Senate Bill 25-086 Introduced

A Bill for an Act

• Page 1, Line 101Concerning protections for users of social media, and, in

• Page 1, Line 102connection therewith, establishing certain

• Page 1, Line 103requirements for social media companies.

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 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 publish and update policies for each social media platform owned or operated by the social media company (published policies) and establishes mandatory contents for the published policies;
• Requires a social media company to submit to the department of law an annual report that includes, for each social media platform owned or operated by the social media company, information concerning the published policies and violations of the published policies;
• Requires a social media company to annually make publicly available a report that includes, for each social media platform owned or operated by the social media company, certain data concerning how minor users used the social media platform, including a description of all product experiments that were conducted on 1,000 or more minor users;
• Requires a social media company, upon the notification of a user's alleged violation of the published policies or of state or federal law, to determine within 72 hours whether the violation occurred and, if so, to remove the user from the applicable social media platform within 24 hours after the determination is made;
• Requires a social media platform with at least one million users to provide a streamlined process to allow Colorado law enforcement agencies to contact the social media company that operates the social media platform and to comply with a search warrant within 72 hours after receiving the search warrant;
• Makes a violation of the new requirements an unfair or deceptive trade practice under the "Colorado Consumer Protection Act", to be punished accordingly; and
• Authorizes the attorney general to adopt rules to carry out the new requirements.

• 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 that:

• Page 2, Line 3(a)  Criminal activity endangering Colorado youth occurs widely on social media platforms;

• Page 3, Line 1(b)  Through social media, minors can readily obtain illicit substances and firearms in violation of state and federal law; and

• Page 3, Line 2(c)  Minors using social media platforms are regularly victimized by sexually exploitative crimes, such as sex trafficking and sextortion.

• Page 3, Line 3(2)  The general assembly also finds that self-regulation by social

• Page 3, Line 4media companies has not worked, and it is time for Colorado to step in and put common-sense laws in place to protect its youth.

• Page 3, Line 5(3)  Therefore, the general assembly declares that it is in the best

• Page 3, Line 6interests of the people of Colorado to create a safer social media environment for minors by directing social media companies to:

• Page 3, Line 7(a)  Provide annual data about minors' use of social media platforms, including metrics concerning criminal activity;

• Page 3, Line 8(b)  State their policies concerning criminal activity and remove users who engage in criminal violations; and

• Page 3, Line 9(c)  Responsibly assist Colorado law enforcement agencies with lawful criminal investigations.

• Page 3, Line 10SECTION 2.  In Colorado Revised Statutes, amend with relocated provisions part 16 of article 1 of title 6 as follows:

• Page 3, Line 116-1-1601.  Definitions.As used in this part 16, unless the context otherwise requires:

• Page 3, Line 12(1)  "Actioned" means a social media company, due to a

• Page 3, Line 13suspected or confirmed violation of its published policies, has

• Page 3, Line 14taken some form of action, including removal, demonetization,

• Page 3, Line 15deprioritization, banning, suspending, or taking a similar measure against a user or an item of content.

• Page 3, Line 16(2)  "Age category" means one of the following age groupings:

• Page 4, Line 1(a)  Under thirteen years of age;

• Page 4, Line 2(b)  At least thirteen years of age but under sixteen years of age;

• Page 4, Line 3(c)  At least sixteen years of age but under eighteen years of age;

• Page 4, Line 4(d)  At least eighteen years of age but under twenty-two years of age;

• Page 4, Line 5(e)  At least twenty-two years of age but under thirty-one years of age;

• Page 4, Line 6(f)  At least thirty-one years of age but under forty-five years of age;

• Page 4, Line 7(g)  At least forty-five years of age; and

• Page 4, Line 8(h)  Not relevant, which age grouping includes user

• Page 4, Line 9accounts for which age is not relevant, such as organizational or entity accounts.

• Page 4, Line 10(3)  "Colorado law enforcement agency" means a law enforcement agency in this state.

• Page 4, Line 11(4) (a)  "Content" means any statements, comments, media,

• Page 4, Line 12or information that is created, posted, shared, or otherwise interacted with by users on a social media platform.

• Page 4, Line 13(b)  "Content" does not include media placed on an

• Page 4, Line 14internet-based service or application exclusively for the

• Page 4, Line 15purpose of cloud storage, transmitting files, or file collaboration.

• Page 4, Line 16(5)  "Educational entity" means a public school, a charter

• Page 4, Line 17school, an institute charter school, a board of cooperative

• Page 5, Line 1services, the Colorado school for the deaf and the blind, a

• Page 5, Line 2private school, a denominational school, a parochial school, a

• Page 5, Line 3community college, a state college, a state university, a

• Page 5, Line 4nonprofit private postsecondary educational institution, or an

• Page 5, Line 5education and training program approved by the director of the

• Page 5, Line 6division of professions and occupations in the department of regulatory agencies.

