S.B. 194 Social Media Regulation Amendments

S.B. 194

13 13-2-1 13-71-101 13-71-102 13-71-201 13-71-202 13-71-203 13-71-204 13-71-301 13-71-302 13-71-401 SB0194 HB0464 78B-3-1101
1
SOCIAL MEDIA REGULATION AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Michael K. McKell House Sponsor: Jordan D. Teuscher
2

3
LONG TITLE
4
General Description:
5
This bill enacts provisions related to age assurance and protecting minors in the Utah Minor
6
Protection in Social Media Act (Act).
7
Highlighted Provisions:
8
This bill:
9
▸defines terms;
10
▸requires social media companies to verify a new account holder's age using an approved
11
system;
12
▸requires a social media service to:
13
•enable maximum default privacy settings on a Utah minor account holder's account;
14
•provide supervisory tools and verifiable parental consent mechanisms on a Utah
15
minor account holder's account; and
16
•provide confidentiality protections for minors' data;
17
▸establishes the Division of Consumer Protection's enforcement powers relating to the
18
Act;
19
▸provides compliance safe harbors when social media companies implement approved
20
systems for age assurance and verifiable parental consent; and
21
▸contains a severability clause.
22
Money Appropriated in this Bill:
23
None
24
Other Special Clauses:
25
This bill provides a special effective date.
26
This bill provides a coordination clause.
27
Utah Code Sections Affected:
28
AMENDS:
29
13-2-1, (Effective 05/02/24) as last amended by Laws of Utah 2023, Chapters 31, 36, 377,
30
458, 477, 498, 509, and 536
31
ENACTS:
32
13-71-101, (Effective 10/01/24) Utah Code Annotated 1953
33
13-71-102, (Effective 10/01/24) Utah Code Annotated 1953
34
13-71-201, (Effective 10/01/24) Utah Code Annotated 1953
35
13-71-202, (Effective 10/01/24) Utah Code Annotated 1953
36
13-71-203, (Effective 10/01/24) Utah Code Annotated 1953
37
13-71-204, (Effective 10/01/24) Utah Code Annotated 1953
38
13-71-301, (Effective 10/01/24) Utah Code Annotated 1953
39
13-71-302, (Effective 10/01/24) Utah Code Annotated 1953
40
13-71-401, (Effective 10/01/24) Utah Code Annotated 1953
41
Utah Code Sections Affected by Coordination Clause: AMENDS:
42
12 78B-3-1101, Utah Code Annotated 1953
43
44
Be it enacted by the Legislature of the state of Utah:
45

46

45
Section 1, Section 13-2-1 is amended to read:
46
13-2-1 (Effective 05/02/24). Consumer protection division established --
47
Functions.
48
(1)There is established within the Department of Commerce the Division of Consumer
49
Protection.
50
(2)The division shall administer and enforce the following:
51
(a)Chapter 10a, Music Licensing Practices Act;
52
(b)Chapter 11, Utah Consumer Sales Practices Act;
53
(c)Chapter 15, Business Opportunity Disclosure Act;
54
(d)Chapter 20, New Motor Vehicle Warranties Act;
55
(e)Chapter 21, Credit Services Organizations Act;
56
(f)Chapter 22, Charitable Solicitations Act;
57
(g)Chapter 23, Health Spa Services Protection Act;
58
(h)Chapter 25a, Telephone and Facsimile Solicitation Act;
59
(i)Chapter 26, Telephone Fraud Prevention Act;
60
(j)Chapter 28, Prize Notices Regulation Act;
61
(k)Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
62
Transaction Information Act;
63
(l)Chapter 34, Utah Postsecondary School and State Authorization Act;
64
(m)Chapter 41, Price Controls During Emergencies Act;
65
(n)Chapter 42, Uniform Debt-Management Services Act;
66
(o)Chapter 49, Immigration Consultants Registration Act;
67
(p)Chapter 51, Transportation Network Company Registration Act;
68
(q)Chapter 52, Residential Solar Energy Disclosure Act;
69
(r)Chapter 53, Residential, Vocational and Life Skills Program Act;
70
(s)Chapter 54, Ticket Website Sales Act;
71
(t)Chapter 56, Ticket Transferability Act;
72
(u)Chapter 57, Maintenance Funding Practices Act;
73
(v)Chapter 61, Utah Consumer Privacy Act;
74
(w)Chapter 63, Utah Social Media Regulation Act;
75
(x)Chapter 64, Vehicle Value Protection Agreement Act;
76
(y)Chapter 65, Utah Commercial Email Act;
77
(z)Chapter 67, Online Dating Safety Act; and
78
(aa)Chapter 68, Lawyer Referral Consultants Registration Act . ; and
79
(bb) Chapter 71, Utah Minor Protection in Social Media Act.

