of children ages 8 to 12 use social media, and the number is growing.

• Page 3, Line 1(c)  Social media platforms use addictive design features that cause

• Page 3, Line 2young users to spend more time on social media than they otherwise

• Page 3, Line 3would, impacting sleep patterns, academic performance, and overall

• Page 3, Line 4health. Prolonged and unregulated social media use has been linked to

• Page 3, Line 5adverse effects on the mental health of minors, including significantly higher rates of depression, anxiety, suicidal ideation, and self-harm.

• Page 3, Line 6(d)  As the United States surgeon general has reported, recent

• Page 3, Line 7evidence has identified reasons for concern about social media usage by

• Page 3, Line 8children and adolescents. This evidence includes a study concluding that

• Page 3, Line 9the risk of poor mental health outcomes doubles for children and

• Page 3, Line 10adolescents who use social media at least 3 hours a day and research

• Page 3, Line 11finding that social media usage is linked to a variety of negative health

• Page 3, Line 12outcomes, including low self-esteem and disordered eating, for adolescent girls.

• Page 3, Line 13(e)  Colorado and the entire nation are facing an ongoing youth

• Page 3, Line 14mental health crisis, with rates of adolescent suicides, depressive

• Page 3, Line 15episodes, and feelings of sadness and hopelessness on the rise in recent years;

• Page 3, Line 16(f)  The proliferation of social media services also has led to the

• Page 3, Line 17widespread collection and utilization of personal information, exposing minors to potential privacy and identity-related harms;

• Page 3, Line 18(g)  Creating a safer social media environment for minors requires

• Page 3, Line 19that Colorado take action to protect minors from negative mental health impacts and safeguard their privacy and personal information;

• Page 3, Line 20(h)  Colorado has a long history of enacting safeguards around

• Page 3, Line 21products and activities that pose risks to minors, including regulations on

• Page 4, Line 1motor vehicles, medications, addictive substances, and products and services targeted to children;

• Page 4, Line 2(i)  Social media platforms are designed without sufficient tools to

• Page 4, Line 3allow minors to manage their use of the platforms or to allow for adequate parental support;

• Page 4, Line 4(j)  Age-appropriate tools are needed to allow minors and their

• Page 4, Line 5parents to set appropriate boundaries, particularly for features and settings

• Page 4, Line 6that cause excessive use. In addition, it is critical that the security and privacy of minors using social media are adequately protected.

• Page 4, Line 7(k)  To ensure minors and their parents have access to tools and safeguards for a safer social media environment, age assurance is needed.

• Page 4, Line 8(2)  Therefore, the general assembly declares that it is essential that

• Page 4, Line 9Colorado act to require that social media companies provide common-sense protections for minor users in this state.

• Page 4, Line 10SECTION 2.  In Colorado Revised Statutes, amend with

• Page 4, Line 11amended and relocated provisions part 16 of article 1 of title 6 as follows:

• Page 4, Line 126-1-1601.  Definitions.As used in this part 16, unless the context otherwise requires:

• Page 4, Line 13(1)  "Age assurance system" means measures reasonably

• Page 4, Line 14calculated to enable a social media company to identify with an

• Page 4, Line 15accuracy rate of at least ninety-five percent whether a current or prospective Colorado user is:

• Page 4, Line 16(a)  A minor; or

• Page 4, Line 17(b)  A child for purposes of the "Children's Online Privacy Protection Act of 1998", 18 U.S.C. sec. 6501, et seq.

• Page 4, Line 18(2)  "Child" means an individual who is under thirteen years of age.

• Page 5, Line 1(3)  "Colorado minor user" or "minor user" means a

• Page 5, Line 2Colorado resident who is under eighteen years of age and who

• Page 5, Line 3has, registers, establishes, or opens an account or profile to use a social media platform.

• Page 5, Line 4(4)  "Colorado user" means a Colorado resident who has,

• Page 5, Line 5registers, establishes, or opens an account or profile to use a social media platform.