• Page 5, Line 7(6)  "Firearm" means:

• (a)  A firearm, as defined in section 18-1-901 (3)(h);

• Page 5, Line 8(b)  An unfinished or three-dimensionally printed frame or receiver of a firearm, as defined in section 18-12-101 (1)(c.5); and

• Page 5, Line 9(c)  A machine gun conversion device, as defined in section 18-12-101 (1)(g.2).

• Page 5, Line 10(7) (a)  "Illicit substance" means:

• Page 5, Line 11(I)  A controlled substance, as defined in section 18-18-102 (5);

• Page 5, Line 12(II)  Any hemp product, as defined in section 25-5-427 (2)(d),

• Page 5, Line 13that is not a tincture or cosmetic and has more than one and

• Page 5, Line 14one-fourth milligrams of THC, as defined in section 44-10-209

• Page 5, Line 15(2)(d), per serving or has a ratio of cannabidiol to THC of less than twenty to one; and

• Page 5, Line 16(III)  Any product that contains hemp that is intended for

• Page 5, Line 17human consumption and is not a cosmetic, a dietary supplement, a food, a food additive, or an herb.

• Page 5, Line 18(b)  Notwithstanding subsection (7)(a) of this section, "illicit substance" does not include:

• Page 5, Line 19(I)  A product that may be produced and sold in Colorado

• Page 6, Line 1pursuant to and in compliance with section 25-5-427, article 10 of title 44, and rules adopted pursuant to such provisions; or

• Page 6, Line 2(II)  A product that may be produced for personal use or

• Page 6, Line 3produced and administered for natural medicine services

• Page 6, Line 4pursuant to and in compliance with article 170 of title 12,

• Page 6, Line 5section 18-18-434, article 50 of title 44, and rules adopted pursuant to such provisions.

• Page 6, Line 6(8)  "Minor" means an individual under eighteen years of age.

• Page 6, Line 7(9)  "Minor safety tool" means a feature, setting, tool, or

• Page 6, Line 8similar option that allows a minor user or their parent to

• Page 6, Line 9protect the privacy, security, or health of the minor user on a

• Page 6, Line 10social media platform, including a feature, setting, tool, or similar option that allows an individual to:

• Page 6, Line 11(a)  Make an account private;

• Page 6, Line 12(b)  Control the sending or receipt of direct messages or comments;

• Page 6, Line 13(c)  Block or report suspicious accounts;

• (d)  Control time spent or content viewed; or

• Page 6, Line 14(e)  Disable or alter algorithmic suggestions of content.

• Page 6, Line 15(10)  "Parent" means a parent or a legal guardian of a minor.

• Page 6, Line 16(11) (a)  "Published policies" means policies adopted and

• Page 6, Line 17published by a social media company pursuant to section 6-1-1603

• Page 6, Line 18that specify, at least, the user behaviors and activities that are

• Page 6, Line 19permitted on a social media platform owned or operated by the

• Page 6, Line 20social media company and the user behaviors and activities that may subject a user or an item of content to being actioned.

• Page 7, Line 1(b)  "Published policies" includes terms of service and community guidelines.

• Page 7, Line 2(12)  "Search warrant" means a search warrant duly executed pursuant to part 3 of article 3 of title 16.

• Page 7, Line 3(13)  "Sex trafficking of a minor" means selling, recruiting,

• Page 7, Line 4harboring, transporting, transferring, isolating, enticing,

• Page 7, Line 5providing, receiving, obtaining by any means, maintaining, or

• Page 7, Line 6making available a minor for the purpose of commercial sexual activity, as defined in section 18-3-502 (3).

• Page 7, Line 7(14)  "Sexually exploitative material" has the meaning set forth in section 18-6-403 (2)(j).

• Page 7, Line 8(15)  "Social media company" means a person that owns or operates one or more social media platforms.

• Page 7, Line 9(16) (a)  "Social media platform" means an internet-based

• Page 7, Line 10service or application that has users in Colorado and meets both of the following criteria:

• Page 7, Line 11(I)  A substantial function of the service or application is

• Page 7, Line 12to allow users to interact socially with each other within the service or application; and

• Page 7, Line 13(II)  The service or application allows a user to:

• Page 7, Line 14(A)  Become a registered user, establish an account,

• Page 7, Line 15construct a public or semipublic profile for purposes of signing

• Page 7, Line 16into and using the service or application, or populate a list of

• Page 7, Line 17other users or accounts with whom an individual shares a social connection within the service or application; and

• Page 7, Line 18(B)  Create or post content that is viewable by other users.

