Bill Text: IA SF2219 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of access to obscene material by minors on social media platforms, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-07 - Subcommittee: Koelker, Dotzler, and Gruenhagen. S.J. 238. [SF2219 Detail]
Download: Iowa-2023-SF2219-Introduced.html
Senate
File
2219
-
Introduced
SENATE
FILE
2219
BY
PETERSEN
A
BILL
FOR
An
Act
relating
to
the
regulation
of
access
to
obscene
material
1
by
minors
on
social
media
platforms,
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
659B.1
Definitions.
1
As
used
in
this
chapter,
unless
context
otherwise
requires:
2
1.
“Child
pornography”
means
the
same
as
defined
in
18
3
U.S.C.
§2256.
4
2.
“Child
sexual
abuse
material”
means
any
of
the
following:
5
a.
Child
pornography.
6
b.
Obscene
material
that
depicts
a
minor
personally
engaging
7
in,
or
personally
simulating,
sexual
conduct.
8
3.
“Identifiable
minor”
means
the
same
as
defined
in
18
9
U.S.C.
§2256.
10
4.
“Minor”
means
the
same
as
defined
in
18
U.S.C.
§2256.
11
5.
“Obscene
material”
means
the
same
as
defined
in
section
12
728.1.
13
6.
“Reporting
user”
means
a
natural
person
who
reports
14
material
to
a
social
media
platform
using
the
means
provided
15
by
the
social
media
platform.
16
7.
“Social
media
company”
means
a
person
or
entity
that
17
owns
or
operates
one
or
more
social
media
platforms.
“Social
18
media
company”
does
not
include
a
nonprofit
organization
exempt
19
from
federal
income
tax
pursuant
to
section
501(c)(3)
of
the
20
Internal
Revenue
Code.
21
8.
a.
“Social
media
platform”
means
a
public
or
semipublic
22
internet-based
service
or
application
that
has
users
in
this
23
state
and
that
meets
all
of
the
following
criteria:
24
(1)
(a)
A
substantial
function
of
the
service
or
25
application
is
to
connect
users
in
order
to
allow
users
26
to
interact
socially
with
each
other
within
the
service
or
27
application.
28
(b)
A
service
or
application
that
provides
electronic
mail
29
or
direct
messaging
services
shall
not
be
considered
to
meet
30
this
criterion
on
the
basis
of
that
function
alone.
31
(2)
The
service
or
application
allows
users
to
do
all
of
the
32
following:
33
(a)
Construct
a
public
or
semipublic
profile
for
purposes
of
34
signing
into
and
using
the
service
or
application.
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(b)
Populate
a
list
of
other
users
with
whom
an
individual
1
shares
a
social
connection
within
the
system.
2
(c)
Create
or
post
content
viewable
by
other
users,
3
including
on
message
boards,
in
chat
rooms,
or
through
a
4
landing
page
or
main
feed
that
presents
the
user
with
content
5
generated
by
other
users.
6
b.
“Social
media
platform”
does
not
include
any
of
the
7
following:
8
(1)
A
stand-alone
direct
messaging
service
that
provides
9
end-to-end
encrypted
communication
or
the
portion
of
a
10
multiservice
platform
that
uses
end-to-end
encrypted
11
communication.
12
(2)
An
internet-based
service
or
application
owned
or
13
operated
by
a
nonprofit
organization
exempt
from
federal
income
14
tax
pursuant
to
section
501(c)(3)
of
the
Internal
Revenue
Code.
15
Sec.
2.
NEW
SECTION
.
659B.2
Reporting
requirements.
16
A
social
media
platform
shall
do
all
of
the
following:
17
1.
Provide,
in
a
mechanism
that
is
reasonably
accessible
18
to
users,
a
means
for
a
user
who
is
a
resident
of
this
state
19
to
report
material
to
the
social
media
platform
that
the
user
20
reasonably
believes
meets
all
of
the
following
criteria:
21
a.
The
reported
material
is
child
sexual
abuse
material.
22
b.
The
reporting
user
is
an
identifiable
minor
depicted
in
23
the
reported
material.
24
c.
The
reported
material
is
displayed,
stored,
or
hosted
on
25
the
social
media
platform.
