SF 5090

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/14/2026 09:26 a.m.

A bill for an act
relating to commerce; requiring social media platforms to implement
interoperability interface; providing for enforcement and penalties; amending
Minnesota Statutes 2024, section 325M.31; proposing coding for new law in
Minnesota Statutes, chapter 325M.

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

Section 1.

Minnesota Statutes 2024, section 325M.31, is amended to read:

325M.31 DEFINITIONS.

(a) For purposes of sections 325M.30 to 325M.34, the following terms have the meanings
given.

(b) "Accessible user interface" means a way for a user to input data, make a choice, or
take an action on a social media platform in two clicks or fewer.

(c) "Account holder" means a natural person or legal person who holds an account or
profile with a social media platform.

(d) "Account interactions" means any action that a user can make within a social media
platform that could have a negative impact on another account holder. Account interactions
include but are not limited to:

(1) sending messages or invitations to users;

(2) reporting users;

(3) commenting on, resharing, liking, voting, or otherwise reacting to users' user-generated
content; and

(4) posting user-generated content or disseminating user-generated content to users.

Actions that have no impact on other users, including viewing user-generated content or
public content, are not account interactions.

(e) "Algorithmic ranking system" means a computational process, including one derived
from algorithmic decision making, machine learning, statistical analysis, or other data
processing or artificial intelligence techniques, used to determine the selection, order, relative
prioritization, or relative prominence of content from a set of information that is provided
to a user on a social media platform, including search results ranking, content
recommendations, content display, or any other automated content selection method.

(f) "Conspicuously" means the information is presented in a manner, given the
information's size, color, contrast, location, and proximity to any related information, as to
be readily noticed and understood by a reasonable user.

(g) "Content" means any media, including but not limited to written posts, images, visual
or audio recordings, notifications, and games, that a user views, reads, watches, listens to,
or otherwise interacts or engages with on a social media platform. Content includes other
account holders' accounts or profiles when recommended to a user by the social media
platform.

(h) "Engage" or "engagement" means a user's utilization of the social media platform.

(i) "Expressed preferences" means a freely given, considered, specific, and unambiguous
indication of a user's preferences regarding the user's engagement with a social media
platform. Expressed preferences must not be based on the user's time spent engaging with
content on the social media platform or on the use of features that do not indicate explicit
preference, including comments made, posts reshared, or similar actions that may be taken
on content the user perceives to be of low quality. Expressed preferences must not be
obtained through a user interface designed or manipulated with the substantial effect of
subverting or impairing a user's decision making.

new text begin (j) "Open protocol" means a publicly available technical standard that:
new text end

new text begin (1) enables interoperability and data exchange between social media platforms through
a shared data layer;
new text end

new text begin (2) is free from licensing fees and patent restrictions; and
new text end

new text begin (3) governs how social media platforms communicate and exchange data with each
other.
new text end

new text begin (k) "Personal data" has the meaning given in section 325M.11, paragraph (p).
new text end

new text begin (l) "Social graph" means data that represents a person's connections and interactions
within a social media platform. Social graph includes:
new text end

new text begin (1) content the person generates;
new text end

new text begin (2) the person's social connections with other users and entities;
new text end

new text begin (3) the person's responses to other users' and entities' content, including comments,
reactions, and shares;
new text end

new text begin (4) the person's public profile; and
new text end

new text begin (5) metadata associated with clauses (1) to (4).
new text end

new text begin Social graph does not include other users' and entities' content and responses, including
private messages, that have been designated private by the users and entities.
new text end

new text begin (m) "Social media company" means an entity that owns or operates a social media
service.
new text end

deleted text begin (j) deleted text end new text begin (n) new text end "Social media platform" means an electronic medium, including a browser-based
or application-based interactive computer service, Internet website, telephone network, or
data network, that allows an account holder to create, share, and view user-generated content
for a substantial purpose of social interaction, sharing user-generated content, or personal
networking. Social media platform does not include:

(1) an Internet search provider;

(2) an Internet service provider;

(3) an email service;

(4) a streaming service, online video game, e-commerce, or other Internet website where
the content is not user generated but where interactive functions enable chat, comments,
reviews, or other interactive functionality that is incidental to, directly related to, or dependent
upon providing the content;

(5) a communication service, including text, audio, or video communication technology,
provided by a business to the business's employees and clients for use in the course of
business activities and not for public distribution, except that social media platform includes
a communication service provided by a social media platform;

(6) an advertising network with the sole function of delivering commercial content;