• Page 8, Line 1(b)  "Social media platform" does not include an

• Page 8, Line 2internet-based service or application if the predominant or exclusive function of the service or application is:

• Page 8, Line 3(I)  Providing electronic mail;

• Page 8, Line 4(II)  Providing direct messaging whereby messages are sent

• Page 8, Line 5between devices by electronic means, are shared between a

• Page 8, Line 6sender and a recipient, are visible only to the sender and the

• Page 8, Line 7recipient, are not posted publicly, and are not embedded into a social media platform;

• Page 8, Line 8(III)  Facilitating communication within a business or an

• Page 8, Line 9enterprise among employees or affiliates of the business or

• Page 8, Line 10enterprise, so long as access to the service or application is

• Page 8, Line 11restricted to employees or affiliates of the business or enterprise;

• Page 8, Line 12(IV)  Selling enterprise software to businesses, governments, or nonprofit organizations;

• Page 8, Line 13(V)  Providing cloud-based electronic storage, including

• Page 8, Line 14cloud-based storage that allows collaborative editing by invited users;

• Page 8, Line 15(VI)  Facilitating teleconferencing and video

• Page 8, Line 16conferencing features that are limited to certain participants

• Page 8, Line 17in the teleconference or video conference and are not posted publicly or for broad distribution to other users;

• Page 8, Line 18(VII)  Facilitating crowdsourced content for reference

• Page 8, Line 19guides, such as encyclopedias, educational materials, and

• Page 8, Line 20dictionaries;

• Page 9, Line 1(VIII)  Facilitating online shopping or e-commerce if the

• Page 9, Line 2related interactions between users or account holders are limited to:

• Page 9, Line 3(A)  The ability to post and view comments as part of ratings and reviews of products;

• Page 9, Line 4(B)  The ability to display lists or collections of goods for sale or wish lists; and

• Page 9, Line 5(C)  Other functions that are focused on online shopping

• Page 9, Line 6or e-commerce rather than other interactions between users or account holders;

• Page 9, Line 7(IX)  Providing a streaming service that:

• Page 9, Line 8(A)  Streams only licensed and not user-generated media

• Page 9, Line 9in a continuous flow from the service, website, or application to the end user; and

• Page 9, Line 10(B)  Does not require a user or account holder to obtain

• Page 9, Line 11a license to the media by agreement to the service's or application's terms of service;

• Page 9, Line 12(X)  Providing news, sports, entertainment, or other

• Page 9, Line 13content that is preselected by the provider and not user-generated;

• Page 9, Line 14(XI)  Providing an online service, website, or application

• Page 9, Line 15that is used by or under the direction of an educational entity,

• Page 9, Line 16including a learning management system, a student engagement

• Page 9, Line 17program, or a subject- or skill-specific program, where the

• Page 9, Line 18content is predominantly created or posted by the provider of

• Page 9, Line 19the online service, website, or application and the ability to

• Page 9, Line 20chat, comment, or interact with other users is directly related to the provider's content;

• Page 10, Line 1(XII)  Providing or obtaining technical support for a software platform, product, or service;

• Page 10, Line 2(XIII)  Providing career development opportunities,

• Page 10, Line 3including professional networking, job skills, learning certifications, and job posting and application services;

• Page 10, Line 4(XIV)  Facilitating academic or scholarly research;

• Page 10, Line 5(XV)  Providing interactive gaming, virtual gaming, or an

• Page 10, Line 6online service that allows the creation and uploading of

• Page 10, Line 7content for the purpose of interactive gaming, educational

• Page 10, Line 8entertainment, or other entertainment, and the communication related to that content; or

• Page 10, Line 9(XVI)  Reporting or disseminating news information for a mass medium, as defined in section 13-90-119 (1)(a).

• Page 10, Line 10(c)  "Social media platform" does not include an internet-based service or application if:

• Page 10, Line 11(I)  The content that is posted or created is predominantly

• Page 10, Line 12posted or created by the provider of the internet-based service or application and not user-generated; and

• Page 10, Line 13(II)  The ability to chat, comment, or interact with other users is directly related to the provider's content.

• Page 10, Line 14(17)  "Subject use" means the use of a social media platform for:

• Page 10, Line 15(a)  The sale or advertisement of an illicit substance;

• Page 10, Line 16(b)  The sale of a firearm in violation of state or federal law;

• Page 10, Line 17(c)  Sex trafficking of a minor; or

• Page 11, Line 1(d)  The possession, display, exchange, distribution, sale, or

• Page 11, Line 2creation of, or the inducement to create, sexually exploitative material.

• Page 11, Line 36-1-1602. [Formerly 6-1-1601] Social media platform - minor

• Page 11, Line 4users - standards. (1)  On or after January 1, 2026, a social media platform must establish include a function that either:

• Page 11, Line 5(a)  Meets the criteria in subsection (2) of this section and be is

• Page 11, Line 6informed by the standards established in subsection (5) (4) of this section; or

• Page 11, Line 7(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 11, Line 8(I)  Has spent one cumulative hour on the social media platform during a twenty-four-hour period; or

• Page 11, Line 9(II)  Is on a social media platform between the hours of 10 p.m. and 6 a.m.

