Senate Bill 25-086 Rerevised

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-five years of age;

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

• Page 4, Line 6(f)  At least thirty-five 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 state or

• Page 4, Line 11local agency in Colorado that employs peace officers, as described in sections 16-2.5-501 and 24-31-901.

• Page 4, Line 12(4) (a)  "Content" means any statements, comments, media,

• Page 4, Line 13or information that is created, posted, shared, or otherwise interacted with by users on a social media platform.

• Page 4, Line 14(b)  "Content" does not include media placed on an

• Page 4, Line 15internet-based service or application exclusively for the

• Page 4, Line 16purpose of cloud storage, transmitting files, or file collaboration.

• Page 4, Line 17(5)  "Educational entity" means a public school, a charter

• Page 5, Line 1school, an institute charter school, a board of cooperative

• Page 5, Line 2services, the Colorado school for the deaf and the blind, a

• Page 5, Line 3private school, a denominational school, a parochial school, a

• Page 5, Line 4community college, a state college, a state university, a

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

• Page 5, Line 6education and training program approved by the director of the

• Page 5, Line 7division of professions and occupations in the department of regulatory agencies.

• Page 5, Line 8(6)  "Firearm" means:

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

• Page 5, Line 9(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 10(c)  A machine gun conversion device, as defined in section 18-12-101 (1)(g.2).

• Page 5, Line 11(7) (a)  "Illicit substance" means:

• Page 5, Line 12(I)  A controlled substance, as defined in section 18-18-102 (5);

• Page 5, Line 13(II)  Any hemp product, as defined in section 25-5-427 (2)(d),

• Page 5, Line 14that is not a tincture or cosmetic and has more than one and

• Page 5, Line 15one-fourth milligrams of THC, as defined in section 44-10-209

• Page 5, Line 16(2)(d), per serving or has a ratio of cannabidiol to THC of less than twenty to one; and

• Page 5, Line 17(III)  Any product that contains hemp that is intended for

• Page 5, Line 18human consumption and is not a cosmetic, a dietary supplement, a food, a food additive, or an herb.

• Page 5, Line 19(b)  Notwithstanding subsection (7)(a) of this section,

• Page 5, Line 20"illicit substance" does not include:

• Page 6, Line 1(I)  A product that may be produced and sold in Colorado

• Page 6, Line 2pursuant 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 3(II)  A product that may be produced for personal use or

• Page 6, Line 4produced and administered for natural medicine services

• Page 6, Line 5pursuant to and in compliance with article 170 of title 12,

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

• Page 6, Line 7(8)  "Minor" means an individual under eighteen years of age.

• Page 6, Line 8(9)  "Minor safety tool" means a feature, setting, tool, or

• Page 6, Line 9similar option that allows a minor user or their parent to

• Page 6, Line 10protect the privacy, security, or health of the minor user on a

• Page 6, Line 11social media platform, including a feature, setting, tool, or similar option that allows an individual to:

• Page 6, Line 12(a)  Make an account private;

• Page 6, Line 13(b)  Control the sending or receipt of direct messages or comments;

• Page 6, Line 14(c)  Block or report suspicious accounts;

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

• Page 6, Line 15(e)  Disable or alter algorithmic suggestions of content.

• Page 6, Line 16(10)  "Parent" means a parent or a legal guardian of a minor.

• Page 6, Line 17(11) (a)  "Published policies" means policies adopted and

• Page 6, Line 18published by a social media company pursuant to section 6-1-1603

• Page 6, Line 19that specify, at least, the user behaviors and activities that are

• Page 6, Line 20permitted on a social media platform owned or operated by the

• Page 7, Line 1social media company and the user behaviors and activities that may subject a user or an item of content to being actioned.

• Page 7, Line 2(b)  "Published policies" includes terms of service and community guidelines.

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

• Page 7, Line 4(13)  "Sex trafficking of a minor" means selling, recruiting,

• Page 7, Line 5harboring, transporting, transferring, isolating, enticing,

• Page 7, Line 6providing, receiving, obtaining by any means, maintaining, or

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

• Page 7, Line 8(14)  "Sexually exploitative material" has the meaning set forth in section 18-6-403 (2)(j).

