Social medica behavioral threat assessment reporting requirement created.

A bill for an act

relating to consumer protection; creating a social media behavioral threat assessment

reporting requirement; 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
deleted text begin
325M.34
deleted text end
new text begin
325M.36
new text end
, 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.

(j) "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.

(k) "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.

(l) "User" means a natural person who is located in Minnesota and who holds an account

or profile with a social media platform.

(m) "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.36] SOCIAL MEDIA BEHAVIORAL THREAT ASSESSMENT AND

REPORTING.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Definitions.

new text end

new text begin

(a) For purposes of this section, the following terms have

the meanings given.

new text end

new text begin

(b) "Educational facility" means a child care center, a school, or any postsecondary

education institution located in this state.

new text end

new text begin

(c) "Religious institution" has the meaning given in section 327.30, subdivision 1,

paragraph (f), when located in this state, as well as affiliated facilities including homes,

schools, or buildings operated by a religious institution when located in this state.

new text end

new text begin

(d) "Targeted violence" means a deliberate act of violence directed at a specific person,

group, or location, regardless of motivation, that violates criminal laws of the United States

or the state of Minnesota.

new text end

new text begin

Subd. 2.

new text end

new text begin

Social media behavioral threat assessment and reporting; requirements.

new text end

new text begin

(a)

A social media platform must provide continuous review of user-generated content in order

to identify and report to the Minnesota Fusion Center (MNFC) articulable threats of targeted

violence directed at:

new text end

new text begin

(1) an educational facility; or

new text end

new text begin

(2) a religious institution.

new text end

new text begin

Articulable threats of targeted violence must be reported regardless of the background or

motivation of the user who generated the content.

new text end

new text begin

(b) A social media platform may utilize user reporting and technological tools, including

algorithms and artificial intelligence to assist in reviewing user-generated content in order

to identify articulable threats of targeted violence, but must use humans to review the content

to identify articulable threats of targeted violence and use humans to assess the content to

determine if the content needs to be reported under this section.

new text end

new text begin

(c) The social media platform must report an articulable threat of targeted violence based

on the requirements under this section and must follow the reporting requests of the MNFC

to facilitate the transmission of threat information, files, personal information, and other

data. The MNFC must accommodate the requests of a social media platform to accept

information as required by this section that conserves resources and reduces costs when

practicable.

new text end

new text begin

(d) The MNFC must designate one or more persons to specialize in social media platform

threat assessments to coordinate reports for social media platforms and facilitate reporting

required under this section.

new text end

new text begin

(e) Nothing in this section prevents a social media platform from any other reporting

normally done in the course of business or as required by law, including contacting local,

state, national law enforcement, school safety centers, or other facilities or individuals.

new text end

new text begin

(f) A social media platform must report to the MNFC an articulable threat of targeted

violence within 24 hours of the discovery of the articulable threat of targeted violence,

unless there is an indication from the content that a person may act on an articulable threat

of targeted violence within 24 hours of the date the content was posted. The social media

platform must immediately report to the MNFC through any practicable means of

communication.

new text end

new text begin

Subd. 3.

new text end

new text begin

Threat assessment; factors.

new text end

new text begin

In determining whether to report to the MNFC

an articulable threat of targeted violence, a social media platform must consider factors

including but not limited to:

new text end

new text begin

(1) violent ideation, including general and specific depictions, fantasies, or desires for

murder or violence;

new text end

new text begin

(2) evidence of concerning levels of interest in violent topics, content, or groups who

support violence or past incidents of targeted violence;

new text end

new text begin

(3) evidence of aggressive violent behavior, including user-generated content that depicts

domestic violence, animal cruelty, assault, harassment, or stalking;

new text end

new text begin

(4) direct threats made using a social media platform communication feature;

new text end

new text begin

(5) speech communicating desperation or despair that clearly indicates a potential for

harm to self or others or a warning to others of an impending harm to self or others;

new text end

new text begin

(6) fixations or stalking, including a preoccupation for a person, place, belief, or cause

that indicates a threat to an individual, group of persons, or a specific location; and

new text end

new text begin

(7) speech that indicates training or preparation for targeted violence, including the use

of weapons or other materials associated with targeted violence.

new text end

new text begin

Subd. 4.

new text end

new text begin

Enforcement.

new text end

new text begin

(a) If a social media platform violates this section, the attorney

general may bring an enforcement action under paragraph (b).

new text end

new text begin

(b) The attorney general may bring an enforcement action against a social media platform

to enforce a provision of this section in accordance with section 8.31. If the state prevails

in an action to enforce this section, the state may, in addition to penalties provided by

paragraph (c) or other remedies provided by law, be allowed an amount determined by the

court to be the reasonable value of all or part of the state's litigation expenses incurred.

new text end

new text begin

(c) Any social media platform that violates this section is subject to an injunction and

any other equitable relief, and is liable for a civil penalty of not more than $1,000,000 for

each violation.

new text end

new text begin

Subd. 5.

new text end

new text begin

Data practices.

new text end

new text begin

The MNFC, along with the agency that carries on a law

enforcement function that subsequently obtains information from a social media platform,

must treat the data as criminal investigative data under section 13.82, subdivision 7.

new text end

new text begin

Subd. 6.

new text end

new text begin

Free speech.

new text end

new text begin

Outside the investigation of an articulable threat of targeted

violence, including a true threat or an incitement to imminent lawless action, nothing in this

section allows law enforcement, or another agent of the government, to violate the protected

free speech rights of an individual otherwise guaranteed by the Minnesota Constitution or

the United States Constitution.

new text end

new text begin

Subd. 7.

new text end

new text begin

Immunity from liability.

new text end

new text begin

This section does not create a unique cause of action

for an individual. A social media platform that uses currently available technology and

follows the requirements of this section is not liable to an individual or any persons for the

criminal actions of another based on the requirements or standards in this section.

new text end