• Page 11, Line 10(2)  The function established pursuant to subsection (1) of this

• Page 11, Line 11section must provide users who are under the age of eighteen years of

• Page 11, Line 12age with information about their engagement in social media that helps

• Page 11, Line 13the user understand the impact of social media on the developing brain

• Page 11, Line 14and the mental and physical health of youth minor users. The information

• Page 11, Line 15must be supported by data from peer-reviewed scholarly articles or the

• Page 11, Line 16sources included in the mental health and technology resource bank established in section 22-2-127.8 (1).

• Page 11, Line 17(3)  If the social media platform establishes the function described

• Page 11, Line 18in subsection (1)(b) of this section, the function must repeat at least every thirty minutes after the initial notification.

• Page 11, Line 19(4) (a)  As used in this section, "social media platform" means an internet-based service, website, or application that:

• Page 12, Line 1(I)  Has more than one hundred thousand active users in Colorado;

• Page 12, Line 2(II)  Permits a person to become a registered user, establish an

• Page 12, Line 3account, or create a public or semipublic profile for the purpose of

• Page 12, Line 4allowing users to create, share, and view user-generated content through the account or profile;

• Page 12, Line 5(III)  Enables one or more users to create or post content that can be viewed by other users of the medium; and

• Page 12, Line 6(IV)  Includes a substantial function to allow users to interact

• Page 12, Line 7socially with each other within the service or application. A service or

• Page 12, Line 8application that provides electronic mail or direct messaging services

• Page 12, Line 9does not meet the criterion described in this subsection (4) on the basis of that function alone.

• Page 12, Line 10(b)  "Social media platform" does not include an internet-based service or application in which the predominant or exclusive function is:

• Page 12, Line 11(I)  Providing electronic mail;

• Page 12, Line 12(II)  Facilitating commercial transactions, if the interaction with other users or account holders is generally limited to:

• Page 12, Line 13(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 12, Line 14(B)  The primary function of the platform is focused on online

• Page 12, Line 15shopping or e-commerce rather than interactions between users or account holders;

• Page 12, Line 16(III)  Facilitating teleconferencing and video conferencing features

• Page 12, Line 17that are limited to certain participants in the teleconference or video

• Page 12, Line 18conference and are not posted publicly or for broad distribution to other

• Page 12, Line 19users;

• Page 13, Line 1(IV)  Facilitating crowd-sourced content for reference guides such as encyclopedias and dictionaries;

• Page 13, Line 2(V)  Providing cloud-based electronic services, including cloud-based services that allow collaborative editing by invited users;

• Page 13, Line 3(VI)  Consisting primarily of news, sports, entertainment, or other

• Page 13, Line 4content that is preselected by the provider and not user generated and any

• Page 13, Line 5chat, comment, or interactive functionality that is provided incidental to, directly related to, or dependent upon provision of the content;

• Page 13, Line 6(VII)  Interactive gaming, virtual gaming, or an online service that

• Page 13, Line 7allows the creation and uploading of content for the purpose of interactive or virtual gaming;

• Page 13, Line 8(VIII)  Providing information concerning businesses, products, or

• Page 13, Line 9travel information, including user reviews or rankings of businesses or products;

• Page 13, Line 10(IX)  Facilitating communication within a business or an enterprise

• Page 13, Line 11among employees or affiliates of the business or enterprise, so long as

• Page 13, Line 12access to the service or application is restricted to employees or affiliates of the business or enterprise;

• Page 13, Line 13(X)  Selling enterprise software to businesses, governments, or nonprofit organizations;

• Page 13, Line 14(XI)  Providing a streaming service that streams only licensed

• Page 13, Line 15media in a continuous flow from the service, website, or application to the

• Page 13, Line 16end user and does not require a user or account holder to obtain a license

• Page 13, Line 17for the media by agreement with a social media platform's terms of service;

• Page 13, Line 18(XII)  Providing an online service, website, or application that is

• Page 13, Line 19used by or under the direction of an educational entity, including a

• Page 14, Line 1learning management system, a student engagement program, or a

• Page 14, Line 2subject- or skill-specific program, for which the majority of the content

• Page 14, Line 3is created or posted by the provider of the online service, website, or

• Page 14, Line 4application and the ability to chat, comment, or interact with other users is directly related to the provider's content;

• Page 14, Line 5(XIII)  Providing or obtaining technical support for a platform, product, or service;

• Page 14, Line 6(XIV)  Providing career development opportunities, including

• Page 14, Line 7professional networking, job skills, learning certifications, and job posting and application services;

• Page 14, Line 8(XV)  Focused on facilitating academic or scholarly research; or

• Page 14, Line 9(XVI)  Reporting or disseminating news information for a mass medium, as defined in section 13-90-119.

