North Carolina 2023-2024 Session Status: In Committee Bipartisan · 25 R · 20 D · 1 I cosponsors

HB 644 — Social Media Algorithmic Control in Information Technology Act.

Last action — Reptd Fav Com Substitute

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

152 added · 165 removed

Plain-language change summary

The recent amendment to House Bill 644 clarifies requirements around social media privacy, particularly emphasizing that platforms must make their privacy policies easy to understand and accessible. Notably, it ensures that user data can only be used for recommendations if users have explicitly consented to this use. This change is important because it aims to enhance user privacy, especially for minors, and gives individuals more control over their personal data. By requiring clearer notifications and consent for data usage, the bill seeks to foster a safer online environment.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 2 HOUSE BILL 644 Committee Substitute Favorable 4/25/23 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 1 HOUSE BILL 644 Short Title:
Representatives McNeely, K.
Hall, Humphrey, and Pickett (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
April 18, 2023 A BILL TO BE ENTITLED AN ACT TO COMBAT SOCIAL MEDIA ADDICTION BY REQUIRING THAT SOCIAL MEDIA PLATFORMS RESPECT THE PRIVACY OF NORTH CAROLINA USERS' DATA AND NOT USE A NORTH CAROLINA MINOR'S DATA FOR ADVERTISING OR ALGORITHMIC RECOMMENDATIONS AND TO MAKE WILLFULVIOLATIONS OF DATA USER PRIVACY AN UNFAIR PRACTICE UNDER G.S.
Judiciary 1, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House April 18, 2023 A BILL TO BE ENTITLED AN ACT TO COMBAT SOCIAL MEDIA ADDICTION BY REQUIRING THAT ONLINE PLATFORMS WITH MORE THAN ONE MILLION USERS IN NORTH CAROLINA RESPECT THE PRIVACY OF ALL USERS' DATA AND NOT USE A MINOR'S DATA FOR ADVERTISING OR ALGORITHMIC RECOMMENDATIONS AND TO MAKE WILLFUL VIOLATIONS OF DATA USER PRIVACY AN UNFAIR PRACTICE UNDER G.S.
(1) Algorithmic recommendation.
(1) Algorithmic recommendation system.
– A recommendation of suggested, promoted, or ranked information.
(2) Algorithmic recommendation system.
(3) Minor.
(2) Minor.
– An individual who is under 18 years of age.
– An individual who is age 18 or younger.
(4) North Carolina platform user.
(3) Operator.
– An individual who resides in North Carolina who uses a social media platform.
(5) Operator.
(6) Social media algorithm.
(4) Social media algorithm.
(7) Social media platform or platform.
(5) Social media platform or platform.
– An electronic medium with more than 1,000,000 monthly active users in the United States, including a browser-based or application-based interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content.
– An electronic medium, including a browser-based or application-based interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content.
The term does not include any of the following:
The term does not include internet search providers or electronic mail.
a.
(6) User data.
Internet search providers.
– Any data collected directly or indirectly from or concerning a user.
b.
Internet service providers.
c.
Electronic mail.
d.
Communications services as defined in G.S.
160A-340(3).
*H644-v-2* General Assembly Of North Carolina Session 2023 e.
Community forums where the primary purpose of the forum is for customer self-service support related to products, sellers, services, events, or places, or any combination thereof.
f.
Interactive video game services.
g.
Online shopping or e-commerce.
(8) User data.
– Any data collected directly or indirectly from or concerning a North Carolina platform user.
Exploitation of user data can result in users being targeted in ways that increase unhealthy social media use.
Exploitation of user data can result in users being targeted in ways that increase *H644-v-1* General Assembly Of North Carolina Session 2023 unhealthy social media use.
Therefore, the operator of a social media platform shall comply with all of the following requirements for North Carolina platform users:
Therefore, the operator of a social media platform shall comply with all of the following requirements:
Beginning October 1, 2024, and then annually thereafter, a social media platform shall provide the Consumer Protection Division of the North Carolina Department of Justice (Division) with a digital copy of the platform's privacy policy and certification that the platform has complied with the requirements of this subsection.