• Page 7, Line 9(15)  "Social media company" means a person that owns or operates one or more social media platforms.

• Page 7, Line 10(16) (a)  "Social media platform" means an internet-based

• Page 7, Line 11service or application that has users in Colorado and meets both of the following criteria:

• Page 7, Line 12(I)  A substantial function of the service or application is

• Page 7, Line 13to allow users to interact socially with each other within the service or application; and

• Page 7, Line 14(II)  The service or application allows a user to:

• Page 7, Line 15(A)  Become a registered user, establish an account,

• Page 7, Line 16construct a public or semipublic profile for purposes of signing

• Page 7, Line 17into and using the service or application, or populate a list of

• Page 7, Line 18other users or accounts with whom an individual shares a social

• Page 7, Line 19connection within the service or application; and

• Page 8, Line 1(B)  Create or post content that is viewable by other users.

• Page 8, Line 2(b)  "Social media platform" does not include an

• Page 8, Line 3internet-based service or application if the predominant or exclusive function of the service or application is:

• Page 8, Line 4(I)  Providing internet access or broadband service;

• (II)  Providing electronic mail;

• Page 8, Line 5(III)  Providing direct messaging whereby messages are

• Page 8, Line 6sent between devices by electronic means, are shared between

• Page 8, Line 7a sender and a recipient, are visible only to the sender and the

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

• Page 8, Line 9(IV)  Facilitating communication within a business or an

• Page 8, Line 10enterprise among employees or affiliates of the business or

• Page 8, Line 11enterprise, so long as access to the service or application is

• Page 8, Line 12restricted to employees or affiliates of the business or enterprise;

• Page 8, Line 13(V)  Selling enterprise software to businesses, governments, or nonprofit organizations;

• Page 8, Line 14(VI)  Providing cloud-based electronic storage, including

• Page 8, Line 15cloud-based storage that allows collaborative editing by invited users;

• Page 8, Line 16(VII)  Facilitating teleconferencing and video

• Page 8, Line 17conferencing features that are limited to certain participants

• Page 8, Line 18in the teleconference or video conference and are not posted publicly or for broad distribution to other users;

• Page 8, Line 19(VIII)  Facilitating crowdsourced content for reference

• Page 9, Line 1guides, such as encyclopedias, educational materials, and dictionaries;

• Page 9, Line 2(IX)  Facilitating online shopping or e-commerce if the

• Page 9, Line 3related interactions between users or account holders are limited to:

• Page 9, Line 4(A)  The ability to post and view comments as part of ratings and reviews of products;

• Page 9, Line 5(B)  The ability to display lists or collections of goods for sale or wish lists; and

• Page 9, Line 6(C)  Other functions that are focused on online shopping

• Page 9, Line 7or e-commerce rather than other interactions between users or account holders;

• Page 9, Line 8(X)  Providing a streaming service that:

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

• Page 9, Line 10in a continuous flow from the service, website, or application to the end user; and

• Page 9, Line 11(B)  Does not require a user or account holder to obtain

• Page 9, Line 12a license to the media by agreement to the service's or application's terms of service;

• Page 9, Line 13(XI)  Providing news, sports, entertainment, or other

• Page 9, Line 14content that is preselected by the provider and not user-generated;

• Page 9, Line 15(XII)  Providing an online service, website, or application

• Page 9, Line 16that is used by or under the direction of an educational entity,

• Page 9, Line 17including a learning management system, a student engagement

• Page 9, Line 18program, or a subject- or skill-specific program, where the

• Page 9, Line 19content is predominantly created or posted by the provider of

• Page 10, Line 1the online service, website, or application and the ability to

• Page 10, Line 2chat, comment, or interact with other users is directly related to the provider's content;

• Page 10, Line 3(XIII)  Providing or obtaining technical support for a software platform, product, or service;

• Page 10, Line 4(XIV)  Providing career development opportunities,

• Page 10, Line 5including professional networking, job skills, learning certifications, and job posting and application services;

• Page 10, Line 6(XV)  Facilitating academic or scholarly research; or

• Page 10, Line 7(XVI)  Reporting or disseminating news information for a mass medium, as defined in section 13-90-119 (1)(a).