• Page 14, Line 10(5)  (4)  The chief information officer in the office of information

• Page 14, Line 11technology, in consultation with the director of the center for health and

• Page 14, Line 12environmental data division of the Colorado department of public health

• Page 14, Line 13and environment and the temporary stakeholder group established in

• Page 14, Line 14section 22-2-127.8, shall establish standards for a user tool or function

• Page 14, Line 15that meets the requirements of subsection (1) of this section for a social media platform. The standards must:

• Page 14, Line 16(a)  Recommend intervals for notification frequency that are similar to those in subsection (3) of this section;

• Page 14, Line 17(b)  Provide sample messaging for the content of the notification;

• Page 14, Line 18(c)  Be informed by data and research on the efficacy of notifications; and

• Page 14, Line 19(d)  Recommend the age range of users who would most benefit

• Page 14, Line 20from notifications.

• Page 15, Line 16-1-1603.  Social media companies - published policies -

• Page 15, Line 2required disclosures. (1)  On or before July 1, 2026, a social media

• Page 15, Line 3company shall post published policies for each social media

• Page 15, Line 4platform owned or operated by the social media company. The

• Page 15, Line 5published policies must be posted in a clear and conspicuous

• Page 15, Line 6manner reasonably designed to inform all users of the social

• Page 15, Line 7media platform of the existence and contents of the published

• Page 15, Line 8policies. After the initial posting of the published policies, a

• Page 15, Line 9social media company shall post any material updates to the

• Page 15, Line 10published policies within fourteen days after the implementation of the updated published policies.

• Page 15, Line 11(2)  The published policies posted pursuant to subsection (1) of this section must include:

• Page 15, Line 12(a)  Contact information or a description of the process

• Page 15, Line 13that allows a user to ask the social media company questions about, or report violations of, the published policies;

• Page 15, Line 14(b)  A description of the process that a user must follow to

• Page 15, Line 15flag content, activity, groups, or other users that the user believes violate the published policies;

• Page 15, Line 16(c)  A description of the social media company's process to

• Page 15, Line 17respond to and resolve user questions, reports, and flags as

• Page 15, Line 18described in subsections (2)(e) and (2)(f) of this section, including

• Page 15, Line 19average response times to user questions, reports, and flags. If

• Page 15, Line 20applicable, this description must include information about the

• Page 15, Line 21process by which the social media company informs a reporting

• Page 15, Line 22user of the action taken in response to the user's question,

• Page 15, Line 23report, or flag.

• Page 16, Line 1(d)  A description of the social media platform's

• Page 16, Line 2restrictions on the use of the social media platform as to subject uses;

• Page 16, Line 3(e)  A description of the social media company's process for

• Page 16, Line 4enforcing its published policies as to subject uses and the

• Page 16, Line 5potential consequences of violating the published policies as to subject uses, which description includes:

• Page 16, Line 6(I)  Actions the social media company may take against an

• Page 16, Line 7item of content, a group, or a user, including actions described in section 6-1-1607; and

• Page 16, Line 8(II)  Details concerning:

• Page 16, Line 9(A)  What actions the social media company may take in

• Page 16, Line 10response to activity that violates a published policy on subject

• Page 16, Line 11uses, including whether and how those actions may vary when multiple violations of a published policy or policies occur; and

• Page 16, Line 12(B)  How many violations of a published policy concerning a subject use are required to result in a specific action;

• Page 16, Line 13(f)  A description of when violations of published policies

• Page 16, Line 14are reported to law enforcement for investigation and

• Page 16, Line 15potential prosecution, including a description of when and how

• Page 16, Line 16subject uses will be reported to law enforcement and in what format this information will be provided; and

• Page 16, Line 17(g)  A list of the languages in which the published policies are available.

• Page 16, Line 186-1-1604.  Social media companies - published policies and

• Page 16, Line 19violations report required. (1)  On an annual basis in accordance

• Page 16, Line 20with section 6-1-1606, a social media company shall submit to the

• Page 17, Line 1department of law, in a machine-readable and open format, a

• Page 17, Line 2report that includes, for each social media platform owned or operated by the social media company:

• Page 17, Line 3(a)  The current version of the published policies of the social media platform;

• Page 17, Line 4(b)  If a social media company has filed its first report, a

• Page 17, Line 5complete and detailed description of any changes to the published policies since the previous report;

• Page 17, Line 6(c)  A statement of whether the current version of the

• Page 17, Line 7published policies contains definitions and provisions relating to subject uses; and

• Page 17, Line 8(d)  For the preceding calendar year, data pertaining to

• Page 17, Line 9each category of subject uses from users based in the United States as to:

• Page 17, Line 10(I)  The total number of instances in which the social media

• Page 17, Line 11company was alerted to illegal content, illegal activity, or

• Page 17, Line 12potentially published-policy-violating content or activity, disaggregated by:

• Page 17, Line 13(A)  The form of the alert, including by user complaint, a

• Page 17, Line 14notification or report from an employee or a person contracting

• Page 17, Line 15with the social media company, an internal automated detection tool, or other function;

• Page 17, Line 16(B)  The percentage of flagged items of content that were ultimately actioned; and

• Page 17, Line 17(C)  The average time between when the social media company was alerted and the action taken;

• Page 17, Line 18(II)  The number of accounts actioned for violating a published policy as to subject uses, disaggregated by:

• Page 18, Line 1(A)  The number of days between detection of the violation and the suspension or removal of each account; and

• Page 18, Line 2(B)  The age category of the operator of the suspended or removed account;

• Page 18, Line 3(III)  Whether the account and violative content or activity was referred to law enforcement;

• Page 18, Line 4(IV)  The total number of actioned items of content, disaggregated by type of action;

• Page 18, Line 5(V)  The average number of times actioned items of content were viewed by users before the items were actioned;

• Page 18, Line 6(VI)  The distribution of views of actioned items of content by age category and by subject use;

• Page 18, Line 7(VII)  The five hundred posts that received the highest

• Page 18, Line 8number of views before the posts were actioned, including copies of the posts;

• Page 18, Line 9(VIII)  The number of instances in which a user appealed a

• Page 18, Line 10decision to remove the user's actioned content or remove or

• Page 18, Line 11suspend the user's account and the percentage of appeals that resulted in the restoration of content or an account;

• Page 18, Line 12(IX)  The number of users referred to law enforcement, disaggregated by age category; and

• Page 18, Line 13(X)  The number of requests from Colorado law

• Page 18, Line 14enforcement agencies for user data, disaggregated by the response time for each request.

• Page 18, Line 15(2)  On an annual basis in accordance with section

• Page 18, Line 166-1-1606, a social media company shall submit to the department

• Page 19, Line 1of law, in a machine-readable and open format, a report that

• Page 19, Line 2includes, for each social media platform owned or operated by the social media company:

• Page 19, Line 3(a)  The total number of Colorado-based users or account holders on the social media platform; and

• Page 19, Line 4(b)  Whether a Colorado-based user's account or violative

• Page 19, Line 5content was shared with law enforcement and, if so, which subject use or subject uses were involved.

• Page 19, Line 6(3)  In satisfying the reporting requirements described in

• Page 19, Line 7subsections (1) and (2) of this section, a social media company

• Page 19, Line 8shall certify that all reasonable efforts have been made to

• Page 19, Line 9provide complete, true, and accurate information in fulfillment of the requirements of this section.

• Page 19, Line 106-1-1605.  Social media companies - minor usage report

• Page 19, Line 11required. (1)  On an annual basis in accordance with section

• Page 19, Line 126-1-1606, a social media company shall make publicly available,

• Page 19, Line 13in a machine-readable and open format and in a location that is

• Page 19, Line 14easily accessible, a report that includes, for each social media platform owned or operated by the social media company:

• Page 19, Line 15(a)  For the preceding calendar year, the following data

• Page 19, Line 16concerning how minors in the United States used the social

• Page 19, Line 17media platform, disaggregated by age category and gender for all users in the United States and for all users in Colorado:

• Page 19, Line 18(I)  The total number of minor users who used the social media platform;

• Page 19, Line 19(II)  The average amount of time spent each day on the

• Page 19, Line 20social media platform by minor users, with respect to the tenth,

• Page 20, Line 1twenty-fifth, fiftieth, seventy-fifth, ninetieth, ninety-ninth, and

• Page 20, Line 2ninety-nine and nine-tenths percentiles of daily use by all minor users;

• Page 20, Line 3(III)  The distribution of minor users who spend at least

• Page 20, Line 4one hour per day on the social media platform, reported in

• Page 20, Line 5one-hour increments, from one hour through twenty-four hours;

• Page 20, Line 6(IV)  The distribution of minor users who spend more than

• Page 20, Line 7thirty minutes on the social media platform between the hours of 10 p.m. and 6 a.m., reported in thirty-minute increments;

• Page 20, Line 8(V)  The average percentage of the social media platform's

• Page 20, Line 9total minor users who use the social media platform for each hour of each day;

• Page 20, Line 10(VI)  On average, how many notifications were sent each

• Page 20, Line 11day with respect to the tenth, twenty-fifth, fiftieth,

• Page 20, Line 12seventy-fifth, ninetieth, ninety-ninth, and ninety-nine and nine-tenths percentiles of minor users receiving notifications;

• Page 20, Line 13(VII)  On average, how many notifications were sent with

• Page 20, Line 14respect to the tenth, twenty-fifth, fiftieth, seventy-fifth,

• Page 20, Line 15ninetieth, ninety-ninth, and ninety-nine and nine-tenths

• Page 20, Line 16percentiles of minor users during each hour between the hours of 8 a.m. and 3 p.m.;

• Page 20, Line 17(VIII)  On average, how many notifications were sent with

• Page 20, Line 18respect to the tenth, twenty-fifth, fiftieth, seventy-fifth,

• Page 20, Line 19ninetieth, ninety-ninth, and ninety-nine and nine-tenths

• Page 20, Line 20percentiles of minor users during each hour between the hours

• Page 20, Line 21of 10 p.m. and 6 a.m.;

• Page 21, Line 1(IX)  The one hundred pieces of public content most

• Page 21, Line 2frequently viewed by minor users each month, including hyperlinks to each piece of content;

