1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to age assurance and protecting minors in the Utah
10 Minor Protection in Social Media Act (Act).
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires social media companies to verify a new account holder's age using an
15 approved system;
16 ▸ requires a social media service to:
17 • enable maximum default privacy settings on a Utah minor account holder's
18 account;
19 • provide supervisory tools and verifiable parental consent mechanisms on a Utah
20 minor account holder's account; and
21 • provide confidentiality protections for minors' data;
22 ▸ establishes the Division of Consumer Protection's enforcement powers relating to
23 the Act;
24 ▸ provides compliance safe harbors when social media companies implement
25 approved systems for age assurance and verifiable parental consent; and
26 ▸ contains a severability clause.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 This bill provides a special effective date.
31 This bill provides a coordination clause.
32 Utah Code Sections Affected:
33 AMENDS:
34 13-2-1 (Effective 05/02/24), as last amended by Laws of Utah 2023, Chapters 31, 36,
35 377, 458, 477, 498, 509, and 536
36 ENACTS:
37 13-71-101, Utah Code Annotated 1953
38 13-71-102, Utah Code Annotated 1953
39 13-71-201, Utah Code Annotated 1953
40 13-71-202, Utah Code Annotated 1953
41 13-71-203, Utah Code Annotated 1953
42 13-71-204, Utah Code Annotated 1953
43 13-71-301, Utah Code Annotated 1953
44 13-71-302, Utah Code Annotated 1953
45 13-71-401, Utah Code Annotated 1953
46 Utah Code Sections Affected By Coordination Clause:
47 78B-3-1101, Utah Code Annotated 1953
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 13-2-1 (Effective 05/02/24) is amended to read:
51 13-2-1 (Effective 05/02/24). Consumer protection division established --
52 Functions.
53 (1) There is established within the Department of Commerce the Division of Consumer
54 Protection.
55 (2) The division shall administer and enforce the following:
56 (a) Chapter 10a, Music Licensing Practices Act;
57 (b) Chapter 11, Utah Consumer Sales Practices Act;
58 (c) Chapter 15, Business Opportunity Disclosure Act;
59 (d) Chapter 20, New Motor Vehicle Warranties Act;
60 (e) Chapter 21, Credit Services Organizations Act;
61 (f) Chapter 22, Charitable Solicitations Act;
62 (g) Chapter 23, Health Spa Services Protection Act;
63 (h) Chapter 25a, Telephone and Facsimile Solicitation Act;
64 (i) Chapter 26, Telephone Fraud Prevention Act;
65 (j) Chapter 28, Prize Notices Regulation Act;
66 (k) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
67 Transaction Information Act;
68 (l) Chapter 34, Utah Postsecondary School and State Authorization Act;
69 (m) Chapter 41, Price Controls During Emergencies Act;
70 (n) Chapter 42, Uniform Debt-Management Services Act;
71 (o) Chapter 49, Immigration Consultants Registration Act;
72 (p) Chapter 51, Transportation Network Company Registration Act;
73 (q) Chapter 52, Residential Solar Energy Disclosure Act;
74 (r) Chapter 53, Residential, Vocational and Life Skills Program Act;
75 (s) Chapter 54, Ticket Website Sales Act;
76 (t) Chapter 56, Ticket Transferability Act;
77 (u) Chapter 57, Maintenance Funding Practices Act;
78 (v) Chapter 61, Utah Consumer Privacy Act;
79 (w) Chapter 63, Utah Social Media Regulation Act;
80 (x) Chapter 64, Vehicle Value Protection Agreement Act;
81 (y) Chapter 65, Utah Commercial Email Act;
82 (z) Chapter 67, Online Dating Safety Act; [
83 (aa) Chapter 68, Lawyer Referral Consultants Registration Act[
84 (bb) Chapter 71, Utah Minor Protection in Social Media Act.
85 Section 2. Section 13-71-101 is enacted to read:
86
87
88 13-71-101. Definitions.
89 (1) "Account holder" means a person who has, creates, or opens an account or profile
90 to use a social media service.
91 (2) "Age assurance system" means measures reasonably calculated to enable a social
92 media company to identify whether a current or prospective Utah account holder is a minor
93 with an accuracy rate of at least 95%.
94 (3) "Connected account" means an account on the social media service that is directly
95 connected to:
96 (a) the minor account holder's account; or
97 (b) an account that is directly connected to an account directly connected to the minor
98 account holder's account.
99 (4) "Content" means any information, visual depictions, tools, features, links, software,
100 or other materials that appear on or are available or enabled through a social media service.