• Page 5, Line 6(5)  "Connected account" means an account or user on a

• Page 5, Line 7social media platform, which account or user is connected to another account or user by:

• Page 5, Line 8(a)  Sending a request to connect to another account or

• Page 5, Line 9user and having the request to connect accepted by the other account holder or user; or

• Page 5, Line 10(b)  Receiving a request to connect from another account or user and accepting the request to connect.

• Page 5, Line 11(6)  "Covered feature" means:

• Page 5, Line 12(a)  An auto-play feature, including automatic playing of media content;

• Page 5, Line 13(b)  Scrolling or pagination that loads additional content as long as the user continues scrolling;

• Page 5, Line 14(c)  Ephemeral content feeds;

• (d)  Notification and alert features;

• Page 5, Line 15(e)  Rewards features, including rewards for time spent on a social media platform;

• Page 5, Line 16(f)  A personalized recommendation system;

• Page 5, Line 17(g)  Engagement features such as comments, likes, tags,

• Page 6, Line 1and other forms of feedback, including quantification of such features, regarding any item generated by a user; and

• Page 6, Line 2(h)  Geolocation features that share or provide

• Page 6, Line 3information about the geolocation of a minor user to other users on a social media platform.

• Page 6, Line 4(7)  "Device" has the meaning set forth in section 24-37.5-902 (3).

• Page 6, Line 5(8)  "Identified or identifiable individual" has the meaning set forth in section 6-1-1303 (16).

• Page 6, Line 6(9)  "Minor" means an individual who is under eighteen years of age.

• Page 6, Line 7(10)  "Parent" means a parent or legal guardian of a minor.

• Page 6, Line 8(11)  "Personal data" has the meaning set forth in section 6-1-1303 (17).

• Page 6, Line 9(12)  "Personalized recommendation system" means a fully

• Page 6, Line 10or partially automated system used to suggest, promote, or

• Page 6, Line 11rank content, including other users or posts, based on the personal data of users.

• Page 6, Line 12(13)  "Social media company" means a person that owns or operates one or more social media platforms.

• Page 6, Line 13(14) (a)  "Social media platform" means an internet-based

• Page 6, Line 14service or application that has users in Colorado and meets both of the following criteria:

• Page 6, Line 15(I)  A substantial function of the service or application is

• Page 6, Line 16to allow users to interact socially with each other within the service or application; and

• Page 6, Line 17(II)  The service or application allows a user to:

• Page 7, Line 1(A)  Become a registered user, establish an account,

• Page 7, Line 2construct a public or semipublic profile for purposes of signing

• Page 7, Line 3into and using the service or application, or populate a list of

• Page 7, Line 4other users or accounts with whom an individual shares a social connection within the service or application; and

• Page 7, Line 5(B)  Create or post content that is viewable by other users.

• Page 7, Line 6(b)  "Social media platform" does not include an

• Page 7, Line 7internet-based service or application if the predominant or exclusive function of the service or application is:

• Page 7, Line 8(I)  Providing internet access or broadband service;

• (II)  Providing electronic mail;

• Page 7, Line 9(III)  Providing direct messaging whereby messages are

• Page 7, Line 10sent between devices by electronic means, are shared between

• Page 7, Line 11a sender and a recipient, are visible only to the sender and the

• Page 7, Line 12recipient, are not posted publicly, and are not embedded into a social media platform;

• Page 7, Line 13(IV)  Facilitating communication within a business or an

• Page 7, Line 14enterprise among employees or affiliates of the business or

• Page 7, Line 15enterprise, so long as access to the service or application is

• Page 7, Line 16restricted to employees or affiliates of the business or enterprise;

• Page 7, Line 17(V)  Selling enterprise software to businesses, governments, or nonprofit organizations;

• Page 7, Line 18(VI)  Providing cloud-based electronic storage, including

• Page 7, Line 19cloud-based storage that allows collaborative editing by

• Page 7, Line 20invited users;