(7) a telecommunications carrier, as defined in United States Code, title 47, section 153;

(8) a broadband service, as defined in section 116J.39, subdivision 1;

(9) single-purpose community groups for education or public safety;

(10) teleconferencing or video-conferencing services that allow reception and transmission
of audio and video signals for real-time communication, except that social media platform
includes teleconferencing or video-conferencing services provided by a social media platform;

(11) cloud computing services, which may include cloud storage and shared document
collaboration;

(12) providing or obtaining technical support for a platform, product, or service; or

(13) a platform designed primarily and specifically for creative professional users, as
distinct from the general public, to share their portfolio and creative content, engage in
professional networking, acquire clients, and market the creative professional user's creative
content and creative services through facilitated transactions.

deleted text begin (k) deleted text end new text begin (o) new text end "Time sensitive" means content that is welcomed under a user's expressed
preferences and that has significantly reduced value to the user with the passing of time.

deleted text begin (l) deleted text end new text begin (p) new text end "User" means a natural person who is located in Minnesota and who holds an
account or profile with a social media platform.

deleted text begin (m) deleted text end new text begin (q) new text end "User-generated content" means any content created by an account holder that
is uploaded, posted, shared, or disseminated on the social media platform.

Sec. 2.

new text begin [325M.331] DATA INTEROPERABILITY REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Data interoperability requirements. new text end

new text begin (a) A social media company must
implement an interoperability interface that is transparent, allows third-party access, and
allows a user to elect to:
new text end

new text begin (1) share a common set of the user's current social graph between the social media
platforms the user designates; and
new text end

new text begin (2) enable third parties to access content the user creates and be notified when new or
updated content is available, with the user's permission.
new text end

new text begin (b) In order to achieve interoperability, a social media company must:
new text end

new text begin (1) use an open protocol;
new text end

new text begin (2) facilitate and maintain interoperability and synchronous data sharing with other social
media platforms through an interoperability interface, based on reasonable terms that do
not discriminate between social media platforms;
new text end

new text begin (3) establish reasonable proportionate thresholds governing the frequency, nature, and
volume of social graph requests, beyond which the social media company may assess a
reasonable fee for access;
new text end

new text begin (4) offer to other social media companies a functionally equivalent version of internal
interfaces created by the social media company for the social media company's own social
media platforms; and
new text end

new text begin (5) disclose to other social media companies complete, accurate, and regularly updated
documentation describing access to the interoperability interface required under this section.
new text end

new text begin (c) A social media company that receives personal data must reasonably secure any
personal data the social media company acquires.
new text end

new text begin Subd. 2. new text end

new text begin Data sharing restrictions. new text end

new text begin (a) A social media company or third party is
prohibited from collecting, using, or sharing personal data obtained from other social media
services through the interoperability interface except to safeguard the privacy and security
of personal data or maintain interoperability services.
new text end

new text begin (b) A social media company or third party is prohibited from sharing or receiving personal
data through the interoperability interface except with the user's consent.
new text end

new text begin (c) A social media company is prohibited from adopting an easily accessible, prominent,
or persistent method for users to give consent for data sharing with other social media
platforms or third parties through the interoperability interface.
new text end

new text begin Subd. 3. new text end

new text begin Proprietary information. new text end

new text begin Nothing in this section requires a social media
company to:
new text end

new text begin (1) directly transmit or provide access to inferences, analyses, or derived data about a
user that the social media company has generated internally;
new text end

new text begin (2) disclose or grant access to proprietary algorithms, algorithmic ranking systems, or
other internal mechanisms used to operate the service; or
new text end

new text begin (3) transmit personal data that is stored or structured in a proprietary format if:
new text end

new text begin (i) an open, industry-standard format is not reasonably available; or
new text end

new text begin (ii) transmitting the personal data discloses the information described in this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Exclusions. new text end

new text begin This section does not apply to an entity that is owned, controlled,
operated, or maintained by a bona fide church or religious organization that is exempt from
property taxation in Minnesota.
new text end

new text begin Subd. 5. new text end

new text begin Open protocols. new text end

new text begin (a) The commissioner may identify open protocols that the
commissioner determines meet the requirements of this section.
new text end

new text begin (b) A social media company that uses an open protocol identified by the commissioner
is entitled to a rebuttable presumption that the social media company provides access on
reasonable terms that do not discriminate between social media platforms.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement. new text end

new text begin The attorney general may investigate and bring an action against
a social media platform for an alleged violation of this section under section 8.31.
new text end