• Page 10, Line 8(c)  "Social media platform" does not include an internet-based service or application if:

• Page 10, Line 9(I)  The content that is posted or created is predominantly

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

• Page 10, Line 11(II)  The ability to chat, comment, or interact with other users is directly related to the provider's content.

• Page 10, Line 12(17)  "Subject use" means the use of a social media platform for:

• Page 10, Line 13(a)  The sale or advertisement of an illicit substance;

• Page 10, Line 14(b)  The sale of a firearm in violation of state or federal law;

• Page 10, Line 15(c)  Sex trafficking of a minor; or

• Page 10, Line 16(d)  The possession, display, exchange, distribution, sale, or

• Page 10, Line 17creation of, or the inducement to create, sexually exploitative

• Page 10, Line 18material.

• Page 11, Line 16-1-1602. [Formerly 6-1-1601] Social media platform - minor

• Page 11, Line 2users - standards. (1)  On or after January 1, 2026, a social media platform must establish include a function that either:

• Page 11, Line 3(a)  Meets the criteria in subsection (2) of this section and be is

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

• Page 11, Line 5(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 6(I)  Has spent one cumulative hour on the social media platform during a twenty-four-hour period; or

• Page 11, Line 7(II)  Is on a social media platform between the hours of 10 p.m. and 6 a.m.

• Page 11, Line 8(2)  The function established pursuant to subsection (1) of this

• Page 11, Line 9section must provide users who are under the age of eighteen years of

• Page 11, Line 10age with information about their engagement in social media that helps

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

• Page 11, Line 12and the mental and physical health of youth minor users. The information

• Page 11, Line 13must be supported by data from peer-reviewed scholarly articles or the

• Page 11, Line 14sources included in the mental health and technology resource bank established in section 22-2-127.8 (1).

• Page 11, Line 15(3)  If the social media platform establishes the function described

• Page 11, Line 16in subsection (1)(b) of this section, the function must repeat at least every thirty minutes after the initial notification.

• Page 11, Line 17(4) (a)  As used in this section, "social media platform" means an internet-based service, website, or application that:

• Page 11, Line 18(I)  Has more than one hundred thousand active users in Colorado;

• Page 11, Line 19(II)  Permits a person to become a registered user, establish an

• Page 12, Line 1account, or create a public or semipublic profile for the purpose of

• Page 12, Line 2allowing users to create, share, and view user-generated content through the account or profile;

• Page 12, Line 3(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 4(IV)  Includes a substantial function to allow users to interact

• Page 12, Line 5socially with each other within the service or application. A service or

• Page 12, Line 6application that provides electronic mail or direct messaging services

• Page 12, Line 7does not meet the criterion described in this subsection (4) on the basis of that function alone.

• Page 12, Line 8(b)  "Social media platform" does not include an internet-based service or application in which the predominant or exclusive function is:

• Page 12, Line 9(I)  Providing electronic mail;

• Page 12, Line 10(II)  Facilitating commercial transactions, if the interaction with other users or account holders is generally limited to:

• Page 12, Line 11(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 12(B)  The primary function of the platform is focused on online

• Page 12, Line 13shopping or e-commerce rather than interactions between users or account holders;

• Page 12, Line 14(III)  Facilitating teleconferencing and video conferencing features

• Page 12, Line 15that are limited to certain participants in the teleconference or video

• Page 12, Line 16conference and are not posted publicly or for broad distribution to other users;

• Page 12, Line 17(IV)  Facilitating crowd-sourced content for reference guides such as encyclopedias and dictionaries;

• Page 12, Line 18(V)  Providing cloud-based electronic services, including cloud-based services that allow collaborative editing by invited users;

• Page 13, Line 1(VI)  Consisting primarily of news, sports, entertainment, or other

• Page 13, Line 2content that is preselected by the provider and not user generated and any

• Page 13, Line 3chat, comment, or interactive functionality that is provided incidental to, directly related to, or dependent upon provision of the content;