• Page 8, Line 1(VII)  Facilitating teleconferencing and video

• Page 8, Line 2conferencing features that are limited to certain participants

• Page 8, Line 3in the teleconference or video conference and are not posted publicly or for broad distribution to other users;

• Page 8, Line 4(VIII)  Facilitating crowd-sourced content for reference

• Page 8, Line 5guides, such as encyclopedias, educational materials, and dictionaries;

• Page 8, Line 6(IX)  Facilitating online shopping or e-commerce if the

• Page 8, Line 7related interactions between users or account holders are limited to:

• Page 8, Line 8(A)  The ability to post and view comments as part of ratings and reviews of products;

• Page 8, Line 9(B)  The ability to display lists or collections of goods for sale or wish lists; and

• Page 8, Line 10(C)  Other functions that are focused on online shopping

• Page 8, Line 11or e-commerce rather than other interactions between users or account holders;

• Page 8, Line 12(X)  Providing a streaming service that:

• Page 8, Line 13(A)  Streams only licensed and not user-generated media

• Page 8, Line 14content in a continuous flow from the service, website, or application to the end user; and

• Page 8, Line 15(B)  Does not require a user or account holder to agree to

• Page 8, Line 16the service's or application's terms of service in order to obtain a license to access the media content;

• Page 8, Line 17(XI)  Providing news, sports, entertainment, or other

• Page 8, Line 18content that is preselected by the provider and not

• Page 8, Line 19user-generated;

• Page 9, Line 1(XII)  Providing an online service, website, or application

• Page 9, Line 2that is used by or under the direction of an educational entity,

• Page 9, Line 3including a learning management system, a student engagement

• Page 9, Line 4program, or a subject- or skill-specific program, where the

• Page 9, Line 5content is predominantly created or posted by the provider of

• Page 9, Line 6the online service, website, or application, and the ability to

• Page 9, Line 7chat, comment, or interact with other users is directly related to the provider's content;

• Page 9, Line 8(XIII)  Providing or obtaining technical support for a software platform, product, or service;

• Page 9, Line 9(XIV)  Providing career development opportunities,

• Page 9, Line 10including professional networking, job skills, learning certifications, and job posting and application services;

• Page 9, Line 11(XV)  Facilitating academic or scholarly research;

• Page 9, Line 12(XVI)  Providing interactive gaming, virtual gaming, or an

• Page 9, Line 13online service that allows the creation and uploading of

• Page 9, Line 14content for the purpose of interactive gaming, educational

• Page 9, Line 15entertainment, or other entertainment, and the communication related to that content; or

• Page 9, Line 16(XVII)  Reporting or disseminating news information for a mass medium, as defined in section 13-90-119 (1)(a).

• Page 9, Line 17(c)  "Social media platform" does not include an internet-based service or application if:

• Page 9, Line 18(I)  The content that is posted or created is predominantly

• Page 9, Line 19posted or created by the provider of the internet-based service or application and not user-generated; and

• Page 9, Line 20(II)  The ability to chat, comment, or interact with other users is directly related to the provider's content.

• Page 10, Line 26-1-1602. [Formerly 6-1-1601] Social media platform - minor

• Page 10, Line 3users. (1)  On or after January 1, 2026, a social media platform must establish include a function that either:

• Page 10, Line 4(a)  Meets the criteria in subsection (2) of this section and be is

• Page 10, Line 5informed by the standards established in subsection (5) subsection (4) of this section; or

• Page 10, Line 6(b)  Displays a pop-up or full screen notification to a user who attests to being under the age of eighteen years of age when the user:

• Page 10, Line 7(I)  Has spent one cumulative hour on the social media platform during a twenty-four-hour period; or

• Page 10, Line 8(II)  Is on a social media platform between the hours of 10 p.m. and 6 a.m.