80

83
Chapter
81
71. UTAH MINOR PROTECTION IN SOCIAL MEDIA ACTPart
82
1. General Provisions
80
Section 2, Section 13-71-101 is enacted to read:
83
13-71-101 (Effective 10/01/24). Definitions.
84
(1) "Account holder" means a person who has, creates, or opens an account or profile to use
85
a social media service.
86
(2) "Age assurance system" means measures reasonably calculated to enable a social media
87
company to identify whether a current or prospective Utah account holder is a minor
88
with an accuracy rate of at least 95%.
89
(3) "Connected account" means an account on the social media service that is directly
90
connected to:
91
(a) the minor account holder's account; or
92
(b) an account that is directly connected to an account directly connected to the minor
93
account holder's account.
94
(4) "Content" means any information, visual depictions, tools, features, links, software, or
95
other materials that appear on or are available or enabled through a social media service.
96
(5) "Directly connected" means an account on the social media service that is connected to
97
another account by:
98
(a) sending a request to connect to another account holder and having the request to
99
connect accepted by the other account holder; or
100
(b) receiving a request to connect from another account holder and accepting the request
101
to connect.
102
(6) "Director" means the director of the division.
103
(7) "Division" means the Division of Consumer Protection created in Section 13-2-1.
104
(8) "Minor" means an individual under 18 years old that:
105
(a) has not been emancipated as that term is defined in Section 80-7-102; or
106
(b) has not been married.
107
(9) "Parent" includes a legal guardian.
108
(10) (a) "Personal information" means information that is linked or can be reasonably
109
linked to an identified individual or an identifiable individual.
110
(b) "Personal information" includes a person's:
111
(i) first and last name;
112
(ii) date of birth;
113
(iii) home or physical address, including street name and city;
114
(iv) screen or user name that reveals an individual's email address, first name, or last
115
name;
116
(v) telephone number;
117
(vi) Social Security number;
118
(vii) photograph, video, or audio file containing a person's image or voice;
119
(viii) geolocation information sufficient to identify street name and city; and
120
(ix) any other identifier that a person may use to contact a specific individual.
121
(11) "Push notification" means an automatic electronic message displayed on an account
122
holder's device, when the user interface for the social media service is not actively open
123
or visible on the device, that prompts the account holder to repeatedly check and engage
124
with the social media service.
125
(12) "Resident" means the same as that term is defined in Section 53-3-102.
126
(13) "Social media company" means an entity that owns or operates a social media service.
127
(14) (a) "Social media service" means a public website or application that:
128
(i) displays content that is primarily generated by account holders and not by the
129
social media company;
130
(ii) permits an individual to register as an account holder and create a profile that is
131
made visible to the general public or a set of other users defined by the account
132
holder;
133
(iii) connects account holders to allow users to interact socially with each other
134
within the website or application;
135
(iv) makes available to each account holder a list or lists of other account holders
136
with whom the account holder shares a connection within the system; and
137
(v) allows account holders to post content viewable by other users.
138
(b) "Social media service" does not include:
139
(i) email;
140
(ii) cloud storage; or
141
(iii) document viewing, sharing, or collaboration services.
142
(15) "User" means an individual who accesses or uses a social media service.
143
(16) (a) "Utah account holder" means a person who is a Utah resident and an account
144
holder.
145
(b) "Utah account holder" includes a Utah minor account holder.
146
(17) "Utah minor account holder" means a Utah account holder who is a minor.
147
(18) "Verifiable parental consent" means authorization from a parent for a social media
148
service to collect, use, and disclose personal information of a Utah minor account
149
holder, that complies with the following verifiability requirements:
150
(a) the social media service shall provide advance notice to the parent describing
151
information practices related to the minor account holder's personal information; and
152
(b) the social media service shall receive confirmation that the parent received the notice
153
described in Subsection (18)(a).