• Page 21, Line 3(X)  The total number of minor users who have viewed,

• Page 21, Line 4commented on, shared, or otherwise interacted with actioned

• Page 21, Line 5content that was found to violate the social media platform's

• Page 21, Line 6published policies, disaggregated by published policy violation type and by subject use;

• Page 21, Line 7(XI)  A list of minor safety tools made available by the

• Page 21, Line 8social media platform, noting which tools are enabled by

• Page 21, Line 9default and the total number and percentage of minor users who have each tool enabled; and

• Page 21, Line 10(XII)  If the social media platform makes available the

• Page 21, Line 11ability to link a parent or family account, the percentage of

• Page 21, Line 12minor users who have linked their account to such a parent or family account;

• Page 21, Line 13(b)  A general description of the social media platform's

• Page 21, Line 14published policies regarding the age of users and how the social

• Page 21, Line 15media platform verifies users' ages, how the social media

• Page 21, Line 16company that operates the social media platform responds to

• Page 21, Line 17user reports of potential violations, and what action is taken

• Page 21, Line 18when a user is found to have violated the social media platform's published policies regarding age, including:

• Page 21, Line 19(I)  The total number of users the social media platform

• Page 21, Line 20identified, either through users, employees, or automated means,

• Page 21, Line 21who did not provide their true ages to the social media platform

• Page 21, Line 22or who otherwise violated the social media platform's published policies regarding age, disaggregated by age category; and

• Page 22, Line 1(II)  The social media company's response to users identified

• Page 22, Line 2as not providing their true ages or otherwise violating the

• Page 22, Line 3social media platform's published policies regarding age,

• Page 22, Line 4including the total number of user accounts that were actioned

• Page 22, Line 5by the social media company and a breakdown by percentages of the actions taken, disaggregated by age category; and

• Page 22, Line 6(c)  A description of all product experiments that have

• Page 22, Line 7been conducted on one thousand or more minor users, including

• Page 22, Line 8a description of the experimental conditions and the results of each product experiment.

• Page 22, Line 9(2)  In satisfying the reporting requirement described in

• Page 22, Line 10subsection (1) of this section, a social media company shall

• Page 22, Line 11certify that all reasonable efforts have been made to provide

• Page 22, Line 12complete, true, and accurate information in fulfillment of the requirements of this section.

• Page 22, Line 136-1-1606.  Timing of reports - public disclosures. (1)  The first

• Page 22, Line 14submission of reports by a social media company made pursuant

• Page 22, Line 15to section 6-1-1604 (1) and (2) and the first public disclosure of

• Page 22, Line 16reports by a social media company made pursuant to section

• Page 22, Line 176-1-1605 (1) shall occur no later than one hundred eighty days

• Page 22, Line 18after the effective date of this part 16, as amended. Thereafter,

• Page 22, Line 19reports shall be submitted no later than February 1 of each year.

• Page 22, Line 20(2)  Each report submitted pursuant to section 6-1-1604 (1)

• Page 22, Line 21and (2) may be made available to the public at the attorney

• Page 22, Line 22general's discretion.

• Page 23, Line 16-1-1607.  Social media companies and social media platforms

• Page 23, Line 2- removal of users for prohibited activity. (1)  Except as described

• Page 23, Line 3in subsection (3) of this section, upon the detection by a social

• Page 23, Line 4media platform or social media company, or upon the

• Page 23, Line 5notification to a social media platform or social media company

• Page 23, Line 6by a user, a parent of a minor user, a visitor, or a Colorado law

• Page 23, Line 7enforcement agent, that a user of a social media platform

• Page 23, Line 8engages in one or more subject uses, the social media company that operates the social media platform shall:

• Page 23, Line 9(a)  Determine within seventy-two hours after detection

• Page 23, Line 10or notification whether the user violated the social media platform's published policies; and

• Page 23, Line 11(b)  If the social media company determines that the user

• Page 23, Line 12violated the social media platform's published policies,

• Page 23, Line 13terminate the user's account on the social media platform

• Page 23, Line 14within twenty-four hours after the determination is made and

• Page 23, Line 15use available methods and technology to prevent the user from

• Page 23, Line 16operating, registering, establishing, or opening an account or profile on the platform.

• Page 23, Line 17(2)  A social media company shall:

• Page 23, Line 18(a)  Implement a review process allowing a user to appeal a determination described in subsection (1)(a) of this section; and

• Page 23, Line 19(b)  Review an appeal and make a determination concerning

• Page 23, Line 20the appeal within fourteen calendar days after the user requests an appeal.

• Page 23, Line 21(3)  A social media platform may allow a user to sell or

• Page 23, Line 22advertise medical marijuana or retail marijuana to users who

• Page 24, Line 1are at least twenty-one years of age so long as the sale or

• Page 24, Line 2advertising complies with any rules adopted pursuant to section 44-10-203 (3)(a).