Platforms shall provide notice of substantive privacypolicy changes to the registry.
The Division shall maintain a registry of these policies and certifications on its internet website.
– The operator of a social media platform must control algorithmic recommendation systems so that no user data from a North Carolina platform user who is a minor is used:
– The operator of a social media platform must control algorithmic recommendation systems so that no minor's user data is used:
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This requirement is not intended to prevent content recommendations from being shown as a direct result of explicit actions, such as showing posts from accounts a user follows in a chronological feed, but it is intended to prevent any data, including follows, from being used in an algorithm to generate algorithmic recommendations.
This requirement is not intended to prevent algorithmic recommendations from being shown as a direct result of explicit actions, such as showing posts from accounts a user follows in a chronological feed, but it is intended to prevent any data, including follows, from being used in an algorithm to generate algorithmic recommendations.
(c) The operator of a social media platform may be held liable for violating subsection (b) of this section if the operator of the social media platform knew or had reason to know that the user was a minor.
The operator of a social media platform may be held liable for violating this subsection if the operator of the social media platform knew or had reason to know that the user was a minor.
(d) Exceptions.
(c) Exceptions.
Page 2 House Bill 644-Second Edition General Assembly Of North Carolina Session 2023 (e) Registry.
– Beginning October 1, 2024, and then annually thereafter, a social media platform shall provide the Consumer Protection Division of the North Carolina Department of Justice (Division) with a digital copy of the platform's privacy policy and certification that the platform has complied with the requirements of this section.
Platforms shall provide notice of substantive privacypolicy changes to the registry.
The Division shall maintain a registry of these policies and certifications on its internet website.
– A North Carolina platform user may make a complaint to the Attorney General alleging that a social media platform has failed to comply with the requirements of this Article.
– A user may make a complaint to the Attorney General alleging that a social media platform has failed to comply with the requirements of this Article.
The AttorneyGeneral maybring a civil action in anycase in which the Attorney General has reason to believe that the interest of the residents of this State has been or is threatened due to noncompliance with this Article.
The Attorney Page 2 House Bill 644-First Edition General Assembly Of North Carolina Session 2023 General may bring a civil action in any case in which the Attorney General has reason to believe that the interest of the residents of this State has been or is threatened due to noncompliance with this Article.
House Bill 644-Second Edition Page 3 General Assembly Of North Carolina Session 2023 (13) Two members of the Senate, appointed by the President Pro Tempore of the Senate, and two members of the House of Representatives, appointed by the Speaker of the House of Representatives.
(13) Two members of the Senate, appointed by the President Pro Tempore of the Senate, and two members of the House of Representatives, appointed by the Speaker of the House of Representatives.
(d) Beginning March 15, 2024, and then annually thereafter, the Task Force shall report to theGeneral Assemblyon its work, withaspecial focus onmental healthissuesrelated to social media, along with findings, recommendations, and any legislative proposals." SECTION 2.
House Bill 644-First Edition Page 3 General Assembly Of North Carolina Session 2023 (d) Beginning March 15, 2024, and then annually thereafter, the Task Force shall report to theGeneral Assemblyon its work, withaspecial focus onmental healthissuesrelated to social media, along with findings, recommendations, and any legislative proposals." SECTION 2.
Page 4 House Bill 644-Second Edition
Page 4 House Bill 644-First Edition
View plain text versions (3)