• Page 10, Line 9(2)  The function established pursuant to described in subsection

• Page 10, Line 10(1) of this section must provide users who are under the age of eighteen

• Page 10, Line 11years of age with information about their engagement in social media

• Page 10, Line 12that helps the user understand the impact of social media on the

• Page 10, Line 13developing brain and the mental and physical health of youth minor

• Page 10, Line 14users. The information must be supported by data from peer-reviewed

• Page 10, Line 15scholarly articles or the sources included in the mental health and technology resource bank established in section 22-2-127.8 (1).

• Page 10, Line 16(3)  If the social media platform establishes includes the function

• Page 10, Line 17described in subsection (1)(b) of this section, the function must repeat at least every thirty minutes after the initial notification.

• Page 10, Line 18(4) (a)  As used in this section, "social media platform" means an

• Page 10, Line 19internet-based service, website, or application that:

• (I)  Has more than one hundred thousand active users in Colorado;

• Page 11, Line 1(II)  Permits a person to become a registered user, establish an

• Page 11, Line 2account, or create a public or semipublic profile for the purpose of

• Page 11, Line 3allowing users to create, share, and view user-generated content through the account or profile;

• Page 11, Line 4(III)  Enables one or more users to create or post content that can be viewed by other users of the medium; and

• Page 11, Line 5(IV)  Includes a substantial function to allow users to interact

• Page 11, Line 6socially with each other within the service or application. A service or

• Page 11, Line 7application that provides electronic mail or direct messaging services

• Page 11, Line 8does not meet the criterion described in this subsection (4) on the basis of that function alone.

• Page 11, Line 9(b)  "Social media platform" does not include an internet-based service or application in which the predominant or exclusive function is:

• Page 11, Line 10(I)  Providing electronic mail;

• Page 11, Line 11(II)  Facilitating commercial transactions, if the interaction with other users or account holders is generally limited to:

• Page 11, Line 12(A)  The ability to upload a post and comment on reviews or the ability to display lists or collections of goods for sale or wish lists; and

• Page 11, Line 13(B)  The primary function of the platform is focused on online

• Page 11, Line 14shopping or e-commerce rather than interactions between users or account holders;

• Page 11, Line 15(III)  Facilitating teleconferencing and video conferencing features

• Page 11, Line 16that are limited to certain participants in the teleconference or video

• Page 11, Line 17conference and are not posted publicly or for broad distribution to other users;

• Page 11, Line 18(IV)  Facilitating crowd-sourced content for reference guides such as encyclopedias and dictionaries;

• Page 12, Line 1(V)  Providing cloud-based electronic services, including cloud-based services that allow collaborative editing by invited users;

• Page 12, Line 2(VI)  Consisting primarily of news, sports, entertainment, or other

• Page 12, Line 3content that is preselected by the provider and not user generated and any

• Page 12, Line 4chat, comment, or interactive functionality that is provided incidental to, directly related to, or dependent upon provision of the content;

• Page 12, Line 5(VII)  Interactive gaming, virtual gaming, or an online service that

• Page 12, Line 6allows the creation and uploading of content for the purpose of interactive or virtual gaming;

• Page 12, Line 7(VIII)  Providing information concerning businesses, products, or

• Page 12, Line 8travel information, including user reviews or rankings of businesses or products;

• Page 12, Line 9(IX)  Facilitating communication within a business or an enterprise

• Page 12, Line 10among employees or affiliates of the business or enterprise, so long as

• Page 12, Line 11access to the service or application is restricted to employees or affiliates of the business or enterprise;

• Page 12, Line 12(X)  Selling enterprise software to businesses, governments, or nonprofit organizations;

• Page 12, Line 13(XI)  Providing a streaming service that streams only licensed

• Page 12, Line 14media in a continuous flow from the service, website, or application to the

• Page 12, Line 15end user and does not require a user or account holder to obtain a license

• Page 12, Line 16for the media by agreement with a social media platform's terms of service;

• Page 12, Line 17(XII)  Providing an online service, website, or application that is

