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HF 3724

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 05:27pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to consumer protection; prohibiting certain social media algorithms that
target children; proposing coding for new law in Minnesota Statutes, chapter 325F.

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

Section 1.

new text begin [325F.6945] UNLAWFUL SOCIAL MEDIA ACTIVITIES.
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.
new text end

new text begin (b) "Account holder" means a person who accesses a social media account through a
social media platform.
new text end

new text begin (c) "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 (d) "Social media algorithm" means the software used by social media platforms to (1)
prioritize content, and (2) direct the prioritized content to the account holder.
new text end

new text begin (e) "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 (f) "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. User-created content includes personal identifiable information, educational
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 Prohibitions; social media algorithm. new text end

new text begin (a) A social media platform with more
than 1,000,000 account holders operating in Minnesota is prohibited from using a social
media algorithm to target user-created content at an account holder under the age of 18.
new text end

new text begin (b) The operator of a social media platform is liable to an individual account holder who
received user-created content through a social media algorithm while the individual account
holder was under the age of 18 if the operator of a social media platform knew or had reason
to know that the individual account holder was under the age of 18. A social media operator
subject to this paragraph is liable to the account holder for (1) any regular or special damages,
(2) a statutory penalty of $1,000 for each violation of this section, and (3) any other penalties
available under law.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin User-created content that is created by a federal, state, or local
government or by a public or private school, college, or university is exempt from this
section.
new text end