154

155

154
Section 3, Section 13-71-102 is enacted to read:
155
13-71-102 (Effective 10/01/24). Legislative findings. The Legislature finds that:
157
(1) the state has a compelling interest in safeguarding the well-being and privacy of minors
158
in the state;
159
(2) the proliferation of social media services has led to the widespread collection and
160
utilization of personal information, exposing minors to potential privacy and identity
161
related harms;
162
(3) the addictive design features of certain social media services contribute to excessive use
163
of a social media service by minors, impacting sleep patterns, academic performance,
164
and overall health;
165
(4) social media services are designed without sufficient tools to allow adequate parental
166
oversight, exposing minors to risks that could be mitigated with proper parental
167
involvement and control;
168
(5) the state has enacted safeguards around products and activities that pose risks to minors,
169
including regulations on motor vehicles, medications, and products and services targeted
170
to children;
171
(6) prolonged and unregulated social media use has been linked to adverse effects on the
172
mental health of minors, including increased rates of anxiety, depression, and social
173
isolation;
174
(7) existing measures employed by social media companies to protect minors have proven
175
insufficient; and
176
(8) the state should ensure that minors' personal data is given special protection, as minors
177
may have less awareness of the risks, consequences, and safeguards related to a social
178
media company's processing of minors' personal data.

179

181
Part
180
2. General Requirements
179
Section 4, Section 13-71-201 is enacted to read:
181
13-71-201 (Effective 10/01/24). Age assurance required.
182
(1) A social media company shall implement an age assurance system to determine whether
183
a current or prospective Utah account holder on the social media company's social media
184
service is a minor.
185
(2) A Utah account holder that the social media company identifies as a minor through the
186
use of an age assurance system is subject to the requirements in Sections 13-71-202 and
187
13-71-203 .
188
(3) A social media company shall:
189
(a) implement a review process allowing account holders to appeal the account holder's
190
age designation by submitting documentary evidence to establish the account holder's
191
age range; and
192
(b) review evidence submitted by the account holder and make a determination within
193
30 days of submission of the evidence.
194
(4) A social media company shall segregate any personal information gathered specifically
195
within the age assurance system and shall not use the personal information for any other
196
purposes except for the purposes listed in Subsections 13-71-204(4)(a) through (f).

197

198

197
Section 5, Section 13-71-202 is enacted to read:
198
13-71-202 (Effective 10/01/24). Requirements for Utah minor account holders. A social media company shall, for Utah minor account holders on the social media
200
service:
201
(1) set default privacy settings to prioritize maximum privacy, including settings that:
202
(a) restrict the visibility of a Utah minor account holder's account to only connected
203
accounts;
204
(b) limit the Utah minor account holder's ability to share content to only connected
205
accounts;
206
(c) restrict any data collection and sale of data from a Utah minor account holder's
207
account that is not required for core functioning of the social media service;
208
(d) disable search engine indexing of Utah minor account holder profiles;
209
(e) restrict a Utah minor account holder's direct messaging capabilities to only allow
210
direct messaging to connected accounts; and
211
(f) allow a Utah minor account holder to download a file with all information associated
212
with the Utah minor account holder's account;
213
(2) implement and maintain reasonable security measures, including data encryption, to
214
protect the confidentiality, security, and integrity of personal information collected from
215
a Utah minor account holder;
216
(3) provide an easily accessible and understandable notice that:
217
(a) describes any information the social media company collects from a Utah minor
218
account holder; and
219
(b) explains how the information may be used or disclosed;
220
(4) upon request of a Utah minor account holder:
221
(a) delete the personal information of the Utah minor account holder, unless the
222
information is required to be retained under Section 13-61-203, or a different
223
provision of state or federal law; and
224
(b) remove any information or material the Utah minor account holder made publicly
225
available through the social media service; and
226
(5) disable the following features that prolong user engagement:
227
(a) autoplay functions that continuously play content without user interaction;
228
(b) scroll or pagination that loads additional content as long as the user continues
229
scrolling; and
230
(c) push notifications prompting repeated user engagement.