Action History

  1. Reptd Fav Com Substitute

  2. Re-ref Com On Appropriations

  3. Withdrawn From Com

  4. Re-ref to the Com on Judiciary 3, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

  5. Passed 1st Reading

  6. Ref to the Com on Judiciary 1, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

  7. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 59 co-sponsors · 117 not signed on · 1 voted No

Sponsors (3)

Co-sponsors (59)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

A01______pass

Passed 50 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 46000
Republican 3000
Democratic 1000
Total 50000
% of votes cast 100%0%0%0%
How each member voted (50)
Member Party Vote
Albertson, Charles W. — Yea
Allran, Austin M. — Yea
Ballance, Jr., Frank W. — Yea
Ballantine, Patrick J. — Yea
Basnight, Marc — Yea
Carpenter, Robert C. — Yea
Carrington, John — Yea
Carter, Charles — Yea
Clodfelter, Daniel G. — Yea
Cochrane, Betsy L. — Yea
Cooper Iii, Roy A. — Yea
Dalton, Walter — Yea
Dannelly, Charlie Smith — Yea
East, Don W. — Yea
Forrester, James — Yea
Foxx, Virginia — Yea
Garrou, Linda — Yea
Garwood, John A. — Yea
Gulley, Wib — Yea
Hagan, Kay — Yea
Harris, Oscar — Yea
Hartsell, Jr., Fletcher L. — Yea
Horton, Jr., Hamilton C. — Yea
Hoyle, David W. — Yea
Jordan, Jr., Luther Henry — Yea
Kerr, John H. — Yea
Kinnaird, Ellie — Yea
Lucas, Jeanne Hopkins — Yea
Martin, R. L. — Yea
Martin, William N. — Yea
Metcalf, Steve — Yea
Moore, Ken — Yea
Odom, T. L. — Yea
Perdue, Beverly M. — Yea
Phillips, Sr., Jim — Yea
Plyler, Aaron W. — Yea
Purcell, William R. — Yea
Rand, Anthony E. — Yea
Reeves, Eric Miller — Yea
Rucho, Robert A. — Yea
Shaw, Robert G. — Yea
Shaw, Larry — Yea
Soles, Jr., R. C. — Yea
Webster, Hugh — Yea
Weinstein, David — Yea
Wellons, Allen H. — Yea
Gladys A. Robinson Democratic Yea
Charles W. Miller Republican Yea
Harry Warren Republican Yea
Michael V. Lee Republican Yea

Official roll call →

A00R2____pass

Passed 49 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 45001
Republican 3000
Democratic 1000
Total 49001
% of votes cast 98%0%0%2%
How each member voted (50)
Member Party Vote
Albertson, Charles W. — Yea
Allran, Austin M. — Yea
Ballance, Jr., Frank W. — Yea
Ballantine, Patrick J. — Yea
Basnight, Marc — Yea
Carpenter, Robert C. — Yea
Carrington, John — Yea
Carter, Charles — Yea
Clodfelter, Daniel G. — Yea
Cochrane, Betsy L. — Yea
Cooper Iii, Roy A. — Yea
Dalton, Walter — Yea
Dannelly, Charlie Smith — Yea
East, Don W. — Yea
Forrester, James — Yea
Foxx, Virginia — Yea
Garrou, Linda — Yea
Garwood, John A. — Yea
Gulley, Wib — Yea
Hagan, Kay — Yea
Harris, Oscar — Yea
Hartsell, Jr., Fletcher L. — Yea
Horton, Jr., Hamilton C. — Yea
Hoyle, David W. — Yea
Jordan, Jr., Luther Henry — Yea
Kerr, John H. — Not Voting
Kinnaird, Ellie — Yea
Lucas, Jeanne Hopkins — Yea
Martin, R. L. — Yea
Martin, William N. — Yea
Metcalf, Steve — Yea
Moore, Ken — Yea
Odom, T. L. — Yea
Perdue, Beverly M. — Yea
Phillips, Sr., Jim — Yea
Plyler, Aaron W. — Yea
Purcell, William R. — Yea
Rand, Anthony E. — Yea
Reeves, Eric Miller — Yea
Rucho, Robert A. — Yea
Shaw, Robert G. — Yea
Shaw, Larry — Yea
Soles, Jr., R. C. — Yea
Webster, Hugh — Yea
Weinstein, David — Yea
Wellons, Allen H. — Yea
Gladys A. Robinson Democratic Yea
Charles W. Miller Republican Yea
Harry Warren Republican Yea
Michael V. Lee Republican Yea

