Search Warrants Provided to Covered Platforms

SENATE BILL 26-011
BY SENATOR(S) Frizell and Roberts, Carson, Catlin, Liston, Pelton B.,
Pelton R., Rich, Amabile, Ball, Bridges, Cutter, Exum, Gonzales J., Jodeh,
Kipp, Kirkmeyer, Kolker, Lindstedt, Marchman, Mullica, Simpson, Snyder,
Wallace, Weissman, Coleman;
also REPRESENTATIVE(S) Boesenecker and Caldwell, Bacon, Clifford,
Duran, Espenoza, Froelich, Hamrick, Lindsay, Marshall, Nguyen, Rutinel,
Woodrow, McCluskie.
CONCERNING SEARCH WARRANT REQUIREMENTS FOR OPERA TORS OF
CERTAIN ELECTRONIC PLATFORMS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 16-3-313 as
follows:
16-3-313. Search warrants provided to covered platforms -
process required -enforcement -severability -definitions.
(1) As USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(a) (I) "COVERED PLATFORM" MEANS A PUBLIC OR SEMIPUBLIC
WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION
THAT:
(A) HAS AT LEAST ONE MILLION DISCRETE MONTHLY USERS;
(B) ALLOWS A USER TO CONSTRUCT A PUBLIC OR SEMIPUBLIC
PROFILE FOR THE PURPOSE OF USING THE WEBSITE, SERVICE, OR
APPLICATION; AND
(C) ALLOWS A USER TOCREATEORPOSTCONTENTTHATIS VIEWABLE
BY OTHER USERS, INCLUDING ON MESSAGE BOARDS, IN CHAT ROOMS, OR
THROUGH LANDING PAGES OR MAIN FEEDS THAT PRESENT A USER WITH
CONTENT GENERA TED BY OTHER USERS OR BY ARTIFICIAL INTELLIGENCE. A
WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION
SHALL NOT BE DEEMED TO SA TIS FY THE CRITERION DESCRIBED IN THIS
SUBSECTION (l)(a)(l)(C) SOLELY BECAUSE THE WEBSITE, ONLINE SERVICE,
ONLINE APPLICATION, OR MOBILE APPLICATION PROVIDES THE ABILITY TO
POST AND VIEW COMMENTS FOR THE PURPOSE OF RA TING OR REVIEWING
PRODUCTS OR SERVICES OR, IN THE CASE OF A WEBSITE, ONLINE SERVICE,
ONLINE APPLICATION, OR MOBILE APPLICATION THAT PREDOMINANTLY OR
EXCLUSIVELY PROVIDES NEWS, SPORTS, ENTERTAINMENT, OR E-COMMERCE
CONTENT THAT IS PRESELECTED BY THE PROVIDER AND NOT
USER-GENERA TED, SOLELY BECAUSE THE WEBSITE, ONLINE SERVICE, ONLINE
APPLICATION, OR MOBILE APPLICATION HAS CHAT, COMMENT, OR
INTERACTIVE FUNCTIONALITY THAT IS DIRECTLY RELATED TO, OR
DEPENDENT UPON, THE PROVISION OF THAT CONTENT.
(II) "COVERED PLATFORM" INCLUDES FEATURES OR SERVICES OF A
COVERED PLATFORM.
(III) "COVERED PLATFORM" DOES NOT INCLUDE A SERVICE OR
APPLICATION THAT:
(A) IS USED TO FACILITATE COMMUNICATION WITHIN A BUSINESS OR
ENTERPRISE AMONG EMPLOYEES OR AFFILIATES OF THE BUSINESS OR
ENTERPRISE, SO LONG AS ACCESS TO THE SERVICE OR APPLICATION IS
RESTRICTED TO EMPLOYEES OR AFFILIATES OF THE BUSINESS OR ENTERPRISE
USING THE SERVICE OR APPLICATION; OR
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(B) HAS THE EXCLUSIVE PURPOSES OF OFFERING THE COMMERCIAL
SALE OF GOODS AND FACILITATING COMMERCIAL TRANSACTIONS BETWEEN
BUYERS AND SELLERS, SO LONG AS THE SERVICE OR APPLICATION IS NOT A
FEATURE OR SERVICE OF, OR OTHERWISE ASSOC IA TED OR AFFILIATED WITH,
A COVERED PLATFORM.
(b) "OPERA TOR" MEANS A PERSON, BUSINESS, OR OTHER LEGAL
ENTITY THAT OPERA TES OR PROVIDES A COVERED PLATFORM.
( C) "SEARCH WARRANT" INCLUDES A COURT ORDER FOR THE
PRODUCTION OF RECORDS, AS DESCRIBED IN SECTION 16-3-301.1.
(d) "USER" MEANS A USER OF A COVERED PLATFORM WHO RESIDES
IN COLORADO AND IS NOT ACTING AS AN OPERA TOR, OR AN AGENT OR
AFFILIATE OF AN OPERA TOR, OF THE PLATFORM OR ANY PORTION OF THE
PLATFORM.
