HF 974

as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2019 02:17pm

A bill for an act
relating to consumer protection; requiring the operator of a social media platform
to provide a specific warning when a social media account is accessed; requiring
a specific warning when a mobile device is sold; proposing coding for new law in
Minnesota Statutes, chapter 325E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325E.62] SOCIAL MEDIA; REQUIRED WARNING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Account holder" means a person who accesses a social media account through a
social media platform.
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new text begin (c) "Mobile device" means a cellular phone, wearable device, tablet device, or other
portable electronic device that possesses computing capability or provides Internet access,
text messaging, e-mail, or digital voice service.
new text end

new text begin (d) "Operator" has the meaning given in section 1302 of the Children's Online Privacy
Protection Act of 1998, United States Code, title 15, section 6501.
new text end

new text begin (e) "Personally identifying information" means information that allows the person to be
identified or located, including:
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new text begin (1) the person's first and last name, first initial and last name, first name and last initial,
or nickname;
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new text begin (2) the person's birth date or Social Security number;
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new text begin (3) the person's current or former home, school, or work address;
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new text begin (4) the person's telephone number or e-mail address; or
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new text begin (5) the person's geolocation data.
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new text begin (f) "Social media platform" means an electronic medium, including a browser-based or
application-based interactive computer service, telephone network, or data network, that
allows users to create, share, and view user-created content.
new text end

new text begin (g) "User-created content" means data created by an account holder that is displayed on
the account holder's social media page or stored by the social media platform in the account
holder's account, including personally identifying information, education experience or
institution, volunteer or employment experience, written posts, photographs, video recordings,
or audio recordings.
new text end

new text begin Subd. 2. new text end

new text begin Required warning; social media access. new text end

new text begin (a) An operator of a social media
platform must give the following warning every time an account holder accesses a social
media account through the platform:
new text end

new text begin "SOCIAL MEDIA USE IS ADDICTIVE. EXCESSIVE USE OF MOBILE DEVICES AND
SOCIAL MEDIA PLATFORMS MAY LEAD TO MENTAL HEALTH DISORDERS,
REDUCED PRODUCTIVITY, LACK OF SLEEP, AND SOCIAL ALIENATION."
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new text begin (b) The warning required in paragraph (a) must appear in:
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new text begin (1) letters at least as large at the largest text format on the screen; and
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new text begin (2) a banner or similar section of text that is visually distinct from other text on the
screen, with a clear degree of color contrast between the warning and other matter on the
screen.
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new text begin Subd. 3. new text end

new text begin Required warning; sale of mobile devices. new text end

new text begin A retail dealer in mobile devices
must provide to a purchaser of a mobile device in Minnesota the following warning in
12-point bold font on paper:
new text end

new text begin "SOCIAL MEDIA USE IS ADDICTIVE. EXCESSIVE USE OF MOBILE DEVICES AND
SOCIAL MEDIA PLATFORMS MAY LEAD TO MENTAL HEALTH DISORDERS,
REDUCED PRODUCTIVITY, LACK OF SLEEP, AND SOCIAL ALIENATION."
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin The attorney general must enforce this section under section
8.31.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end