• Page 24, Line 36-1-1608.  Social media contact process - search warrants -

• Page 24, Line 4deadline for compliance - extension of deadline - applicability. (1)  A

• Page 24, Line 5social media company shall ensure that each of its social media

• Page 24, Line 6platforms provides a streamlined process to allow Colorado

• Page 24, Line 7law enforcement agencies to contact the social media company, which process does at least the following:

• Page 24, Line 8(a)  Makes available a staffed hotline for Colorado law enforcement agency personnel for purposes of:

• Page 24, Line 9(I)  Receiving and responding to questions about search warrants;

• Page 24, Line 10(II)  Acknowledging receipt of a search warrant; and

• Page 24, Line 11(III)  Providing status updates on search warrant compliance to a requesting Colorado law enforcement agency;

• Page 24, Line 12(b)  Includes a method to provide regular status updates

• Page 24, Line 13to a requesting Colorado law enforcement agency in response

• Page 24, Line 14to a question pertaining to a search warrant, an

• Page 24, Line 15acknowledgment of receipt of a search warrant, or the status of fulfilling the request of a search warrant; and

• Page 24, Line 16(c)  Provides continuous availability of the process to Colorado law enforcement agencies.

• Page 24, Line 17(2)  Except as provided in subsection (3) of this section or

• Page 24, Line 18any other law, including section 32 of article II of the state

• Page 24, Line 19constitution; the "Colorado Privacy Act", part 13 of this article

• Page 24, Line 201; section 16-3-301 (4); and the "Reproductive Health Equity

• Page 25, Line 1Act", part 4 of article 6 of title 25, a social media company shall

• Page 25, Line 2comply with a search warrant within seventy-two hours after receiving the search warrant if all of the following apply:

• Page 25, Line 3(a)  The search warrant is provided to the social media company by a Colorado law enforcement agency;

• Page 25, Line 4(b)  The subject of the search warrant is information

• Page 25, Line 5associated with an account on a social media platform operated by the social media company; and

• Page 25, Line 6(c)  The information is controlled by a user of the social media platform.

• Page 25, Line 7(3)  A court may reasonably extend the time required to

• Page 25, Line 8comply with a search warrant pursuant to subsection (2) of this

• Page 25, Line 9section if the court makes a written finding that the social

• Page 25, Line 10media company has shown good cause for the extension and that

• Page 25, Line 11an extension would not cause an adverse result, as defined in 18 U.S.C. sec. 2705 (a)(2).

• Page 25, Line 12(4)  This section does not apply to a social media platform with fewer than one million discrete monthly users.

• Page 25, Line 136-1-1609.  Violations - unfair or deceptive trade practice.A

• Page 25, Line 14person that knowingly or recklessly violates this part 16 or

• Page 25, Line 15aids or abets a violation of this part 16 commits a deceptive trade practice, as described in section 6-1-105 (1)(iiii).

• Page 25, Line 166-1-1610.  Duties and obligations not exclusive - remedies not

• Page 25, Line 17exclusive. (1)  The duties and obligations imposed by this part 16

• Page 25, Line 18are in addition to any other duties or obligations imposed under

• Page 25, Line 19local, state, or federal law, and this part 16 does not relieve

• Page 25, Line 20any party from any duties or obligations imposed under law.

• Page 26, Line 1(2)  The remedies or penalties provided by this part 16 are

• Page 26, Line 2in addition to any other remedies or penalties available under local, state, or federal law.

• Page 26, Line 36-1-1611.  Severability.If any provision of this part 16 or the

• Page 26, Line 4application of this part 16 to any person or circumstance is held

• Page 26, Line 5invalid, such invalidity does not affect other provisions or

• Page 26, Line 6applications of this part 16 that can be given effect without the

• Page 26, Line 7invalid provision or application, and to this end the provisions of this part 16 are declared to be severable.

• Page 26, Line 86-1-1612.  Rules.The attorney general may adopt rules for the purpose of carrying out this part 16.

• Page 26, Line 9SECTION 3.  In Colorado Revised Statutes, 6-1-105, add (1)(iiii) as follows:

• Page 26, Line 106-1-105.  Unfair or deceptive trade practices - definitions.

• Page 26, Line 11(1)  A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

• Page 26, Line 12(iiii)  Knowingly or recklessly violates or aids or abets the commission of a violation of part 16 of this article 1.

• Page 26, Line 13SECTION 4.  Act subject to petition - effective date. This act

• Page 26, Line 14takes effect at 12:01 a.m. on the day following the expiration of the

• Page 26, Line 15ninety-day period after final adjournment of the general assembly; except

• Page 26, Line 16that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 26, Line 17of the state constitution against this act or an item, section, or part of this

• Page 26, Line 18act within such period, then the act, item, section, or part will not take

• Page 26, Line 19effect unless approved by the people at the general election to be held in

• Page 26, Line 20November 2026 and, in such case, will take effect on the date of the

• Page 26, Line 21official declaration of the vote thereon by the governor.