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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0391.02 Richard Sweetman x4333 HOUSE BILL 26-1255
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING PROTECTIONS FOR USERS OF ELECTRONIC MEDIA, AND,101
IN CONNECTION THEREWITH , REQUIRING AN OPERATOR OF A102
SOCIAL MEDIA PLATFORM TO ENSURE THE SOCIAL MEDIA103
PLATFORM PROVIDES A STREAMLINED PROCESS TO ALLOW A104
LAW ENFORCEMENT AGENCY TO CONTACT THE SOCIAL MEDIA105
PLATFORM CONCERNING A SEARCH WARRANT AND REQUIRING106
AN OPERATOR TO REPORT TO A LOCAL LAW ENFORCEMENT107
AGENCY IF THE OPERATOR 'S SOCIAL MEDIA PLATFORM108
RECEIVES A NOTICE THAT A US ER HAS POSTED CONTENT THAT109
THREATENS IMMINENT AND SPECIFIC HARM TO THEMSELF OR110
ANOTHER INDIVIDUAL , EXPRESSES AN INTENT TO COMMIT A111
CRIME, OR ATTEMPTS TO ENTICE AN INDIVIDUAL TO COMMIT A112
CRIME.113
HOUSE SPONSORSHIP
Story,
SENATE SPONSORSHIP
Cutter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill requires an operator of a social media platform (operator)
to ensure that its social media platform provides a streamlined process to
allow law enforcement agencies to contact the social media platform. The
process must be available to law enforcement agencies at all times and
make available a staffed hotline for the purposes of:
! Receiving and responding to questions about search
warrants;
! Acknowledging the receipt of a search warrant within 8
hours after receipt; and
! Providing status updates on search warrant compliance to
a requesting law enforcement agency.
An operator must comply with a search warrant within 24 hours if
certain conditions apply. A court may reasonably extend this time if the
court makes a written finding that the operator or social media platform
has shown good cause for the extension and that an extension would not
cause an adverse result. The bill sets forth enforcement options for the
attorney general regarding operators' compliance with search warrants.
The bill also requires an operator to report to a social media
platform user's (user's) local law enforcement agency within 24 hours if
the operator's social media platform receives a flag or other notice that the
user has posted content that:
! Threatens imminent and specific harm to themself or
another individual;
! Expresses an intention to commit an imminent and specific
crime under Colorado law; or
! Attempts to entice an individual to commit an imminent
and specific crime under Colorado law.
A violation of the reporting requirement is a violation of the
"Colorado Consumer Protection Act".
In current law, "social media platform" is defined as an
internet-based service, website, or application that satisfies certain
criteria, including having more than 100,000 active users in Colorado.
The bill removes this criterion.
HB26-1255-2-
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 16-3-313 as2
follows:3
16-3-313. Search warrants served on social media platforms4
- process required - definitions.5
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE6
REQUIRES:7
(a) "O PERATOR" MEANS A PERSON , BUSINESS, OR OTHER LEGAL8
ENTITY THAT OPERATES OR PROVIDES A SOCIAL MEDIA PLATFORM.9
(b) "SOCIAL MEDIA PLATFORM" HAS THE MEANING SET FORTH IN10
SECTION 6-1-1601 (4); EXCEPT THAT "SOCIAL MEDIA PLATFORM" INCLUDES11