26
2.
Collect
information
reasonably
sufficient
to
enable
the
27
social
media
platform
to
contact,
pursuant
to
subsection
3,
a
28
reporting
user.
29
3.
Contact
a
reporting
user
in
writing
by
a
method,
30
including
but
not
limited
to
a
telephone
number
for
purposes
of
31
sending
text
messages
or
an
electronic
mail
address,
that
meets
32
all
of
the
following
criteria:
33
a.
The
method
is
chosen
by
the
reporting
user.
34
b.
The
method
is
not
a
method
that
is
within
the
control
of
35
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the
social
media
company
that
owns
or
operates
the
social
media
1
platform.
2
4.
a.
Permanently
block
the
instance
of
reported
material
3
from
being
viewable
on
the
social
media
platform
if
the
4
reported
material
meets
all
of
the
following
criteria:
5
(1)
There
is
a
reasonable
basis
to
believe
that
the
reported
6
material
is
child
sexual
abuse
material.
7
(2)
The
reported
material
is
displayed,
stored,
or
hosted
8
on
the
social
media
platform.
9
(3)
(a)
The
report
contains
basic
identifying
information,
10
such
as
an
account
identifier,
sufficient
to
permit
the
social
11
media
platform
to
locate
the
reported
material.
12
(b)
A
social
media
platform
shall
not
require
a
report
to
13
contain
a
specific
piece
of
information
for
purposes
of
this
14
subparagraph.
15
b.
A
social
media
platform
shall
make
reasonable
efforts
to
16
remove
and
block
other
instances
of
the
same
reported
material
17
blocked
pursuant
to
this
subsection
from
being
viewable
on
the
18
social
media
platform.
19
5.
Provide
written
confirmation
to
a
reporting
user
that
the
20
social
media
platform
received
that
person’s
report
that
meets
21
all
of
the
following
criteria:
22
a.
The
written
confirmation
is
provided
to
the
reporting
23
user
within
thirty-six
hours
of
when
the
material
was
first
24
reported.
25
b.
The
written
confirmation
is
provided
using
the
26
information
collected
from
the
reporting
user
under
subsection
27
2.
28
c.
The
written
confirmation
informs
the
reporting
user
of
29
the
schedule
of
regular
written
updates
that
the
social
media
30
platform
is
required
to
make
under
subsection
6.
31
6.
a.
Provide
a
written
update
to
the
reporting
user
as
32
to
the
status
of
the
social
media
platform’s
handling
of
the
33
reported
material
using
the
information
collected
from
the
34
reporting
user
under
subsection
2.
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b.
The
written
update
required
by
this
paragraph
shall
1
be
provided
seven
days
after
the
date
on
which
the
written
2
confirmation
required
under
subsection
5
was
provided
and
every
3
seven
days
thereafter
until
the
final
written
determination
4
required
by
subsection
7
is
provided.
5
7.
Issue
a
final
written
determination
to
the
reporting
6
user,
using
the
information
collected
from
the
reporting
user
7
under
subsection
2,
stating
one
of
the
following:
8
a.
The
reported
material
has
been
determined
to
be
child
9
sexual
abuse
material
that
was
displayed,
stored,
or
hosted
on
10
the
social
media
platform
and
has
been
blocked
on
the
social
11
media
platform.
12
b.
The
reported
material
has
been
determined
not
to
be
child
13
sexual
abuse
material.
14
c.
The
reported
material
has
been
determined
not
to
be
15
displayed,
stored,
or
hosted
on
the
social
media
platform.
16
8.
a.
Except
as
provided
in
paragraph
“b”
,
comply
with
17
this
section
no
later
than
thirty
days
after
the
date
on
which
18
material
was
first
reported
pursuant
to
this
section.
19
b.
(1)
If
the
social
media
platform
cannot
comply
with
20
this
section
due
to
circumstances
beyond
the
reasonable
control
21
of
the
social
media
platform,
the
social
media
platform
shall
22
comply
with
this
section
no
later
than
sixty
days
after
the
23
date
on
which
material
was
first
reported
pursuant
to
this
24
section.