• Page 12, Line 18used by or under the direction of an educational entity, including a

• Page 12, Line 19learning management system, a student engagement program, or a

• Page 13, Line 1subject- or skill-specific program, for which the majority of the content

• Page 13, Line 2is created or posted by the provider of the online service, website, or

• Page 13, Line 3application and the ability to chat, comment, or interact with other users is directly related to the provider's content;

• Page 13, Line 4(XIII)  Providing or obtaining technical support for a platform, product, or service;

• Page 13, Line 5(XIV)  Providing career development opportunities, including

• Page 13, Line 6professional networking, job skills, learning certifications, and job posting and application services;

• Page 13, Line 7(XV)  Focused on facilitating academic or scholarly research; or

• Page 13, Line 8(XVI)  Reporting or disseminating news information for a mass medium, as defined in section 13-90-119.

• Page 13, Line 9(5)  (4)  The chief information officer in the office of information

• Page 13, Line 10technology, in consultation with the director of the center for health and

• Page 13, Line 11environmental data division of the Colorado department of public health

• Page 13, Line 12and environment and the temporary stakeholder group established in

• Page 13, Line 13section 22-2-127.8, shall establish standards for a user tool or function

• Page 13, Line 14that meets the requirements of subsection (1) of this section for a social media platform. The standards must:

• Page 13, Line 15(a)  Recommend intervals for notification frequency that are similar to those in subsection (3) of this section;

• Page 13, Line 16(b)  Provide sample messaging for the content of the notification;

• Page 13, Line 17(c)  Be informed by data and research on the efficacy of notifications; and

• Page 13, Line 18(d)  Recommend the age range of users who would most benefit from notifications.

• Page 13, Line 196-1-1603.  Age assurance system required - requirements for

• Page 14, Line 1social media companies - review process - appeals - collection and

• Page 14, Line 2retention of personal data restricted - effective date contingent upon

• Page 14, Line 3certification of the attorney general - notice to the revisor of statutes.

• Page 14, Line 4(1)  A social media company shall implement an age assurance

• Page 14, Line 5system to determine whether a current or prospective Colorado

• Page 14, Line 6user on the social media company's social media platform is a minor.

• Page 14, Line 7(2) (a)  A social media company shall provide a Colorado

• Page 14, Line 8user that the social media company identifies as a minor through

• Page 14, Line 9the use of an age assurance system with tools and safeguards

• Page 14, Line 10for Colorado minor users, including those tools and safeguards described in sections 6-1-1602, 6-1-1604, and 6-1-1605.

• Page 14, Line 11(b)  A social media company shall treat a Colorado user

• Page 14, Line 12who does not participate in an age assurance system, or for

• Page 14, Line 13whom an age assurance system does not result in a

• Page 14, Line 14determination, as a minor user. A Colorado user who is deemed

• Page 14, Line 15to be a minor user may appeal the determination through the review process described in subsection (3)(a) of this section.

• Page 14, Line 16(3) (a)  A social media company shall:

• Page 14, Line 17(I)  Implement a review process that allows a Colorado

• Page 14, Line 18user to appeal the Colorado user's age designation by submitting

• Page 14, Line 19information to establish the Colorado user's age within thirty days after the determination is made; and

• Page 14, Line 20(II)  Review information submitted by a Colorado user

• Page 14, Line 21pursuant to subsection (3)(a)(I) of this section and make a

• Page 14, Line 22determination within thirty days after the Colorado user's

• Page 14, Line 23submission of the information.

• Page 15, Line 1(b)  Nothing in this section requires the use of government-issued identification.