231

232

231
Section 6, Section 13-71-203 is enacted to read:
232
13-71-203 (Effective 10/01/24). Supervisory tools.
233
(1) A social media company shall offer supervisory tools for a Utah minor account holder
234
that the Utah minor account holder may decide to activate.
235
(2) The supervisory tools described in Subsection (1) shall include capabilities for an
236
individual selected by the Utah minor account holder to:
237
(a) set time limits for the Utah minor account holder's daily social media service usage
238
across devices;
239
(b) schedule mandatory breaks for the Utah minor account holder during selected days
240
and times across devices;
241
(c) view:
242
(i) data detailing the Utah minor account holder's total and average daily time spent
243
on the social media service across devices;
244
(ii) a list of connected accounts;
245
(iii) a list of accounts blocked by the Utah minor account holder;
246
(iv) the Utah minor account holder's:
247
(A) privacy settings;
248
(B) content sensitivity settings; and
249
(C) direct messaging settings and permissions; and
250
(d) receive notifications when the Utah minor account holder changes an account setting
251
described in this Subsection (2).

252

253

252
Section 7, Section 13-71-204 is enacted to read:
253
13-71-204 (Effective 10/01/24). Parental consent -- Data privacy for Utah minor
254
accounts.
255
(1) A social media company may not allow a Utah minor account holder to change the
256
default data privacy setting described in Subsection 13-71-202(1) without first obtaining
257
verifiable parental consent.
258
(2) A social media company's terms of service related to a Utah minor account holder shall
259
be presumed to include an assurance of confidentiality for the Utah minor account
260
holder's personal information.
261
(3) The presumption of confidentiality in Subsection (2) may be overcome if the social
262
media company obtains verifiable parental consent.
263
(4) The presumption of confidentiality in Subsection (2) does not apply to a social media
264
company's internal use or external sharing of a Utah minor account holder's personal
265
information if the use or sharing is necessary to:
266
(a) maintain or analyze functioning of the social media service;
267
(b) enable network communications;
268
(c) personalize the user's experience based on the user's age and location;
269
(d) display a username chosen by the Utah minor account holder;
270
(e) obtain age assurance information as required under Section 13-71-201; or
271
(f) comply with the requirements of this chapter or other federal or state laws.

272

274
Part
273
3. Division Enforcement Powers
272
Section 8, Section 13-71-301 is enacted to read:
274
13-71-301 (Effective 10/01/24). Enforcement powers.
275
(1) The division shall administer and enforce the provisions of Part 2, General
276
Requirements, in accordance with Chapter 2, Division of Consumer Protection.
277
(2) The attorney general, upon request, shall give legal advice to, and act as counsel for, the
278
division in the exercise of the division's responsibilities under this part.
279
(3) (a) In addition to the division's enforcement powers under Chapter 2, Division of
280
Consumer Protection:
281
(i) the division director may impose an administrative fine of up to $2,500 for each
282
violation of this chapter; and
283
(ii) the division may bring an action in court to enforce a provision of this chapter.
284
(b) In a court action by the division to enforce a provision of this chapter, the court may:
285
(i) declare that the act or practice violates a provision of this chapter;
286
(ii) enjoin actions that violate this chapter;
287
(iii) order disgorgement of any money received in violation of this chapter;
288
(iv) order payment of disgorged money to an injured purchaser or consumer;
289
(v) impose a civil penalty of up to $2,500 for each violation of this chapter;
290
(vi) award actual damages to an injured purchaser or consumer; and
291
(vii) award any other relief that the court deems reasonable and necessary.
292
(c) If a court grants judgment or injunctive relief to the division, the court shall award
293
the division:
294
(i) reasonable attorney fees;
295
(ii) court costs; and
296
(iii) investigative fees.
297
(4) (a) A person who violates an administrative or court order issued for a violation of
298
this chapter is subject to a civil penalty of no more than $5,000 for each violation.
299
(b) A civil penalty authorized under this section may be imposed in any civil action
300
brought by the division, or by the attorney general on behalf of the division.
301
(5) All money received for the payment of a fine or civil penalty imposed under this section
302
shall be deposited into the Consumer Protection Education and Training Fund
303
established in Section 13-2-8.