• Page 13, Line 4(VII)  Interactive gaming, virtual gaming, or an online service that

• Page 13, Line 5allows the creation and uploading of content for the purpose of interactive or virtual gaming;

• Page 13, Line 6(VIII)  Providing information concerning businesses, products, or

• Page 13, Line 7travel information, including user reviews or rankings of businesses or products;

• Page 13, Line 8(IX)  Facilitating communication within a business or an enterprise

• Page 13, Line 9among employees or affiliates of the business or enterprise, so long as

• Page 13, Line 10access to the service or application is restricted to employees or affiliates of the business or enterprise;

• Page 13, Line 11(X)  Selling enterprise software to businesses, governments, or nonprofit organizations;

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

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

• Page 13, Line 14end user and does not require a user or account holder to obtain a license

• Page 13, Line 15for the media by agreement with a social media platform's terms of service;

• Page 13, Line 16(XII)  Providing an online service, website, or application that is

• Page 13, Line 17used by or under the direction of an educational entity, including a

• Page 13, Line 18learning management system, a student engagement program, or a

• Page 13, Line 19subject- or skill-specific program, for which the majority of the content

• Page 13, Line 20is created or posted by the provider of the online service, website, or

• Page 14, Line 1application and the ability to chat, comment, or interact with other users is directly related to the provider's content;

• Page 14, Line 2(XIII)  Providing or obtaining technical support for a platform, product, or service;

• Page 14, Line 3(XIV)  Providing career development opportunities, including

• Page 14, Line 4professional networking, job skills, learning certifications, and job posting and application services;

• Page 14, Line 5(XV)  Focused on facilitating academic or scholarly research; or

• Page 14, Line 6(XVI)  Reporting or disseminating news information for a mass medium, as defined in section 13-90-119.

• Page 14, Line 7(5)  (4)  The chief information officer in the office of information

• Page 14, Line 8technology, in consultation with the director of the center for health and

• Page 14, Line 9environmental data division of the Colorado department of public health

• Page 14, Line 10and environment and the temporary stakeholder group established in

• Page 14, Line 11section 22-2-127.8, shall establish standards for a user tool or function

• Page 14, Line 12that meets the requirements of subsection (1) of this section for a social media platform. The standards must:

• Page 14, Line 13(a)  Recommend intervals for notification frequency that are similar to those in subsection (3) of this section;

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

• Page 14, Line 15(c)  Be informed by data and research on the efficacy of notifications; and

• Page 14, Line 16(d)  Recommend the age range of users who would most benefit from notifications.

• Page 14, Line 17(5)  Notwithstanding section 6-1-1601 (16), as used in this

• Page 14, Line 18section, "social media platform" does not include an

• Page 14, Line 19internet-based service or application if the predominant or

• Page 15, Line 1exclusive function of the service or application is interactive

• Page 15, Line 2gaming, virtual gaming, or allowing for the creation and

• Page 15, Line 3uploading of content for the purpose of interactive or virtual gaming.

• Page 15, Line 46-1-1603.  Social media companies - published policies -

• Page 15, Line 5required disclosures. (1)  On or before July 1, 2026, a social media

• Page 15, Line 6company shall post published policies for each social media

• Page 15, Line 7platform owned or operated by the social media company. The

• Page 15, Line 8published policies must be posted in a clear and conspicuous

• Page 15, Line 9manner reasonably designed to inform all users of the social

• Page 15, Line 10media platform of the existence and contents of the published

• Page 15, Line 11policies. After the initial posting of the published policies, a

• Page 15, Line 12social media company shall post any material updates to the

• Page 15, Line 13published policies within fourteen days after the implementation of the updated published policies.

• Page 15, Line 14(2)  The published policies posted pursuant to subsection (1) of this section must include:

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

• Page 15, Line 16that allows a user to ask the social media company questions about, or report violations of, the published policies;

• Page 15, Line 17(b)  A description of the process that a user must follow to

• Page 15, Line 18flag content, activity, groups, or other users that the user believes violate the published policies;

• Page 15, Line 19(c)  A description of the social media company's process to

• Page 15, Line 20respond to and resolve user questions, reports, and flags as

• Page 15, Line 21described in subsections (2)(e) and (2)(f) of this section. If

• Page 15, Line 22applicable, this description must include information about the

• Page 16, Line 1process by which the social media company informs a reporting

• Page 16, Line 2user of the action taken in response to the user's question, report, or flag.

