Amended  IN  Assembly  August 19, 2024
Amended  IN  Assembly  August 08, 2024
Amended  IN  Assembly  August 05, 2024
Amended  IN  Assembly  June 20, 2024
Amended  IN  Senate  May 02, 2024
Amended  IN  Senate  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 918

Introduced by Senator Umberg
(Coauthors: Assembly Members Dixon, Lowenthal, Ortega, and Joe Patterson)

January 10, 2024

An act to add Chapter 31.6 (commencing with Section 22946) to Division 8 of the Business and Professions Code, relating to social media platforms.


LEGISLATIVE COUNSEL'S DIGEST


SB 918, as amended, Umberg. Law enforcement contact process: search warrants.
Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.
This bill would require a social media platform to maintain a law enforcement contact process that, among other things, makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information. The bill would, except as prescribed, also require a social media platform to comply with a search warrant within 72 hours if the search warrant is provided to the social media platform by a law enforcement agency and the subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.
This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  31.6. Social Media Platforms and Law Enforcement

22946.
 As used in this chapter:
(a) “Law enforcement agency” means a law enforcement agency in the state.
(b) “Law enforcement liaison” means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.
(c) “Search warrant” means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code.
(d) “Social media platform” has the same meaning as defined in Section 22945.

22946.1.
 (a) A social media platform shall maintain a law enforcement contact process that does all of the following:
(1) Makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information.
(2) Provides continual availability of the law enforcement contact process.
(3) Includes a method to provide status updates to a requesting law enforcement agency on a request for information or a warrant provided pursuant to subdivision (b).
(b) (1) Except as provided by any other law, including, but not limited to, the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775) of Part 4 of the Penal Code), Code) and Section 1546.5 of the Penal Code, a social media platform shall comply with a search warrant within 72 hours if both of the following apply:
(A) The search warrant is provided to the social media platform by a law enforcement agency.
(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.
(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.

22946.2.
 This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.