101 (5) "Directly connected" means an account on the social media service that is
102 connected to another account by:
103 (a) sending a request to connect to another account holder and having the request to
104 connect accepted by the other account holder; or
105 (b) receiving a request to connect from another account holder and accepting the
106 request to connect.
107 (6) "Director" means the director of the division.
108 (7) "Division" means the Division of Consumer Protection created in Section 13-2-1.
109 (8) "Minor" means an individual under 18 years old that:
110 (a) has not been emancipated as that term is defined in Section 80-7-102; or
111 (b) has not been married.
112 (9) "Parent" includes a legal guardian.
113 (10) (a) "Personal information" means information that is linked or can be reasonably
114 linked to an identified individual or an identifiable individual.
115 (b) "Personal information" includes a person's:
116 (i) first and last name;
117 (ii) date of birth;
118 (iii) home or physical address, including street name and city;
119 (iv) screen or user name that reveals an individual's email address, first name, or last
120 name;
121 (v) telephone number;
122 (vi) Social Security number;
123 (vii) photograph, video, or audio file containing a person's image or voice;
124 (viii) geolocation information sufficient to identify street name and city; and
125 (ix) any other identifier that a person may use to contact a specific individual.
126 (11) "Resident" means the same as that term is defined in Section 53-3-102.
127 (12) "Social media company" means an entity that owns or operates a social media
128 service.
129 (13) (a) "Social media service" means a public website or application that:
130 (i) displays content that is primarily generated by account holders and not by the social
131 media company;
132 (ii) permits an individual to register as an account holder and create a profile that is
133 made visible to the general public or a set of other users defined by the account holder;
134 (iii) connects account holders to allow users to interact socially with each other within
135 the website or application;
136 (iv) makes available to each account holder a list or lists of other account holders with
137 whom the account holder shares a connection within the system; and
138 (v) allows account holders to post content viewable by other users.
139 (b) "Social media service" does not include:
140 (i) email;
141 (ii) cloud storage; or
142 (iii) document viewing, sharing, or collaboration services.
143 (14) "User" means an individual who accesses or uses a social media service.
144 (15) (a) "Utah account holder" means a person who is a Utah resident and an account
145 holder.
146 (b) "Utah account holder" includes a Utah minor account holder.
147 (16) "Utah minor account holder" means a Utah account holder who is a minor.
148 (17) "Verifiable parental consent" means authorization from a parent for a social media
149 service to collect, use, and disclose personal information of a Utah minor account holder, that
150 complies with the following verifiability requirements:
151 (a) the social media service shall provide advance notice to the parent describing
152 information practices related to the minor account holder's personal information; and
153 (b) the social media service shall receive confirmation that the parent received the
154 notice described in Subsection (17)(a).
155 Section 3. Section 13-71-102 is enacted to read:
156 13-71-102. Legislative findings.
157 The Legislature finds that:
158 (1) the state has a compelling interest in safeguarding the well-being and privacy of
159 minors in the state;
160 (2) the proliferation of social media services has led to the widespread collection and
161 utilization of personal information, exposing minors to potential privacy and identity related
162 harms;
163 (3) the addictive design features of certain social media services contribute to excessive
164 use of a social media service by minors, impacting sleep patterns, academic performance, and
165 overall health;
166 (4) social media services are designed without sufficient tools to allow adequate
167 parental oversight, exposing minors to risks that could be mitigated with proper parental
168 involvement and control;
169 (5) the state has enacted safeguards around products and activities that pose risks to
170 minors, including regulations on motor vehicles, medications, and products and services
171 targeted to children;
172 (6) prolonged and unregulated social media use has been linked to adverse effects on
173 the mental health of minors, including increased rates of anxiety, depression, and social
174 isolation;
175 (7) existing measures employed by social media companies to protect minors have
176 proven insufficient; and
177 (8) the state should ensure that minors' personal data is given special protection, as
178 minors may have less awareness of the risks, consequences, and safeguards related to a social
179 media company's processing of minors' personal data.
180 Section 4. Section 13-71-201 is enacted to read:
181
182 13-71-201. Age assurance required.
183 (1) A social media company shall implement an age assurance system to determine
184 whether a current or prospective Utah account holder on the social media company's social
185 media service is a minor.
186 (2) A Utah account holder that the social media company identifies as a minor through
187 the use of an age assurance system is subject to the requirements in Sections 13-71-202 and
188 13-71-203.