• Page 16, Line 3(d)  A description of the social media platform's

• Page 16, Line 4restrictions on the use of the social media platform as to subject uses;

• Page 16, Line 5(e)  A description of the social media company's process for

• Page 16, Line 6enforcing its published policies as to subject uses and the

• Page 16, Line 7potential consequences of violating the published policies as to subject uses, which description includes:

• Page 16, Line 8(I)  Actions the social media company may take against an

• Page 16, Line 9item of content, a group, or a user, including actions described in section 6-1-1607; and

• Page 16, Line 10(II)  Details concerning:

• Page 16, Line 11(A)  What actions the social media company may take in

• Page 16, Line 12response to activity that violates a published policy on subject

• Page 16, Line 13uses, including whether and how those actions may vary when multiple violations of a published policy or policies occur; and

• Page 16, Line 14(B)  How many violations of a published policy concerning a subject use are required to result in a specific action;

• Page 16, Line 15(f)  A description of when violations of published policies

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

• Page 16, Line 17potential prosecution, including a description of when and how

• Page 16, Line 18subject uses will be reported to law enforcement and in what format this information will be provided; and

• Page 16, Line 19(g)  A list of the languages in which the published policies

• Page 16, Line 20are available.

• Page 17, Line 16-1-1604.  Social media companies - published policies and

• Page 17, Line 2violations report required. (1)  On an annual basis in accordance

• Page 17, Line 3with section 6-1-1606, a social media company shall submit to the

• Page 17, Line 4department of law, in a machine-readable and open format, a

• Page 17, Line 5report that includes, for each social media platform owned or operated by the social media company:

• Page 17, Line 6(a)  The current version of the published policies of the social media platform;

• Page 17, Line 7(b)  If a social media company has filed its first report, a

• Page 17, Line 8complete and detailed description of any changes to the published policies since the previous report;

• Page 17, Line 9(c)  A statement of whether the current version of the

• Page 17, Line 10published policies contains definitions and provisions relating to subject uses;

• Page 17, Line 11(d)  For the preceding calendar year, data pertaining to

• Page 17, Line 12each category of subject uses from users based in the United States as to:

• Page 17, Line 13(I)  The total number of instances in which the social media

• Page 17, Line 14company was alerted to illegal content, illegal activity, or

• Page 17, Line 15potentially published-policy-violating content or activity, disaggregated by:

• Page 17, Line 16(A)  The form of the alert, including by user complaint or

• Page 17, Line 17detection by the social media company or social media platform; and

• Page 17, Line 18(B)  The percentage of such content or activity that was ultimately actioned;

• Page 17, Line 19(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 6(V)  The distribution of views of actioned items of content by age category and by subject use;

• Page 18, Line 8(VI)  The number of instances in which a user appealed a

• Page 18, Line 9decision to remove the user's actioned content or remove or

• Page 18, Line 10suspend the user's account and the percentage of appeals that resulted in the restoration of content or an account;

• Page 18, Line 11(VII)  The number of users referred to law enforcement, disaggregated by age category; and

• Page 18, Line 12(VIII)  The number of requests from Colorado law

• Page 18, Line 13enforcement agencies for user data, disaggregated by the response time for each request; and

• Page 18, Line 14(e)  A general description of the social media platform's

• Page 18, Line 15published policies regarding the age of users and how the social

• Page 18, Line 16media platform verifies users' ages, how the social media

• Page 18, Line 17company that operates the social media platform responds to

• Page 18, Line 18user reports of potential violations, and what action is taken

• Page 19, Line 1when a user is found to have violated the social media platform's published policies regarding age, including:

• Page 19, Line 2(I)  The total number of users the social media platform

• Page 19, Line 3identified, either through users, employees, or automated means,

• Page 19, Line 4who did not provide their true ages to the social media platform

• Page 19, Line 5or who otherwise violated the social media platform's published policies regarding age; and

• Page 19, Line 6(II)  The social media company's response to users identified

• Page 19, Line 7as having not provided their true ages or otherwise violating

• Page 19, Line 8the social media platform's published policies regarding age,

• Page 19, Line 9including the total number of user accounts that were actioned

• Page 19, Line 10by the social media company and a breakdown by percentages of the actions taken.