AN INTERNET -BASED SERVICE OR APPLICATION IN WHICH THE12
PREDOMINANT OR EXCLUSIVE FUNCTION IS INTERACTIVE GAMING, VIRTUAL13
GAMING, OR AN ONLINE SERVICE THAT ALLOWS THE CREATION AND14
UPLOADING OF CONTENT FOR THE PURPOSE OF INTERACTIVE OR VIRTUAL15
GAMING, AS DESCRIBED IN SECTION 6-1-1601 (4)(b)(VII).16
(c) "U SER" MEANS A USER OF A SOCIAL MEDIA PLATFORM IN17
COLORADO WHO IS NOT ACTING AS AN OPERATOR , OR AN AGENT OR18
AFFILIATE OF AN OPERATOR , OF THE SOCIAL MEDIA PLATFORM OR ANY19
PORTION OF THE SOCIAL MEDIA PLATFORM.20
(2) A N OPERATOR SHALL ENSURE THAT ITS SOCIAL MEDIA21
PLATFORM PROVIDES A STREAMLINED PROCESS TO ALLOW LAW22
ENFORCEMENT AGENCIES TO CONTACT THE SOCIAL MEDIA PLATFORM. THE23
PROCESS MUST, AT A MINIMUM:24
(a) BE AVAILABLE TO LAW ENFORCEMENT AGENCIES AT ALL TIMES;25
AND26
(b) MAKE AVAILABLE AT ALL TIMES A STAFFED HOTLINE FOR LAW27
HB26-1255-3-
ENFORCEMENT OFFICERS FOR THE PURPOSES OF:1
(I) R ECEIVING AND RESPONDING TO QUESTIONS ABOUT SEARCH2
WARRANTS;3
(II) ACKNOWLEDGING THE RECEIPT OF A SEARCH WARRANT WITHIN4
EIGHT HOURS AFTER RECEIPT; AND5
(III) P ROVIDING STATUS UPDATES ON SEARCH WARRANT6
COMPLIANCE TO A REQUESTING LAW ENFORCEMENT AGENCY.7
(3) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION, AN8
OPERATOR SHALL COMPLY WITH A SEARCH WARRANT WITHIN9
TWENTY-FOUR HOURS AFTER RECEIVING THE SEARCH WARRANT IF ALL OF10
THE FOLLOWING APPLY:11
(a) THE SEARCH WARRANT IS PROVIDED TO THE OPERATOR OR THE12
OPERATOR'S SOCIAL MEDIA PLATFORM BY A LAW ENFORCEMENT AGENCY;13
(b) T HE SUBJECT OF THE SEARCH WARRANT IS INFORMATION14
ASSOCIATED WITH A USER 'S ACCOUNT ON A SOCIAL MEDIA PLATFORM15
OPERATED BY THE OPERATOR; AND16
(c) THE INFORMATION IS CONTROLLED BY A USER OR OPERATOR OF17
THE SOCIAL MEDIA PLATFORM.18
(4) A COURT MAY REASONABLY EXTEND THE TIME REQUIRED TO19
COMPLY WITH A SEARCH WARRANT ISSUED PURSUANT TO SUBSECTION (3)20
OF THIS SECTION IF THE COURT MAKES A WRITTEN FINDING THAT THE21
OPERATOR OR SOCIAL MEDIA PLATFORM HAS SHOWN GOOD CAUSE FOR THE22
EXTENSION AND THAT AN EXTENSION WOULD NOT CAUSE AN ADVERSE23
RESULT, AS DEFINED IN 18 U.S.C. SEC. 2705 (a)(2).24
(5) O N OR AFTER THE EFFECTIVE DATE OF THIS SECTION , IF IT25
APPEARS TO THE ATTORNEY GENERAL, UPON COMPLAINT OR OTHERWISE,26
THAT ANY PERSON WITHIN OR OUTSIDE THE STATE HAS VIOLATED THIS27
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SECTION, THE ATTORNEY GENERAL MAY BRING AN ACTION OR PROCEEDING1
TO:2
(a) ENJOIN THE VIOLATION;3
(b) OBTAIN RESTITUTION OF ANY MONEY OR PROPERTY OBTAINED4
DIRECTLY OR INDIRECTLY AS A RESULT OF THE VIOLATION;5
(c) OBTAIN DISGORGEMENT OF ANY PROFITS OR GAINS OBTAINED6
DIRECTLY OR INDIRECTLY AS A RESULT OF THE VIOLATION;7
(d) OBTAIN DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY THE8
VIOLATION;9
(e) O BTAIN CIVIL PENALTIES OF UP TO TWO HUNDRED FIFTY10
THOUSAND DOLLARS PER VIOLATION; AND11
(f) OBTAIN SUCH OTHER RELIEF AS THE COURT MAY DEEM PROPER,12
INCLUDING PRELIMINARY RELIEF.13
SECTION 2. In Colorado Revised Statutes, add 6-1-1602 as14
follows:15
6-1-1602. Social media platforms - duty to report threats and16
enticements to local law enforcement agency - definitions - rules.17
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE18
REQUIRES:19
(a) "LOCAL LAW ENFORCEMENT AGENCY" MEANS EITHER:20
(I) T HE MUNICIPAL LAW ENFORCEMENT AGENCY OF THE21