• Page 15, Line 2(4)  A social media company shall:

• Page 15, Line 3(a)  Collect personal data of a Colorado user only as strictly necessary for age assurance;

• Page 15, Line 4(b)  Upon determining whether a Colorado user is a minor

• Page 15, Line 5user, retain any personal data collected from the user for age

• Page 15, Line 6assurance for no more than thirty days, solely for the purpose

• Page 15, Line 7of evaluating an age determination appeal. If no appeal is

• Page 15, Line 8submitted within thirty days, a social media company shall

• Page 15, Line 9immediately delete any personal data collected from the user

• Page 15, Line 10for age assurance, except the determination of whether the user

• Page 15, Line 11is or is not a minor. If a user appeals an age determination using

• Page 15, Line 12the process described in subsection (3)(a) of this section, a social

• Page 15, Line 13media company shall retain any personal data collected from

• Page 15, Line 14the user for age assurance for the sole purpose of evaluating

• Page 15, Line 15the appeal within thirty days after its submission. After the

• Page 15, Line 16determination of the appeal, a social media company shall

• Page 15, Line 17immediately delete any personal data collected from the user

• Page 15, Line 18for age assurance, except the determination of whether the user is a minor.

• Page 15, Line 19(c)  Segregate and not combine a Colorado user's personal

• Page 15, Line 20data collected for age assurance with any other personal data

• Page 15, Line 21of the user, except whether the user is or is not determined to be a minor; and

• Page 15, Line 22(d)  Not store or use any personal data of a Colorado user

• Page 15, Line 23collected for age assurance for any other purpose except where

• Page 16, Line 1necessary for compliance with any applicable provisions of state or federal law or regulation.

• Page 16, Line 2(5) (a)  Notwithstanding any provision of this section to

• Page 16, Line 3the contrary, this section takes effect October 1, 2027; except

• Page 16, Line 4that this section takes effect only if, on or before October 1,

• Page 16, Line 52027, the attorney general certifies that neither a Colorado

• Page 16, Line 6state court, the United States district court for the district of

• Page 16, Line 7Colorado, the United States court of appeals for the tenth

• Page 16, Line 8circuit, nor the United States supreme court has held, in a

• Page 16, Line 9decision that has not been overturned or stayed and that

• Page 16, Line 10otherwise remains law, that the use of an age assurance system

• Page 16, Line 11as described in this part 16 violates the state constitution or

• Page 16, Line 12the United States constitution. Nothing in this subsection (5)(a)

• Page 16, Line 13precludes future action to conform to such a court decision if this certification cannot be provided.

• Page 16, Line 14(b)  If the attorney general makes a certification as

• Page 16, Line 15described in subsection (5)(a) of this section, the attorney

• Page 16, Line 16general shall notify the revisor of statutes in writing of the

• Page 16, Line 17date when the certification has occurred by emailing the written notice to revisorofstatutes.ga@coleg.gov.

• Page 16, Line 186-1-1604.  Tools for Colorado minor users required - minimum

• Page 16, Line 19capabilities - default setting. (1)  A social media company shall

• Page 16, Line 20provide a Colorado minor user with readily accessible and

• Page 16, Line 21easy-to-use tools and settings to protect the Colorado minor

• Page 16, Line 22user's health and safety, which tools and settings, at a minimum, include the ability to:

• Page 16, Line 23(a)  Disable covered features, including the ability to

• Page 17, Line 1disable a personalized recommendation system while still

• Page 17, Line 2allowing the display of content in a chronological or other nonpersonalized format;

• Page 17, Line 3(b)  Set time limits for the minor's daily usage of a social media platform across devices;

• Page 17, Line 4(c)  Schedule mandatory breaks for the minor during selected days and times across devices;

• Page 17, Line 5(d)  Manage consent requirements as described in section 6-1-1308.5 (3)(a); and

• Page 17, Line 6(e)  Report problems, unwanted contact, and

• Page 17, Line 7policy-violative content and activity to the social media company.

• Page 17, Line 8(2)  A social media platform shall enable the ability described in subsection (1)(a) of this section by default.