• Page 19, Line 11(2)  On an annual basis in accordance with section

• Page 19, Line 126-1-1606, a social media company shall submit to the department

• Page 19, Line 13of law, in a machine-readable and open format, a report that

• Page 19, Line 14includes, for each social media platform owned or operated by the social media company:

• Page 19, Line 15(a)  The total number of Colorado-based users or account holders on the social media platform; and

• Page 19, Line 16(b)  Whether a Colorado-based user's account or violative

• Page 19, Line 17content was shared with law enforcement and, if so, which subject use or subject uses were involved.

• Page 19, Line 18(3)  In satisfying the reporting requirements described in

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

• Page 19, Line 20shall certify that all reasonable efforts have been made to

• Page 19, Line 21provide complete, true, and accurate information in fulfillment of the requirements of this section.

• Page 20, Line 16-1-1605.  Social media companies - minor usage report

• Page 20, Line 2required. (1)  On an annual basis in accordance with section

• Page 20, Line 36-1-1606, a social media company shall make publicly available,

• Page 20, Line 4in a machine-readable and open format and in a location that is

• Page 20, Line 5easily accessible, a report that includes, for each social media

• Page 20, Line 6platform owned or operated by the social media company, the

• Page 20, Line 7following data concerning how minors in the United States used

• Page 20, Line 8the social media platform during the preceding year,

• Page 20, Line 9disaggregated by age category and gender both for all users in the United States and for all users in Colorado:

• Page 20, Line 10(a)  The total number of minor users who used the social media platform;

• Page 20, Line 11(b)  The distribution of minor users who spend at least one

• Page 20, Line 12hour per day on the social media platform, reported in one-hour increments, from one hour through twenty-four hours;

• Page 20, Line 13(c)  The distribution of minor users who spend more than

• Page 20, Line 14thirty 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 16(d)  On average, how many notifications were sent with

• Page 20, Line 17respect to the tenth, twenty-fifth, fiftieth, seventy-fifth,

• Page 20, Line 18ninetieth, ninety-ninth, and ninety-nine and nine-tenths

• Page 20, Line 19percentiles of minor users during each hour between the hours of 8 a.m. and 3 p.m.;

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

• Page 20, Line 21respect to the tenth, twenty-fifth, fiftieth, seventy-fifth,

• Page 21, Line 1ninetieth, ninety-ninth, and ninety-nine and nine-tenths

• Page 21, Line 2percentiles of minor users during each hour between the hours of 10 p.m. and 6 a.m.;

• Page 21, Line 3(f)  The one hundred pieces of public content most

• Page 21, Line 4frequently viewed by minor users each month, including hyperlinks to each piece of content;

• Page 21, Line 5(g)  The total number of minor users who have viewed,

• Page 21, Line 6commented on, shared, or otherwise interacted with actioned

• Page 21, Line 7content that was found to violate the social media platform's

• Page 21, Line 8published policies, disaggregated by published policy violation type and by subject use;

• Page 21, Line 9(h)  A list of minor safety tools made available by the

• Page 21, Line 10social media platform, noting which tools are enabled by

• Page 21, Line 11default and the total number and percentage of minor users who have each tool enabled; and

• Page 21, Line 12(i)  If the social media platform makes available the

• Page 21, Line 13ability to link a parent or family account, the percentage of

• Page 21, Line 14minor users who have linked their account to such a parent or family account.

• Page 21, Line 15(2)  In satisfying the reporting requirement described in

• Page 21, Line 16subsection (1) of this section, a social media company shall

• Page 21, Line 17certify that all reasonable efforts have been made to provide

• Page 21, Line 18complete, true, and accurate information in fulfillment of the requirements of this section.