25
(2)
If
this
paragraph
applies,
the
social
media
platform
26
shall
promptly
provide
written
notice
of
the
delay,
no
later
27
than
forty-eight
hours
from
the
time
the
social
media
platform
28
knew
the
delay
was
likely
to
occur,
to
the
reporting
user
29
using
the
information
collected
from
the
reporting
user
under
30
subsection
2.
31
Sec.
3.
NEW
SECTION
.
659B.3
Liability.
32
1.
A
social
media
company
that
fails
to
comply
with
the
33
requirements
of
this
chapter
shall
be
liable
to
a
reporting
34
user
for
all
of
the
following:
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a.
Any
actual
damages
sustained
by
the
reporting
user
as
a
1
result
of
the
violation.
2
b.
(1)
(a)
Subject
to
subparagraph
divisions
(b)
and
(c),
3
statutory
damages
of
no
more
than
two
hundred
fifty
thousand
4
dollars
per
violation.
5
(b)
If
a
social
media
platform
has
permanently
blocked
the
6
instance
of
the
reported
material
pursuant
to
section
659B.2,
7
subsection
4,
before
a
complaint
is
filed
for
a
violation
of
8
this
chapter,
the
maximum
statutory
damages
awarded
pursuant
9
to
subparagraph
division
(a)
shall
be
one
hundred
twenty-five
10
thousand
dollars
per
violation.
11
(c)
If
a
social
media
platform
meets
all
of
the
following
12
requirements,
the
maximum
statutory
damages
awarded
pursuant
to
13
subparagraph
division
(a),
for
a
violation
of
section
658B.2,
14
subsections
4,
5,
6,
and
7,
shall
be
seventy-five
thousand
15
dollars
per
violation:
16
(i)
The
social
media
platform
registers
with,
and
17
participates
in,
the
national
center
for
missing
and
exploited
18
children’s
take
it
down
service
or
service’s
successor.
19
(ii)
The
social
media
platform
receives
updated
hash
20
values
for
identified
child
sexual
abuse
material
from
the
21
national
center
for
missing
and
exploited
children’s
take
it
22
down
service,
or
the
service’s
successor,
at
least
once
every
23
thirty-six
hours.
24
(iii)
Within
thirty-six
hours
of
receiving
updated
hash
25
values
for
identified
child
sexual
abuse
material
from
the
26
national
center
for
missing
and
exploited
children’s
take
it
27
down
service,
or
service’s
successor,
pursuant
to
subparagraph
28
subdivision
(ii),
the
social
media
platform
removes
child
29
sexual
abuse
material
identified
by
hash
values
from
the
social
30
media
platform.
31
(iv)
The
social
media
platform
reports
identified
child
32
sexual
abuse
material
to
the
national
center
for
missing
and
33
exploited
children’s
cybertipline,
as
required
by
18
U.S.C.
34
§2258A.
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(v)
The
social
media
platform
provides
to
a
reporting
user
1
all
of
the
following
when
a
user
reports
child
sexual
abuse
2
material
to
the
platform
directly:
3
(A)
Written
confirmation
to
the
reporting
user
that
the
4
social
media
platform
received
that
person’s
report
within
5
thirty-six
hours
after
the
child
sexual
abuse
material
was
6
reported.
7
(B)
A
final
written
determination
to
the
reporting
user
8
within
thirty
days
after
the
date
on
which
the
material
was
9
first
reported.
10
(2)
In
determining
the
amount
of
statutory
damages
pursuant
11
to
this
paragraph,
a
court
shall
consider
the
willfulness
and
12
severity
of
the
violation
and
whether
the
social
media
platform
13
has
previously
violated
this
chapter.
14
c.
Costs
of
the
action
including
reasonable
attorney
fees.
15
d.
Any
other
relief
that
the
court
deems
proper.
16
2.
The
failure
of
a
social
media
platform
to
comply
with
17
section
658B.2,
subsections
4,
5,
6,
and
7,
within
sixty
days
18
after
the
date
on
which
material
was
first
reported
pursuant
to
19
section
658B.2
shall
establish
a
rebuttable
presumption
that
20
the
reporting
user
is
entitled
to
statutory
damages
under
this
21
section.
22
3.