• Page 17, Line 106-1-1605. Colorado minor user accounts - requirements for

• Page 17, Line 11social media companies - safeguards - default settings. (1)  A social

• Page 17, Line 12media company shall take measures to maximize the privacy and security of Colorado minor users, including measures to:

• Page 17, Line 13(a)  Comply with all provisions within part 13 of this

• Page 17, Line 14article 1, including applicable restrictions on data collection

• Page 17, Line 15from minor user accounts and measures to protect the

• Page 17, Line 16confidentiality, security, and integrity of personal information collected from a minor user;

• Page 17, Line 17(b)  Provide an easily accessible and understandable

• Page 17, Line 18notice, as described in section 6-1-1308 (1), specifically for minor

• Page 17, Line 19users, which notice:

• Page 18, Line 1(I)  Describes any information the social media company

• Page 18, Line 2collects from a minor user, including geolocation information;

• Page 18, Line 3(II)  Explains how the information may be used or disclosed; and

• Page 18, Line 4(III)  Includes a description of how all personalized

• Page 18, Line 5recommendation systems are used by the social media company

• Page 18, Line 6to provide information to minors and information regarding how minors or their parents can opt out of or control such systems;

• Page 18, Line 7(c)  Configure the following default settings:

• Page 18, Line 8(I)  Restrict public access to a user's personal data collected by or shared on the social media platform;

• Page 18, Line 9(II)  Disable search engine indexing of minor profiles oraccounts;

• Page 18, Line 10(III)  Restrict the visibility of a minor user's account to only connected accounts;

• Page 18, Line 11(IV)  Prevent the recommendation or display of a minor

• Page 18, Line 12user's account to adult users to whom the minor is not connected;

• Page 18, Line 13(V)  Restrict the visibility of information posted by a

• Page 18, Line 14minor user so that it appears only to users with connected accounts;

• Page 18, Line 15(VI)  Limit a minor user's direct messaging capabilities to allow direct messaging only with connected accounts;

• Page 18, Line 16(VII)  Provide a minor user with clear and conspicuous

• Page 18, Line 17warnings when content shared by the minor on the social media

• Page 18, Line 18platform may contain the minor's geolocation information; and

• Page 19, Line 1(VIII)  Not display a minor user's location to other users

• Page 19, Line 2unless the minor expressly and unambiguously shares their location with a specific user;

• Page 19, Line 3(d)  Allow a minor to download a file with all informationassociated with the minor user's account; and

• Page 19, Line 4(e)  Upon request of a minor user:

• (I)  Delete the minor user's account; or

• Page 19, Line 5(II)  Delete any information or material the minor user

• Page 19, Line 6made publicly available on or through the social media platform.

• Page 19, Line 7(2)  A social media company shall:

• Page 19, Line 8(a)  Configure all default settings for a minor user's

• Page 19, Line 9account on the social media platform to the option available

• Page 19, Line 10that provides the most protective level of privacy and security for the minor user; and

• Page 19, Line 11(b)  Not provide a minor user with a single setting that makes all of the default settings less protective at once.

• Page 19, Line 126-1-1606.  Social media platforms - user autonomy.A social

• Page 19, Line 13media platform shall not lead or encourage a Colorado minor

• Page 19, Line 14user or a parent of a Colorado minor user to provide personal

• Page 19, Line 15information, provide consent, disable safeguards, or forgo

• Page 19, Line 16privacy or security protections required under this part 16 using

• Page 19, Line 17any mechanism or interface that is designed to substantially

• Page 19, Line 18subvert or impair, or that is manipulated with the effect of

• Page 19, Line 19substantially subverting or impairing, user autonomy, decision-making, or choice.

• Page 19, Line 206-1-1607.  Social media companies - use of engagement designs,

• Page 20, Line 1algorithms, and features.The use of a design, algorithm, or

• Page 20, Line 2feature to increase, sustain, or extend a Colorado minor user's

• Page 20, Line 3engagement with, or use of, a social media platform is

• Page 20, Line 4considered processing that presents a heightened risk of harm

• Page 20, Line 5to minors, as defined in section 6-1-1303 (14.5), and is subject to the requirements of section 6-1-1309.5.