• Page 21, Line 196-1-1606.  Timing of reports - public disclosures -

• Page 21, Line 20commercially reasonable efforts. (1)  The first submission of

• Page 21, Line 21reports by a social media company made pursuant to section

• Page 22, Line 16-1-1604 (1) and (2) and the first public disclosure of reports by

• Page 22, Line 2a social media company made pursuant to section 6-1-1605 (1)

• Page 22, Line 3shall occur no later than one hundred eighty days after the

• Page 22, Line 4effective date of this part 16, as amended. Thereafter, reports shall be submitted no later than February 1 of each year.

• Page 22, Line 5(2)  Each report submitted pursuant to section 6-1-1604 (1)

• Page 22, Line 6and (2) may be made available to the public at the attorney general's discretion.

• Page 22, Line 7(3)  In satisfying the reporting requirements described in

• Page 22, Line 8sections 6-1-1604 and 6-1-1605, a social media company shall

• Page 22, Line 9make commercially reasonable efforts to identify the age

• Page 22, Line 10categories of users. For the purposes of this subsection (3), the

• Page 22, Line 11use of current technology for age estimation, age assurance,

• Page 22, Line 12advertising targeting, or platform measurement is considered a commercially reasonable effort.

• Page 22, Line 136-1-1607.  Social media companies and social media platforms

• Page 22, Line 14- removal of users for prohibited activity. (1)  Except as described

• Page 22, Line 15in subsection (3) of this section, upon the detection by a social

• Page 22, Line 16media platform or social media company, or upon the

• Page 22, Line 17notification to a social media platform or social media company

• Page 22, Line 18by a user, a parent of a minor user, a visitor, or a Colorado law

• Page 22, Line 19enforcement agent, that a user of a social media platform

• Page 22, Line 20engages in one or more subject uses, the social media company that operates the social media platform shall:

• Page 22, Line 21(a)  In the case of a notification, determine within forty-eight hours whether it is a false report or allegation;

• Page 22, Line 22(b)  For notifications that require further investigation,

• Page 23, Line 1and for all instances of detection by a social media platform or

• Page 23, Line 2social media company, determine within ten days after detection

• Page 23, Line 3or notification whether the user violated the social media

• Page 23, Line 4platform's published policies or state law. During this period, a social media company shall:

• Page 23, Line 5(I)  Suspend the user's account such that the user cannot access or utilize the social media platform; and

• Page 23, Line 6(II)  Use all available methods and technology to prevent

• Page 23, Line 7the user from operating, registering, establishing, or opening an account or profile on the social media platform;

• Page 23, Line 8(c)  If the social media company determines that the user

• Page 23, Line 9violated the social media platform's published policies or state

• Page 23, Line 10law, terminate the user's account on the social media platform

• Page 23, Line 11within twenty-four hours after the determination is made and

• Page 23, Line 12use all available methods and technology to prevent the user

• Page 23, Line 13from operating, registering, establishing, or opening an account or profile on the social media platform; and

• Page 23, Line 14(d)  If the social media company determines that the user

• Page 23, Line 15did not violate the social media platform's published policies or

• Page 23, Line 16state law, restore the user's access to the social media platform after such determination is made.

• 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)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

• Page 23, Line 21requests an appeal.

• Page 24, Line 1(3)  A social media platform may allow a user to sell or

• Page 24, Line 2advertise medical marijuana or retail marijuana to users who

• Page 24, Line 3are at least twenty-one years of age so long as the sale or

• Page 24, Line 4advertising complies with any rules adopted pursuant to section 44-10-203 (3)(a).