189 (3) A social media company shall:
190 (a) implement a review process allowing account holders to appeal the account holder's
191 age designation by submitting documentary evidence to establish the account holder's age
192 range; and
193 (b) review evidence submitted by the account holder and make a determination within
194 30 days of submission of the evidence.
195 (4) A social media company shall segregate any personal information gathered
196 specifically within the age assurance system and shall not use the personal information for any
197 other purposes except for the purposes listed in Subsections 13-71-204(4)(a) through (g).
198 Section 5. Section 13-71-202 is enacted to read:
199 13-71-202. Requirements for Utah minor account holders.
200 A social media company shall, for Utah minor account holders on the social media
201 service:
202 (1) set default privacy settings to prioritize maximum privacy, including settings that:
203 (a) restrict the visibility of a Utah minor account holder's account to only connected
204 accounts;
205 (b) limit the Utah minor account holder's ability to share content to only connected
206 accounts;
207 (c) restrict any data collection and sale of data from a Utah minor account holder's
208 account that is not required for core functioning of the social media service;
209 (d) disable search engine indexing of Utah minor account holder profiles;
210 (e) restrict a Utah minor account holder's direct messaging capabilities to only allow
211 direct messaging to connected accounts; and
212 (f) allow a Utah minor account holder to download a file with all information
213 associated with the Utah minor account holder's account;
214 (2) implement and maintain reasonable security measures, including data encryption, to
215 protect the confidentiality, security, and integrity of personal information collected from a Utah
216 minor account holder;
217 (3) provide an easily accessible and understandable notice that:
218 (a) describes any information the social media company collects from a Utah minor
219 account holder; and
220 (b) explains how the information may be used or disclosed;
221 (4) upon request of a Utah minor account holder:
222 (a) delete the personal information of the Utah minor account holder, unless the
223 information is required to be retained under Section 13-61-203, or a different provision of state
224 or federal law; and
225 (b) remove any information or material the Utah minor account holder made publicly
226 available through the social media service; and
227 (5) disable the following features that prolong user engagement:
228 (a) autoplay functions that continuously play content without user interaction;
229 (b) scroll or pagination that loads additional content as long as the user continues
230 scrolling; and
231 (c) except for direct messages from connected accounts, push notifications prompting
232 repeated user engagement.
233 Section 6. Section 13-71-203 is enacted to read:
234 13-71-203. Supervisory tools.
235 (1) A social media company shall offer supervisory tools for a Utah minor account
236 holder that the Utah minor account holder may decide to activate.
237 (2) The supervisory tools described in Subsection (1) shall include capabilities for an
238 individual selected by the Utah minor account holder to:
239 (a) set time limits for the Utah minor account holder's daily social media service usage
240 across devices;
241 (b) schedule mandatory breaks for the Utah minor account holder during selected days
242 and times across devices;
243 (c) view:
244 (i) data detailing the Utah minor account holder's total and average daily time spent on
245 the social media service across devices;
246 (ii) a list of connected accounts;
247 (iii) a list of accounts blocked by the Utah minor account holder;
248 (iv) the Utah minor account holder's:
249 (A) privacy settings;
250 (B) content sensitivity settings; and
251 (C) direct messaging settings and permissions; and
252 (d) receive notifications when the Utah minor account holder changes an account
253 setting described in this Subsection (2).
254 Section 7. Section 13-71-204 is enacted to read:
255 13-71-204. Parental consent -- Data privacy for Utah minor accounts.
256 (1) A social media company may not allow a Utah minor account holder to change the
257 default data privacy setting described in Subsection 13-71-202(1) without first obtaining
258 verifiable parental consent.
259 (2) A social media company's terms of service related to a Utah minor account holder
260 shall be presumed to include an assurance of confidentiality for the Utah minor account
261 holder's personal information.
262 (3) The presumption of confidentiality in Subsection (2) may be overcome if the social
263 media company obtains verifiable parental consent.
264 (4) The presumption of confidentiality in Subsection (2) does not apply to a social
265 media company's internal use or external sharing of a Utah minor account holder's personal
266 information if the use or sharing is necessary to:
267 (a) maintain or analyze functioning of the social media service;
268 (b) enable network communications;
269 (c) personalize the user's experience based on the user's age and location;
270 (d) display a username chosen by the Utah minor account holder;
271 (e) obtain age assurance information as required under Section 13-71-201; or
272 (f) comply with the requirements of this chapter or other federal or state laws.
273 Section 8. Section 13-71-301 is enacted to read:
274
275 13-71-301. Enforcement powers.