This
chapter
shall
not
be
construed
to
limit
or
impair
in
23
any
way
a
cause
of
action
under
section
714H.3.
24
Sec.
4.
NEW
SECTION
.
659B.4
Civil
actions.
25
1.
This
section
shall
apply
only
in
a
civil
action
brought
26
by,
or
on
behalf
of,
or
for
the
benefit
of,
a
person
who
is
27
a
minor
or
nonminor
dependent
and
is
a
victim
of
commercial
28
sexual
exploitation
committed
by
a
person
who
is
over
eighteen
29
years
of
age
or
facilitated,
aided,
or
abetted
by
a
social
30
media
platform
in
violation
of
subsection
7.
For
purposes
of
31
this
section,
the
age
of
the
victim,
the
status
of
the
victim
32
as
a
minor
or
nonminor
dependent,
and
the
age
of
the
defendant
33
is
determined
at
the
time
of
the
defendant’s
act
of
commercial
34
sexual
exploitation
of
the
victim.
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2.
In
a
civil
action
brought
by,
on
behalf
of,
or
for
the
1
benefit
of
a
minor,
or
nonminor
dependent,
against
a
person
who
2
engaged
in
any
act
of
commercial
sexual
exploitation
of
a
minor
3
or
nonminor
dependent,
whenever
a
trier
of
fact
is
authorized
4
by
a
statute,
other
than
subsection
3,
to
impose
either
a
5
fine,
or
a
civil
penalty
or
other
penalty,
or
any
other
remedy
6
the
purpose
or
effect
of
which
is
to
punish
or
deter,
and
the
7
amount
of
the
fine,
penalty,
or
other
remedy
is
subject
to
the
8
trier
of
fact’s
discretion,
the
trier
of
fact
shall
consider
9
all
of
the
following
factors,
in
addition
to
other
appropriate
10
factors,
in
determining
the
amount
of
fine,
civil
penalty,
or
11
other
penalty,
or
other
remedy
to
impose.
If
the
trier
of
fact
12
makes
an
affirmative
finding
in
regard
to
one
or
more
of
the
13
following
factors,
the
trier
of
fact
may
impose
a
fine,
civil
14
penalty,
or
other
penalty,
or
other
remedy
in
an
amount
up
to
15
three
times
greater
than
authorized
by
the
statute,
or,
if
the
16
statute
does
not
authorize
a
specific
amount,
up
to
three
times
17
greater
than
the
amount
the
trier
of
fact
would
impose
in
the
18
absence
of
that
affirmative
finding:
19
a.
Whether
the
defendant’s
conduct
was
directed
to
more
than
20
one
minor
or
nonminor
dependent.
21
b.
Whether
one
or
more
minors
or
nonminor
dependents
22
suffered
substantial
physical,
emotional,
or
economic
damage
23
resulting
from
the
defendant’s
conduct.
24
c.
Whether
the
defendant
knew
or
reasonably
should
have
25
known
that
the
victim
was
a
minor
or
nonminor
dependent.
It
26
shall
not
be
a
defense
to
imposition
of
fines,
penalties,
or
27
other
remedies
pursuant
to
this
paragraph
that
the
defendant
28
was
unaware
of
the
victim’s
age
or
status
as
a
nonminor
29
dependent
at
the
time
of
the
act.
30
3.
If
the
trier
of
fact
is
not
authorized
by
statute
to
31
impose
a
civil
penalty
in
an
action
described
in
subsection
32
2,
the
court
may
award
a
civil
penalty
not
exceeding
fifty
33
thousand
dollars,
and
not
less
than
ten
thousand
dollars,
for
34
each
act
of
commercial
sexual
exploitation
committed
by
the
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defendant
upon
making
an
affirmative
finding
in
regard
to
one
1
or
more
of
the
factors
in
subsection
2.
This
penalty
may
be
2
imposed
in
addition
to
any
other
remedy
available
in
law
or
in
3
equity.
4
4.
Any
penalty
imposed
pursuant
to
this
section
shall
be
5
paid
to
the
victim
of
the
act
of
sexual
exploitation.
6
5.