304

305

304
Section 9, Section 13-71-302 is enacted to read:
305
13-71-302 (Effective 10/01/24). Age assurance and verifiable parental consent
306
safe harbor.
307
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
308
division shall make rules:
309
(a) to establish processes and means by which a social media company may:
310
(i) assure whether an account holder is a minor in accordance with Section 13-71-201;
311
and
312
(ii) obtain verifiable parental consent in accordance with Section 13-71-203; and
313
(b) to establish criteria a social media company may use to determine whether the social
314
media company's age assurance system is 95% accurate.
315
(2) A social media company is not subject to an enforcement action for a violation of
316
Section 13-71-201 if the social media company implements and maintains an age
317
assurance system that complies with rules made by the division as described in
318
Subsection (1)(a)(i).
319
(3) A social media company is considered to have obtained verifiable parental consent if
320
the social media company obtains parental consent through a mechanism that complies
321
with the rules made by the division as described in Subsection (1)(a)(ii).

322

324
Part
323
4. Severability
322
Section 10, Section 13-71-401 is enacted to read:
324
13-71-401 (Effective 10/01/24). Severability.
325
(1) If any provision of this chapter or the application of any provision to any person or
326
circumstance is held invalid by a final decision of a court of competent jurisdiction, the
327
remainder of this chapter shall be given effect without the invalid provision or
328
application.
329
(2) The provisions of this chapter are severable.
330
(3) Nothing in this chapter shall displace any other available remedies or rights authorized
331
under the laws of this state or the United States.