MUNICIPALITY IN WHICH A USER RESIDES; OR22
(II) T HE COUNTY SHERIFF OF THE COUNTY IN WHICH A USER23
RESIDES.24
(b) "OPERATOR" MEANS A PERSON , BUSINESS, OR OTHER LEGAL25
ENTITY THAT OPERATES OR PROVIDES A SOCIAL MEDIA PLATFORM.26
(c) "SOCIAL MEDIA PLATFORM" HAS THE MEANING SET FORTH IN27
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SECTION 6-1-1601 (4).1
(d) "U SER" MEANS A USER OF A SOCIAL MEDIA PLATFORM IN2
COLORADO WHO IS NOT ACTING AS AN OPERATOR , OR AN AGENT OR3
AFFILIATE OF AN OPERATOR , OF THE SOCIAL MEDIA PLATFORM OR ANY4
PORTION OF THE SOCIAL MEDIA PLATFORM.5
(2) AN OPERATOR HAS A DUTY TO REPORT TO A USER'S LOCAL LAW6
ENFORCEMENT AGENCY IF THE OPERATOR 'S SOCIAL MEDIA PLATFORM7
RECEIVES A FLAG OR OTHER NOTICE FROM ANOTHER USER OF THE SOCIAL8
MEDIA PLATFORM, OR FROM ANY OTHER PERSON , THAT A USER OF THE9
SOCIAL MEDIA PLATFORM HAS KNOWINGLY POSTED CONTENT THAT:10
(a) THREATENS IMMINENT AND SPECIFIC HARM TO THEMSELF OR11
ANOTHER INDIVIDUAL;12
(b) EXPRESSES A SPECIFIC INTENTION TO COMMIT AN IMMINENT13
AND SPECIFIC CRIME UNDER COLORADO LAW; OR14
(c) ATTEMPTS TO ENTICE AN INDIVIDUAL TO COMMIT AN IMMINENT15
AND SPECIFIC CRIME UNDER COLORADO LAW.16
(3) NOT LATER THAN TWENTY-FOUR HOURS AFTER A SOCIAL MEDIA17
PLATFORM RECEIVES A FLAG OR OTHER NOTICE ABOUT A USER AS18
DESCRIBED IN SUBSECTION (2) OF THIS SECTION , THE OPERATOR OF THE19
SOCIAL MEDIA PLATFORM SHALL REPORT TO THE USER 'S LOCAL LAW20
ENFORCEMENT AGENCY THE FOLLOWING INFORMATION:21
(a) THE CONTENT IN QUESTION THAT WAS ALLEGEDLY POSTED BY22
THE USER; AND23
(b) T HE INTERNET PROTOCOL ADDRESS , UNIFORM RESOURCE24
INDICATOR, EMAIL ADDRESS , AND DIGITAL ADDRESS OF THE USER WHO25
POSTED THE CONTENT.26
(4) A PERSON THAT VIOLATES THIS SECTION COMMITS AN UNFAIR27
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OR DECEPTIVE TRADE PRACTICE , AS DESCRIBED IN SECTION 6-1-1051
(1)(qqqq).2
(5) THE ATTORNEY GENERAL MAY ADOPT RULES FOR THE PURPOSE3
OF CARRYING OUT THIS SECTION.4
SECTION 3. In Colorado Revised Statutes, 6-1-105, add5
(1)(qqqq) as follows:6
6-1-105. Unfair or deceptive trade practices - definitions.7
(1) A person engages in a deceptive trade practice when, in the8
course of the person's business, vocation, or occupation, the person:9
(qqqq) VIOLATES SECTION 6-1-1602.10
SECTION 4. In Colorado Revised Statutes, 6-1-1601, amend11
(4)(a)(I) as follows:12
6-1-1601. Social media platform - youth users - definition.13
(4) (a) As used in this section, "social media platform" means an14
internet-based service, website, or application that:15
(I) Has ONE OR more than one hundred thousand active users in16
Colorado;17
SECTION 5. Act subject to petition - effective date. This act18
takes effect at 12:01 a.m. on the day following the expiration of the19
ninety-day period after final adjournment of the general assembly (August20
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a21
referendum petition is filed pursuant to section 1 (3) of article V of the22
state constitution against this act or an item, section, or part of this act23
within such period, then the act, item, section, or part will not take effect24
unless approved by the people at the general election to be held in25
November 2026 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
HB26-1255-7-