• Page 24, Line 56-1-1608.  Social media contact process - search warrants -

• Page 24, Line 6deadline for compliance - extension of deadline - applicability. (1)  A

• Page 24, Line 7social media company shall ensure that each of its social media

• Page 24, Line 8platforms provides a streamlined process to allow Colorado

• Page 24, Line 9law enforcement agencies to contact the social media company, which process does at least the following:

• Page 24, Line 10(a)  Makes available a staffed hotline for Colorado law enforcement agency personnel for purposes of:

• Page 24, Line 11(I)  Receiving and responding to questions about search warrants;

• Page 24, Line 12(II)  Acknowledging receipt of a search warrant; and

• Page 24, Line 13(III)  Providing status updates on search warrant compliance to a requesting Colorado law enforcement agency;

• Page 24, Line 14(b)  Includes a method to provide regular status updates

• Page 24, Line 15to a requesting Colorado law enforcement agency in response

• Page 24, Line 16to a question pertaining to a search warrant, an

• Page 24, Line 17acknowledgment of receipt of a search warrant, or the status of fulfilling the request of a search warrant; and

• Page 24, Line 18(c)  Provides continuous availability of the process to Colorado law enforcement agencies.

• Page 24, Line 19(2)  Except as provided in subsection (3) of this section or

• Page 24, Line 20any other law, including section 32 of article II of the state

• Page 25, Line 1constitution; the "Colorado Privacy Act", part 13 of this article

• Page 25, Line 21; section 16-3-301 (4); and the "Reproductive Health Equity

• Page 25, Line 3Act", part 4 of article 6 of title 25, a social media company shall

• Page 25, Line 4comply with a search warrant within seventy-two hours after receiving the search warrant if all of the following apply:

• Page 25, Line 5(a)  The search warrant is provided to the social media company by a Colorado law enforcement agency;

• Page 25, Line 6(b)  The subject of the search warrant is information

• Page 25, Line 7associated with an account on a social media platform operated by the social media company; and

• Page 25, Line 8(c)  The information is controlled by a user of the social media platform.

• Page 25, Line 9(3)  A court may reasonably extend the time required to

• Page 25, Line 10comply with a search warrant pursuant to subsection (2) of this

• Page 25, Line 11section if the court makes a written finding that the social

• Page 25, Line 12media company has shown good cause for the extension and that

• Page 25, Line 13an extension would not cause an adverse result, as defined in 18 U.S.C. sec. 2705 (a)(2).

• Page 25, Line 14(4)  This section does not apply to a social media platform with fewer than one million discrete monthly users.

• Page 25, Line 156-1-1609.  Violations - unfair or deceptive trade practice.A

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

• Page 25, Line 17commits a deceptive trade practice, as described in section 6-1-105 (1)(iiii).

• Page 25, Line 186-1-1610.  Duties and obligations not exclusive - remedies not

• Page 25, Line 19exclusive. (1)  The duties and obligations imposed by this part 16

• Page 25, Line 20are in addition to any other duties or obligations imposed under

• Page 26, Line 1local, state, or federal law, and this part 16 does not relieve any party from any duties or obligations imposed under law.

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

• Page 26, Line 3in addition to any other remedies or penalties available under local, state, or federal law.

• Page 26, Line 46-1-1611.  Severability.If any provision of this part 16 or the

• Page 26, Line 5application of this part 16 to any person or circumstance is held

• Page 26, Line 6invalid, such invalidity does not affect other provisions or

• Page 26, Line 7applications of this part 16 that can be given effect without the

• Page 26, Line 8invalid provision or application, and to this end the provisions of this part 16 are declared to be severable.

• Page 26, Line 96-1-1612.  Rules.The attorney general may adopt rules for the purpose of carrying out this part 16.

• Page 26, Line 10SECTION 3.  In Colorado Revised Statutes, 6-1-105, add (1)(iiii) as follows:

• Page 26, Line 116-1-105.  Unfair or deceptive trade practices - definitions.

• Page 26, Line 12(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 13(iiii)  Knowingly or recklessly violates part 16 of this article 1.

• Page 26, Line 14SECTION 4.  Act subject to petition - effective date. This act

• Page 26, Line 15takes effect at 12:01 a.m. on the day following the expiration of the

• Page 26, Line 16ninety-day period after final adjournment of the general assembly; except

• Page 26, Line 17that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 26, Line 18of the state constitution against this act or an item, section, or part of this

• Page 26, Line 19act within such period, then the act, item, section, or part will not take

• Page 26, Line 20effect unless approved by the people at the general election to be held in

• Page 27, Line 1November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.