332

332
Section 11. Effective date. This bill takes effect on October 1, 2024.

334

334
Section 12. Coordinating S.B. 194 with H.B. 464. If S.B. 194, Social Media Regulation Amendments, and H.B. 464, Social Media
336
Amendments, both pass and become law, the Legislature intends that, on October 1,
337
2024:
338
 (1) Subsection 78B-3-1101(1) enacted in H.B. 464 be amended to read:
339
 "(1) "Account holder" means the same as that term is defined in Section 13-71-101.";
340
 (2) Subsection 78B-3-1101(4) enacted in H.B. 464 be amended to read:
341
 "(4) "Content" means the same as that term is defined in Section 13-71-101.";
342
 (3) Subsection 78B-3-1101(8) enacted in H.B. 464 be amended to read:
343
 "(8) "Minor" means the same as that term is defined in Section 13-71-101."; and
344
 (4) Subsections 78B-3-1101(12) through (16) enacted in H.B. 464 be amended to
345
read:
346
 "(12) "Social media company" means the same as that term is defined in Section
347
13-71-101 .
348
 (13) "Social media service" means the same as that term is defined in Section
349
13-71-101 .
350
 (14) "User" means the same as that term is defined in Section 13-71-101.
351
 (15) "Utah account holder" means the same as that term is defined in Section
352
13-71-101 .
353
 (16) "Utah minor account holder" means the same as that term is defined in Section
354
13-71-101 .".
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
2/5/2024 Bill Numbered but not DistributedLegislative Research and General Counsel
2/5/2024 Numbered Bill Publicly DistributedLegislative Research and General Counsel
2/5/2024 Senate/ received bill from Legislative ResearchWaiting for Introduction in the Senate
2/5/2024 Senate/ 1st reading (Introduced)Senate Rules Committee
2/6/2024 Senate/ to standing committeeSenate Business and Labor Committee
2/12/2024 Senate/ received fiscal note from Fiscal AnalystSenate Business and Labor Committee
2/14/2024 Senate Comm - Substitute Recommendation from # 0 to # 1Senate Business and Labor Committee6 0 2
2/14/2024 Senate Comm - Favorable RecommendationSenate Business and Labor Committee7 0 1
2/15/2024 (10:25:36 AM)Senate/ comm rpt/ substitutedSenate Business and Labor Committee
2/15/2024 (10:25:37 AM)Senate/ placed on 2nd Reading CalendarSenate 2nd Reading Calendar
2/16/2024 (3:50:04 PM)Senate/ 2nd readingSenate 2nd Reading Calendar
2/16/2024 (3:50:16 PM)Senate/ circledSenate 2nd Reading CalendarVoice vote
2/20/2024 (3:16:42 PM)Senate/ uncircledSenate 2nd Reading CalendarVoice vote
2/20/2024 (3:17:23 PM)Senate/ floor amendment # 1Senate 2nd Reading CalendarVoice vote
2/20/2024 (3:27:59 PM)Senate/ passed 2nd readingSenate 3rd Reading Calendar28 0 1
2/21/2024 (11:06:20 AM)Senate/ 3rd readingSenate 3rd Reading Calendar
2/21/2024 (11:09:45 AM)Senate/ passed 3rd readingClerk of the House21 1 7
2/21/2024 (11:09:46 AM)Senate/ to HouseClerk of the House
2/21/2024 House/ received from SenateClerk of the House
2/21/2024 House/ 1st reading (Introduced)House Rules Committee
2/22/2024 House/ to standing committeeHouse Judiciary Committee
2/26/2024 House Comm - Favorable RecommendationHouse Judiciary Committee11 0 1
2/26/2024 House/ committee report favorableHouse Judiciary Committee
2/26/2024 House/ return to Rules due to fiscal impactHouse Rules Committee
2/27/2024 House/ Rules to 3rd Reading CalendarHouse 3rd Reading Calendar for Senate bills
2/27/2024 (8:02:02 PM)House/ 2nd readingHouse 3rd Reading Calendar for Senate bills
2/28/2024 LFA/ fiscal note sent to sponsorHouse 3rd Reading Calendar for Senate bills
2/28/2024 (11:19:58 AM)House/ 3rd readingHouse 3rd Reading Calendar for Senate bills
2/28/2024 (11:20:22 AM)House/ circledHouse 3rd Reading Calendar for Senate billsVoice vote
2/28/2024 Senate/ to Printing with fiscal noteHouse 3rd Reading Calendar for Senate bills
2/28/2024 (4:40:54 PM)House/ uncircledHouse 3rd Reading Calendar for Senate billsVoice vote
2/28/2024 (4:41:32 PM)House/ substituted from # 1 to # 2House 3rd Reading Calendar for Senate billsVoice vote
2/28/2024 (4:42:09 PM)House/ floor amendment # 1House 3rd Reading Calendar for Senate billsVoice vote
2/28/2024 (4:45:39 PM)House/ passed 3rd readingSenate Secretary61 11 3
2/28/2024 (4:45:41 PM)House/ to SenateSenate Secretary
2/28/2024 (6:14:14 PM)Senate/ received from HouseSenate Secretary
2/28/2024 (6:14:15 PM)Senate/ placed on Concurrence CalendarSenate Concurrence Calendar
2/28/2024 (7:40:54 PM)Senate/ concurs with House amendmentHouse Speaker26 0 3
2/28/2024 (7:40:55 PM)Senate/ to HouseHouse Speaker
2/28/2024 House/ received from SenateHouse Speaker
2/28/2024 House/ signed by Speaker/ returned to SenateSenate President
2/28/2024 House/ to SenateSenate President
2/29/2024 Senate/ received from HouseSenate President
2/29/2024 Senate/ signed by President/ sent for enrollingLegislative Research and General Counsel / Enrolling
2/29/2024 Bill Received from Senate for EnrollingLegislative Research and General Counsel / Enrolling
2/29/2024 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/8/2024 Enrolled Bill Returned to House or SenateSenate Secretary
3/8/2024 Senate/ enrolled bill to PrintingSenate Secretary
3/12/2024 Senate/ received enrolled bill from PrintingSenate Secretary
3/12/2024 Senate/ to GovernorExecutive Branch - Governor
3/13/2024 Governor SignedLieutenant Governor's office for filing