It
shall
not
be
a
defense
to
the
imposition
of
fines
or
7
penalties
pursuant
to
this
section
that
the
victim
consented
to
8
the
act
of
commercial
sexual
exploitation.
9
6.
If
the
victim
is
under
eighteen
years
of
age,
the
court,
10
in
its
discretion,
may
order
that
any
penalty
imposed
pursuant
11
to
this
section
be
held
in
trust
for
the
victim
and
used
12
exclusively
for
the
benefit
and
well-being
of
the
victim.
When
13
the
victim
reaches
eighteen
years
of
age
or
is
emancipated,
the
14
trust
shall
expire
and
any
unspent
remainder
shall
be
the
sole
15
property
of
the
victim.
16
7.
a.
A
social
media
platform
shall
not
knowingly
17
facilitate,
aid,
or
abet
commercial
sexual
exploitation.
18
b.
For
a
violation
of
this
subsection,
a
court
shall
award
19
statutory
damages
not
exceeding
four
million
dollars
and
not
20
less
than
one
million
dollars
for
each
act
of
commercial
sexual
21
exploitation
facilitated,
aided,
or
abetted
by
the
social
media
22
platform.
23
c.
A
social
media
platform
shall
not
be
deemed
to
be
in
24
violation
of
this
subsection
if
the
social
media
platform
25
demonstrates
all
of
the
following:
26
(1)
The
social
media
platform
instituted
and
maintained
27
a
program
of
at
least
biannual
audits
of
the
social
media
28
platform
designs,
algorithms,
practices,
affordances,
and
29
features
to
detect
designs,
algorithms,
practices,
affordances,
30
or
features
that
have
the
potential
to
cause
or
contribute
to
31
violations
of
this
subsection.
32
(2)
The
social
media
platform
took
action,
within
33
thirty
days
of
the
completion
of
an
audit
described
in
34
subparagraph
(1),
designed
to
mitigate
or
eliminate
the
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reasonably
foreseeable
risk
that
a
design,
algorithm,
practice,
1
affordance,
or
feature
violates,
or
contributes
to
a
violation
2
of,
this
subsection.
3
(3)
The
social
media
platform
provided
to
each
member
of
the
4
social
media
platform’s
board
of
directors
a
true
and
correct
5
copy
of
each
audit
within
ninety
days
of
the
audit
being
6
completed
accompanied
by
a
description
of
any
action
taken
7
pursuant
to
subparagraph
(2).
8
(4)
For
purposes
of
this
subsection,
a
social
media
platform
9
shall
be
deemed
to
have
knowledge
under
paragraph
“a”
if
all
of
10
the
following
are
true:
11
(a)
Material
was
reported
to
a
social
media
platform
using
12
the
mechanism
required
under
section
659B.2,
subsection
1,
for
13
four
consecutive
months.
14
(b)
The
criteria
set
forth
in
section
659B.2,
subsection
1,
15
are
established
with
respect
to
that
reported
material.
16
(c)
The
reported
material
was
first
displayed,
stored,
or
17
hosted
on
the
platform
after
January
1,
2025.
18
(5)
For
the
purposes
of
this
subsection,
“facilitate,
19
aid,
or
abet”
means
to
deploy
a
system,
design,
feature,
or
20
affordance
that
is
a
substantial
factor
in
causing
minor
users
21
to
be
victims
of
commercial
sexual
exploitation.
22
8.
A
waiver
of
the
provisions
of
this
section
is
contrary
to
23
public
policy
and
is
void
and
unenforceable.
24
9.
Notwithstanding
section
614.1
or
any
other
provision
25
of
law
to
the
contrary,
no
time
limitation
shall
apply
for
an
26
action
brought
under
this
section.
27
10.
For
purposes
of
this
section:
28
a.
“Commercial
sexual
exploitation”
means
an
act
committed
29
for
the
purpose
of
obtaining
property,
money,
or
anything
else
30
of
value
in
exchange
for,
or
as
a
result
of,
a
sexual
act
of
a
31
minor
or
nonminor
dependent,
including
but
not
limited
to
an
32
act
that
would
constitute
a
violation
of
any
of
the
following:
33
(1)
Sex
trafficking
of
a
minor
in
violation
of
section
34
710A.2.