(2) AN OPERA TOR SHALL ENSURE THAT EACH OF ITS COVERED
PLATFORMS PROVIDES A STREAMLINED PROCESS TO ALLOW COLORADO LAW
ENFORCEMENT AGENCIES TO CONTACT THE COVERED PLATFORM. THE
PROCESS MUST, AT A MINIMUM:
(a) BE AVAILABLE TO COLORADO LAW ENFORCEMENT AGENCIES AT
ALL TIMES; AND
(b) MAKE AVAILABLE AT ALL TIMES A STAFFED HOTLINE FOR
COLORADO LAW ENFORCEMENT AGENCIES FOR THE PURPOSES OF:
(I) RECEIVING AND RESPONDING TO QUESTIONS ABOUT SEARCH
WARRANTS;
(II) ACKNOWLEDGING THE RECEIPT OF A SEARCH WARRANT WITHIN
EIGHT HOURS AFTER RECEIPT; AND
(III) PROVIDING STATUS UPDATES ON SEARCH WARRANT
COMPLIANCE TO A REQUESTING COLORADO LAW ENFORCEMENT AGENCY.
(3) AN OPERA TOR SHALL PROMINENTLY POST CONT ACT
INFORMATION ON THE HOME PAGE OF EACH OF ITS COVERED PLATFORMS TO
ALLOW A COLORADO LAW ENFORCEMENT AGENCY TO CONTACT THE
PAGE 3-SENATE BILL 26-011
OPERATORANDINITIATETHEPROCESS DESCRIBED IN SUBSECTION (2)OFTHIS
SECTION.
(4) EXCEPT AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, OR
ANY OTHER LAW, INCLUDING SECTION 32 OF ARTICLE II OF THE STATE
CONSTITUTION; THE "COLORADO PRIVACY ACT", PART 13 OF ARTICLE 1 OF
TITLE 6; SECTION 16-3-301 (4); AND THE "REPRODUCTIVE HEALTH EQUITY
ACT", PART 4 OF ARTICLE 6 OF TITLE 25, AN OPERA TOR SHALL COMPLY WITH
A SEARCH WARRANT WITHIN SEVENTY-TWO HOURS AFTER RECEIVING THE
SEARCH WARRANT IF ALL OF THE FOLLOWING APPLY:
(a) THE SEARCH WARRANT IS PROVIDED TO THE OPERATOR OR THE
OPERA TOR'S COVERED PLATFORM BY A COLORADO LAW ENFORCEMENT
AGENCY;
(b) THE SUBJECT OF THE SEARCH WARRANT IS INFORMATION
ASSOCIATED WITH A USER'S ACCOUNT ON A COVERED PLATFORM OPERA TED
BY THE OPERA TOR; AND
( C) THE INFORMATION IS CONTROLLED BY A USER OR OPERA TOR OF
THE COVERED PLATFORM.
(5) A COURT MAY REASONABLY EXTEND THE TIME REQUIRED TO
COMPLY WITH A SEARCH WARRANT PROVIDED PURSUANT TO SUBSECTION ( 4)
OF THIS SECTION IF THE COURT MAKES A WRITTEN FINDING THAT THE
OPERATOR OR COVERED PLATFORM HAS SHOWN GOOD CAUSE FOR THE
EXTENSION AND THAT AN EXTENSION WOULD NOT CAUSE AN ADVERSE
RESULT, AS DEFINED IN 18 U.S.C. SEC. 2705 (a)(2).
( 6) THE FAIL URE OF AN OPERA TOR OR COVERED PLATFORM TO
COMPLY WITH THE REQUIREMENTS OF A COURT-ORDERED SEARCH WARRANT
AS DESCRIBED IN THIS SECTION SUPPORTS A FINDING OF CONTEMPT OF
COURT, AS DESCRIBED IN SECTION 16-3-301.1 (6)(d).
(7) ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IF IT
APPEARS TO THE ATTORNEY GENERAL OR TO A DISTRICT ATTORNEY WITH
JURISDICTION, UPON COMPLAINT OR OTHERWISE, THAT A PERSON WITHIN OR
OUTSIDE THE STATE HAS VIOLATED THIS SECTION, IN ADDITION TO SEEKING
ANY OTHER RELIEF AVAILABLE UNDER THIS PART 3, THE ATTORNEY GENERAL
OR DISTRICT ATTORNEY MAY BRING AN ACTION OR PROCEEDING TO:
PAGE 4-SENATE BILL 26-011
(a) ENJOIN THE VIOLATION;
(b) OBTAIN RESTITUTION OF ANY MONEY OR PROPERTY OBTAINED
DIRECTLY OR INDIRECTLY AS A RESULT OF THE VIOLATION;
(c) OBTAIN DISGORGEMENT OF ANY PROFITS OR GAINS OBTAINED
DIRECTLY OR INDIRECTLY AS A RESULT OF THE VIOLATION;
(d) OBTAIN DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY THE
VIOLATION;
( e) OBTAIN CIVIL PENALTIES OF UP TO FIVE THOUSAND DOLLARS PER
VIOLATION; AND
(f) OBTAIN SUCH OTHER RELIEF AS THE COURT MAY DEEM PROPER,
INCLUDING PRELIMINARY RELIEF.
(8) IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY
PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT
AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION THAT CAN BE
GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO
THIS END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
SECTION 2. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 12, 2026, if adjournment sine die is on May 13,
2026); except that, if a referendum petition is filed pursuant to section 1 (3)
of article V of the state constitution against this act or an item, section, or
part of this act within such period, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
PAGE 5-SENATE BILL 26-011
(2) This act applies to search warrants provided on or after the
applicable effective date of this act.
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Est er van Mourik
SECRETARY OF
THE SENATE
~~ie
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
~aReilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED Ob man~(/\~ m OI r;t.., 30th 1,{Jl I,, ~ I Z: 30 r i,,,
( ate and Time)
Jared S. P
GOVE
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