A Bill for an Act
Page 1, Line 101Concerning search warrant requirements for operators of
Page 1, Line 102certain electronic platforms.
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 requires operators of certain websites, online services, online applications, or mobile applications (covered platforms) to ensure that each covered platform provides a streamlined process to allow Colorado law enforcement agencies to contact the covered platform at all times. The process must, at a minimum, make available a staffed hotline for Colorado law enforcement agencies for the purposes of:
- Receiving and responding to questions about search warrants;
- Acknowledging the receipt of a search warrant within 8 hours after receipt; and
- Providing status updates on search warrant compliance to a requesting Colorado law enforcement agency.
An operator must comply with a search warrant within 72 hours after receiving the search warrant if certain conditions apply. A court may reasonably extend this time if the court makes a written finding that the operator or covered platform has shown good cause for the extension and that an extension would not cause an adverse result.
The attorney general or a district attorney with jurisdiction may enforce the bill.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 16-3-313 as
Page 2, Line 3follows:
Page 2, Line 416-3-313. Search warrants provided to covered platforms -
Page 2, Line 5process required - enforcement - definitions.
Page 2, Line 6(1) As used in this section, unless the context otherwise
Page 2, Line 7requires:
Page 2, Line 8(a) "Covered platform" means a public or semipublic
Page 2, Line 9website, online service, online application, or mobile application
Page 2, Line 10that:
Page 2, Line 11(I) Has at least one million discrete monthly users;
Page 2, Line 12(II) Allows a user to construct a public or semipublic
Page 2, Line 13profile for the purpose of using the website, service, or
Page 2, Line 14application; and
Page 2, Line 15(III) Allows a user to create or post content that is
Page 2, Line 16viewable by other users, including on message boards, in chat
Page 2, Line 17rooms, and through landing pages or main feeds that present a
Page 2, Line 18user with content generated by other users or by artificial
Page 3, Line 1intelligence.
Page 3, Line 2(b) "Operator" means a person, business, or other legal
Page 3, Line 3entity that operates or provides a covered platform.
Page 3, Line 4(c) "Search warrant" includes a court order for the
Page 3, Line 5production of records, as described in section 16-3-301.1.
Page 3, Line 6(d) "User" means a user of a covered platform who resides
Page 3, Line 7in Colorado and is not acting as an operator, or an agent or
Page 3, Line 8affiliate of an operator, of the platform or any portion of the
Page 3, Line 9platform.
Page 3, Line 10(2) An operator shall ensure that each of its covered
Page 3, Line 11platforms provides a streamlined process to allow Colorado
Page 3, Line 12law enforcement agencies to contact the covered platform. The
Page 3, Line 13process must, at a minimum:
Page 3, Line 14(a) Be available to Colorado law enforcement agencies
Page 3, Line 15at all times; and
Page 3, Line 16(b) Make available at all times a staffed hotline for
Page 3, Line 17Colorado law enforcement agencies for the purposes of:
Page 3, Line 18(I) Receiving and responding to questions about search
Page 3, Line 19warrants;
Page 3, Line 20(II) Acknowledging the receipt of a search warrant within
Page 3, Line 21eight hours after receipt; and
Page 3, Line 22(III) Providing status updates on search warrant
Page 3, Line 23compliance to a requesting Colorado law enforcement agency.
Page 3, Line 24(3) An operator shall prominently post contact
Page 3, Line 25information on the home page of each of its covered platforms
Page 3, Line 26to allow a Colorado law enforcement agency to contact the
Page 3, Line 27operator and initiate the process described in subsection (2) of
Page 4, Line 1this section.
Page 4, Line 2(4) Except as provided in subsection (5) of this section, or
Page 4, Line 3any other law, including section 32 of article II of the state
Page 4, Line 4constitution; the "Colorado Privacy Act", part 13 of article 1 of
Page 4, Line 5title 6; section 16-3-301 (4); and the "Reproductive Health Equity
Page 4, Line 6Act", part 4 of article 6 of title 25, an operator shall comply
Page 4, Line 7with a search warrant within seventy-two hours after receiving
Page 4, Line 8the search warrant if all of the following apply:
Page 4, Line 9(a) The search warrant is provided to the operator or the
Page 4, Line 10operator's covered platform by a Colorado law enforcement
Page 4, Line 11agency;
Page 4, Line 12(b) The subject of the search warrant is information
Page 4, Line 13associated with a user's account on a covered platform
Page 4, Line 14operated by the operator; and
Page 4, Line 15(c) The information is controlled by a user or operator of
Page 4, Line 16the covered platform.
Page 4, Line 17(5) A court may reasonably extend the time required to
Page 4, Line 18comply with a search warrant provided pursuant to subsection
Page 4, Line 19(4) of this section if the court makes a written finding that the
Page 4, Line 20operator or covered platform has shown good cause for the
Page 4, Line 21extension and that an extension would not cause an adverse
Page 4, Line 22result, as defined in 18 U.S.C. sec. 2705 (a)(2).
Page 4, Line 23(6) On or after the effective date of this section, if it
Page 4, Line 24appears to the attorney general or to a district attorney with
Page 4, Line 25jurisdiction, upon complaint or otherwise, that a person within
Page 4, Line 26or outside the state has violated this section, in addition to
Page 4, Line 27seeking any other relief available under this part 3, the
Page 5, Line 1attorney general or district attorney may bring an action or
Page 5, Line 2proceeding to:
Page 5, Line 3(a) Enjoin the violation;
Page 5, Line 4(b) Obtain restitution of any money or property obtained
Page 5, Line 5directly or indirectly as a result of the violation;
Page 5, Line 6(c) Obtain disgorgement of any profits or gains obtained
Page 5, Line 7directly or indirectly as a result of the violation;
Page 5, Line 8(d) Obtain damages caused directly or indirectly by the
Page 5, Line 9violation;
Page 5, Line 10(e) Obtain civil penalties of up to five thousand dollars
Page 5, Line 11per violation; and
Page 5, Line 12(f) Obtain such other relief as the court may deem proper,
Page 5, Line 13including preliminary relief.
Page 5, Line 14SECTION 2. Act subject to petition - effective date -
Page 5, Line 15applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 5, Line 16the expiration of the ninety-day period after final adjournment of the
Page 5, Line 17general assembly (August 12, 2026, if adjournment sine die is on May 13,
Page 5, Line 182026); except that, if a referendum petition is filed pursuant to section 1
Page 5, Line 19(3) of article V of the state constitution against this act or an item, section,
Page 5, Line 20or part of this act within such period, then the act, item, section, or part
Page 5, Line 21will not take effect unless approved by the people at the general election
Page 5, Line 22to be held in November 2026 and, in such case, will take effect on the
Page 5, Line 23date of the official declaration of the vote thereon by the governor.
Page 5, Line 24(2) This act applies to search warrants provided on or after the
Page 5, Line 25applicable effective date of this act.