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(2)
Pimping
of
a
minor
in
violation
of
section
725.2.
1
(3)
Pandering
of
a
minor
in
violation
of
section
725.3.
2
(4)
Procurement
of
a
child
for
lascivious
acts
in
violation
3
of
section
709.8.
4
(5)
Enticing
a
minor
in
violation
of
section
710.10.
5
(6)
Sexual
exploitation
of
a
minor,
in
violation
of
section
6
728.12,
subsections
1
and
2.
7
b.
“Nonminor
dependent”
means
the
same
as
dependent
adult
8
defined
in
section
235B.2.
9
c.
“Social
media
platform”
does
not
include
any
of
the
10
following:
11
(1)
A
stand-alone
direct
messaging
service
that
provides
12
end-to-end
encrypted
communication
or
the
portion
of
a
13
multiservice
platform
that
uses
end-to-end
encrypted
14
communication.
15
(2)
An
internet-based
service
or
application
owned
or
16
operated
by
a
nonprofit
organization
exempt
from
federal
income
17
tax
pursuant
to
section
501(c)(3)
of
the
Internal
Revenue
Code.
18
Sec.
5.
EFFECTIVE
DATE.
This
Act
takes
effect
on
January
19
1,
2025.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
regulation
of
access
to
obscene
24
material
by
a
minor
on
social
media
platforms.
25
The
bill
requires
a
social
media
platform
to
provide,
in
a
26
mechanism
that
is
reasonably
accessible
to
users,
a
means
for
a
27
user
who
is
an
Iowa
resident
to
report
material
to
the
social
28
media
platform
that
the
user
reasonably
believes
meets
certain
29
criteria,
including
that
the
reported
material
is
child
sexual
30
abuse
material
in
which
the
reporting
user
is
an
identifiable
31
minor
depicted
in
the
reported
material.
32
The
bill
requires
the
social
media
platform
to
permanently
33
block
the
reported
material
and
make
reasonable
efforts
to
34
remove
and
block
other
instances
of
the
same
reported
material
35
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from
being
viewable
on
the
social
media
platform
if
there
is
a
1
reasonable
basis
to
believe
that
the
reported
material
is
child
2
sexual
abuse
material
that
is
displayed,
stored,
or
hosted
3
on
the
social
media
platform,
and
the
report
contains
basic
4
identifying
information
sufficient
to
permit
the
social
media
5
platform
to
locate
the
reported
material.
6
The
bill
makes
a
social
media
platform
liable
to
the
7
reporting
user,
including
for
statutory
damages
of
no
more
than
8
$250,000
per
violation,
$125,000
per
violation,
or
$75,000
per
9
violation,
as
specified.
10
The
bill
prohibits
a
social
media
platform
from
knowingly
11
facilitating,
aiding,
or
abetting
commercial
sexual
12
exploitation,
as
specified.
The
bill
would
require
a
court
to
13
award
statutory
damages
not
exceeding
$4
million
and
not
less
14
than
$1
million
for
each
act
of
commercial
sexual
exploitation
15
facilitated,
aided,
or
abetted
by
the
social
media
platform.
16
The
bill
defines
“facilitate,
aid,
or
abet”
to
mean
to
deploy
a
17
system,
design,
feature,
or
affordance
that
is
a
substantial
18
factor
in
causing
minor
users
to
be
victims
of
commercial
19
sexual
exploitation.
The
bill
prohibits
a
social
media
20
platform
from
being
deemed
to
be
in
violation
of
this
provision
21
if
the
social
media
platform
demonstrates
certain
mitigating
22
facts,
including
that
the
social
media
platform
instituted
23
and
maintained
a
program
of
at
least
biannual
audits
of
its
24
designs,
algorithms,
practices,
affordances,
and
features
to
25
detect
designs,
algorithms,
practices,
affordances,
or
features
26
that
have
the
potential
to
cause
or
contribute
to
violations
27
of
that
provision.
The
bill
provides
that
there
is
no
time
28
limitation
in
which
to
bring
a
civil
action
against
a
social
29
media
platform
that
violates
this
provision.
30
The
bill
takes
effect
on
January
1,
2025.
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