• Page 20, Line 66-1-1608.  Collection of personal data restricted.A social

• Page 20, Line 7media platform shall collect personal data only as is

• Page 20, Line 8reasonably necessary and proportionate to provide or maintain

• Page 20, Line 9a specific product or service requested by the consumer to whom the data pertains.

• Page 20, Line 106-1-1609.  Violations - unfair or deceptive trade practice.A

• Page 20, Line 11person that knowingly or recklessly violates this part 16 or

• Page 20, Line 12aids or abets a violation of this part 16 commits a deceptive trade practice, as described in section 6-1-105 (1)(iiii).

• Page 20, Line 136-1-1610.  Nondiscrimination in applicability.Nothing in this

• Page 20, Line 14part 16 may be construed to discriminate against a Colorado

• Page 20, Line 15minor based on race, color, ethnicity, religion, sex, disability,

• Page 20, Line 16sexual orientation, gender identity, gender expression, or national origin.

• Page 20, Line 176-1-1611.  Duties and obligations not exclusive - remedies not

• Page 20, Line 18exclusive. (1)  The duties and obligations imposed by this part 16

• Page 20, Line 19are in addition to any other duties or obligations imposed under

• Page 20, Line 20local, state, or federal law, and this part 16 does not relieve any party from any duties or obligations imposed under law.

• Page 20, Line 21(2)  The remedies or penalties provided by this part 16 are

• Page 20, Line 22in addition to any other remedies or penalties available under local, state, or federal law.

• Page 21, Line 16-1-1612.  Severability.If any provision of this part 16 or the

• Page 21, Line 2application of this part 16 to any person or circumstance is held

• Page 21, Line 3invalid, such invalidity does not affect other provisions or

• Page 21, Line 4applications of this part 16 that can be given effect without the

• Page 21, Line 5invalid provision or application, and to this end the provisions of this part 16 are declared to be severable.

• Page 21, Line 66-1-1613.  Rules. (1)  The attorney general may adopt rules to implement this part 16, including rules:

• Page 21, Line 7(a)  Identifying age assurance systems that can determine whether a user is a Colorado minor;

• Page 21, Line 8(b)  Describing an appropriate review process for a user who appeals their age designation; and

• Page 21, Line 9(c)  Providing any additional privacy protections for age assurance data.

• Page 21, Line 10(2)  If the attorney general adopts rules pursuant to

• Page 21, Line 11subsection (1) of this section, the attorney general shall

• Page 21, Line 12periodically review and update the rules as necessary to keep pace with emerging technology.

• Page 21, Line 13SECTION 3.  In Colorado Revised Statutes, 6-1-105, add (1)(iiii) as follows:

• Page 21, Line 146-1-105.  Unfair or deceptive trade practices - definitions.

• Page 21, Line 15(1)  A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

• Page 21, Line 16(iiii)  Knowingly or recklessly violates or aids or abets the commission of a violation of part 16 of this article 1.

• Page 21, Line 17SECTION 4.  Act subject to petition - effective date. Section

• Page 22, Line 16-1-1607, Colorado Revised Statutes, as added in section 2 of this act,

• Page 22, Line 2takes effect October 1, 2025; section 6-1-1603, Colorado Revised

• Page 22, Line 3Statutes, as added in section 2 of this act, takes effect October 1, 2027,

• Page 22, Line 4only if the attorney general makes a certification on or before October 1,

• Page 22, Line 52027, as described in section 6-1-1603 (5), and the remainder of this act

• Page 22, Line 6takes effect at 12:01 a.m. on the day following the expiration of the

• Page 22, Line 7ninety-day period after final adjournment of the general assembly; except

• Page 22, Line 8that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 22, Line 9of the state constitution against this act or an item, section, or part of this

• Page 22, Line 10act within such period, then the act, item, section, or part will not take

• Page 22, Line 11effect unless approved by the people at the general election to be held in

• Page 22, Line 12November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.