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HF 1861

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/16/2023 01:41pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/16/2023

Current Version - as introduced

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A bill for an act
relating to civil law; prohibiting online content discrimination; authorizing civil
action; proposing coding for new law as Minnesota Statutes, chapter 363B.

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

Section 1.

new text begin [363B.001] ONLINE CONTENT DISCRIMINATION PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Algorithm" means a set of instructions designed to perform a specific task and
implemented by a computer.
new text end

new text begin (c) "Interactive computer service" means any information service, system, or access
software provider that provides or enables computer access by multiple users to a computer
server, including specifically a service or system that provides access to the Internet and
such systems operated or services offered by libraries or educational institutions. Interactive
computer services include social media platforms or websites.
new text end

new text begin (d) "Owner," "operator," and "provider" include any agents or third parties designated
to act on behalf of the owner, operator, or provider.
new text end

new text begin (e) "Political ideology" includes a set of opinions related to politics, economics,
government, social movements, and ethics.
new text end

new text begin (f) "Restrict" includes suspending or canceling a user's account, deleting a user's content,
or limiting or partially limiting access to a user's account or content regardless of whether
the limitation is readily apparent to the user.
new text end

new text begin (g) "Sex" has the meaning given in section 363A.03, subdivision 42.
new text end

new text begin (h) "Religious beliefs" include opinions on religion, faith, spirituality, faith-based
practices, and religious texts.
new text end

new text begin Subd. 2. new text end

new text begin Discrimination prohibited. new text end

new text begin It is an unlawful discriminatory practice for an
owner, operator, or provider of an interactive computer service to restrict, either directly,
manually, or through the use of an algorithm, a user's account or content based on race, sex,
political ideology, or religious beliefs.
new text end

new text begin Subd. 3. new text end

new text begin Notice required. new text end

new text begin An owner, operator, or provider of interactive computer
services who restricts a user's account or content must provide a written notice to the user
within 24 hours of taking the action. The notice must specify the authority and basis for the
restriction.
new text end

new text begin Subd. 4. new text end

new text begin Private civil action authorized. new text end

new text begin (a) The following users of an interactive
computer service may bring an action in district court seeking damages as provided in
subdivision 5:
new text end

new text begin (1) a user injured by a violation of subdivision 2; or
new text end

new text begin (2) a user who reasonably otherwise would have received or viewed another user's
content but for a violation of subdivision 2.
new text end

new text begin (b) An action under this section must commence within two years of the date the violation
was discovered or reasonably should have been discovered by the plaintiff.
new text end

new text begin (c) The plaintiff in an action brought under this section shall have the right to a jury trial.
new text end

new text begin Subd. 5. new text end

new text begin Damages; injunctive relief. new text end

new text begin (a) The court shall award the following damages
to a prevailing plaintiff against an owner, operator, or provider of an interactive computer
service found liable under this section:
new text end

new text begin (1) actual damages;
new text end

new text begin (2) statutory damages of $50,000 per violation;
new text end

new text begin (3) statutory damages of $50,000 per instance of failure to provide timely notice under
subdivision 3; and
new text end

new text begin (4) court costs, fees, and reasonable attorney fees.
new text end

new text begin (b) The court may award injunctive relief, as appropriate.
new text end

new text begin Subd. 6. new text end

new text begin Attorney general. new text end

new text begin The attorney general is authorized to investigate alleged
violations of this section and recover damages on behalf of users entitled to relief under this
section, as well as injunctive relief on behalf of the state.
new text end

new text begin Subd. 7. new text end

new text begin Personal jurisdiction; venue. new text end

new text begin (a) As to any cause of action arising under this
section, the district court may exercise personal jurisdiction over a nonresident defendant
in the same manner as if the defendant were a person domiciled in this state if:
new text end

new text begin (1) the defendant makes the interactive computer service available to residents of this
state; or
new text end

new text begin (2) enters into agreements with residents of this state for the provision of interactive
computer services.
new text end

new text begin (b) A cause of action arising under this section may be brought in the county in which
the plaintiff resides.
new text end

new text begin Subd. 8. new text end

new text begin Good faith and fair dealing. new text end

new text begin In any terms of service or other agreement
governing the provision of interactive computer services to a user, an implied covenant of
good faith and fair dealing bars the owner, operator, or provider of interactive computer
services from restricting a user or a user's content as provided under subdivision 2.
new text end

new text begin Subd. 9. new text end

new text begin Construction with other law or agreement; exemption. new text end

new text begin (a) The remedies in
this section are cumulative and do not restrict any other remedy provided by law.
new text end

new text begin (b) Any agreement or provision in an agreement waiving or limiting the rights, remedies,
and duties provided in this section is deemed void and against public policy.
new text end

new text begin (c) This section does not apply to interactive computer services with less than 10,000,000
users.
new text end

new text begin Subd. 10. new text end

new text begin Severability. new text end

new text begin If any provision of this section is found to be unconstitutional
or otherwise void, the remaining provisions of this act remain valid.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023, and applies to causes of
action accruing on or after that date.
new text end