276 (1) The division shall administer and enforce the provisions of Part 2, General
277 Requirements, in accordance with Chapter 2, Division of Consumer Protection.
278 (2) The attorney general, upon request, shall give legal advice to, and act as counsel
279 for, the division in the exercise of the division's responsibilities under this part.
280 (3) (a) In addition to the division's enforcement powers under Chapter 2, Division of
281 Consumer Protection:
282 (i) the division director may impose an administrative fine of up to $2,500 for each
283 violation of this chapter; and
284 (ii) the division may bring an action in court to enforce a provision of this chapter.
285 (b) In a court action by the division to enforce a provision of this chapter, the court
286 may:
287 (i) declare that the act or practice violates a provision of this chapter;
288 (ii) enjoin actions that violate this chapter;
289 (iii) order disgorgement of any money received in violation of this chapter;
290 (iv) order payment of disgorged money to an injured purchaser or consumer;
291 (v) impose a civil penalty of up to $2,500 for each violation of this chapter;
292 (vi) award actual damages to an injured purchaser or consumer; and
293 (vii) award any other relief that the court deems reasonable and necessary.
294 (c) If a court grants judgment or injunctive relief to the division, the court shall award
295 the division:
296 (i) reasonable attorney fees;
297 (ii) court costs; and
298 (iii) investigative fees.
299 (4) (a) A person who violates an administrative or court order issued for a violation of
300 this chapter is subject to a civil penalty of no more than $5,000 for each violation.
301 (b) A civil penalty authorized under this section may be imposed in any civil action
302 brought by the division, or by the attorney general on behalf of the division.
303 (5) All money received for the payment of a fine or civil penalty imposed under this
304 section shall be deposited into the Consumer Protection Education and Training Fund
305 established in Section 13-2-8.
306 Section 9. Section 13-71-302 is enacted to read:
307 13-71-302. Age assurance and verifiable parental consent safe harbor.
308 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
309 division shall make rules:
310 (a) to establish processes and means by which a social media company may:
311 (i) assure whether an account holder is a minor in accordance with Section 13-71-201;
312 and
313 (ii) obtain verifiable parental consent in accordance with Section 13-71-203; and
314 (b) to establish criteria a social media company may use to determine whether the
315 social media company's age assurance system is 95% accurate.
316 (2) A social media company is not subject to an enforcement action for a violation of
317 Section 13-71-201 if the social media company implements and maintains an age assurance
318 system that complies with rules made by the division as described in Subsection (1)(a)(i).
319 (3) A social media company is considered to have obtained verifiable parental consent
320 if the social media company obtains parental consent through a mechanism that complies with
321 the rules made by the division as described in Subsection (1)(a)(ii).
322 Section 10. Section 13-71-401 is enacted to read:
323 13-71-401. Severability.
324 (1) If any provision of this chapter or the application of any provision to any person or
325 circumstance is held invalid by a final decision of a court of competent jurisdiction, the
326 remainder of this chapter shall be given effect without the invalid provision or application.
327 (2) The provisions of this chapter are severable.
328 (3) Nothing in this chapter shall displace any other available remedies or rights
329 authorized under the laws of this state or the United States.
330 Section 11. Effective date.
331 This bill takes effect on October 1, 2024.
332 Section 12. Coordinating S.B. 194 with H.B. 464.
333 If S.B. 194, Social Media Regulation Amendments, and H.B. 464, Social Media
334 Amendments, both pass and become law, the Legislature intends that, on October 1, 2024:
335 (1) Subsection 78B-3-1101(1) enacted in H.B. 464 be amended to read:
336 "(1) "Account holder" means the same as that term is defined in Section 13-71-101.";
337 (2) Subsection 78B-3-1101(4) enacted in H.B. 464 be amended to read:
338 "(4) "Content" means the same as that term is defined in Section 13-71-101.";
339 (3) Subsection 78B-3-1101(8) enacted in H.B. 464 be amended to read:
340 "(8) "Minor" means the same as that term is defined in Section 13-71-101."; and
341 (4) Subsections 78B-3-1101(12) through (16) enacted in H.B. 464 be amended to read:
342 "(12) "Social media company" means the same as that term is defined in Section
343 13-71-101.
344 (13) "Social media service" means the same as that term is defined in Section
345 13-71-101.
346 (14) "User" means the same as that term is defined in Section 13-71-101.
347 (15) "Utah account holder" means the same as that term is defined in Section
348 13-71-101.
349 (16) "Utah minor account holder" means the same as that term is defined in Section
350 13-71-101.".