Official roll call →

A00___11_pass

Passed 103 Yea · 4 Nay · 12 Other
Party YeaNayPresentNot Voting
Republican 5103
Unaffiliated 95309
Democratic 2000
U 1000
Total 1034012
% of votes cast 87%3%0%10%
How each member voted (119)
Member Party Vote
Allen, Gordon P. — Yea
Allred, Cary — Yea
Arnold, Gene — Yea
Baddour, Philip A., Jr. — Yea
Baker, Rex — Nay
Barbee, Bobby — Yea
Barefoot, Daniel W. — Yea
Berry, Cherie — Yea
Black, Jim (Speaker) — Yea
Bonner, Donald A. — Yea
Bowie, Joanne — Yea
Braswell, Jerry — Yea
Bridgeman, John — Yea
Brown, John — Not Voting
Brubaker, Harold J. — Yea
Buchanan, Monroe — Not Voting
Cansler, Lanier — Yea
Capps, Russell — Nay
Carpenter, Jim — Yea
Church, Walter — Not Voting
Clary, Debbie — Yea
Cole, E. Nelson — Not Voting
Cox, A. Leslie — Yea
Creech, Billy — Yea
Culp, Arlie — Yea
Culpepper, Bill — Yea
Daughtry, Leo — Yea
Decker, Michael P. — Not Voting
Dedmon, Andrew T. — Yea
Dockham, Jerry — Yea
Earle, Beverly — Yea
Easterling, Ruth — Yea
Edwards, Zeno L. — Yea
Ellis, Sam — Yea
Esposito, Theresa — Yea
Fitch, Jr., Toby — Yea
Fox, Stan — Yea
Gardner, Charlotte — Yea
Gibson, Pryor A. — Yea
Grady, Robert — Yea
Gray, Lyons — Yea
Gulley, Jim — Yea
Hackney, Joe — Yea
Haire, R. Phillip — Yea
Hardaway, Thomas C. — Yea
Hensley, Robert — Yea
Hiatt, Bill — Yea
Hill, Dewey — Yea
Holmes, George M. — Not Voting
Horn, W. James — Yea
Hunter, Howard — Yea
Hurley, Bill — Yea
Insko, Verla C. — Yea
Jarrell, Mary L. — Yea
Jeffus, Margaret M. — Yea
Justus, Larry — Yea
Kinney, Theodore J. — Yea
Kiser, Joe — Yea
Luebke, Paul — Yea
Mcallister, Mary — Not Voting
Mccomas, Danny — Yea
Mccombs, Gene — Yea
Mccrary, Paul — Yea
Mclawhorn, Marian N. — Yea
Mcmahan, Ed — Yea
Melton, O. Max — Yea
Michaux, Jr., Mickey — Yea
Miner, David — Yea
Mitchell, William F. — Yea
Moore, Richard L. — Yea
Morgan, Richard T. — Yea
Morris, Amelia A. H. — Yea
Mosley, Jane H. — Yea
Nesbitt, Martin L., Jr. — Yea
Nye, Edd — Yea
Oldham, Warren C. — Yea
Owens, Jr., William C. — Yea
Pope, Art — Yea
Preston, Jean R. — Yea
Ramsey, Liston B. — Yea
Rayfield, John M. — Yea
Redwine, E. David — Yea
Rogers, Richard E. — Yea
Russell, Carolyn B. — Yea
Saunders, Drew P. — Yea
Sexton, Paul W. — Yea
Sherrill, Wilma M. — Yea
Starnes, Edgar V. — Yea
Sutton, Ronnie N. — Yea
Tallent, Timothy N. — Yea
Teague, W. B. — Yea
Thomas, Scott E. — Yea
Thompson, Gregory J. — Nay
Tolson, Joe — Yea
Tucker, Russell E. — Yea
Wainwright, William L. — Yea
Walend, Trudi — Yea
Warner, Alex — Not Voting
Warwick, Nurham O. — Yea
Wilson, Constance K. — Yea
Wilson, William Eugene — Not Voting
Womble, Larry W. — Yea
Wood, Stephen W. — Yea
Wright, Thomas E. — Yea
Yongue, Douglas Y. — Yea
D. Davis — Yea
R. Smith — Yea
Dan Blue Democratic Yea
Sarah Crawford Democratic Yea
Blair Eddins Republican Nay
Charles W. Miller Republican Yea
Edward C. Goodwin Republican Not Voting
Harry Warren Republican Not Voting
Jay Adams Republican Not Voting
Julia C. Howard Republican Yea
Karl E. Gillespie Republican Yea
Mitchell S. Setzer Republican Yea
W. Ted Alexander Republican Yea
Carla D. Cunningham U Yea

Official roll call →

A00R2____pass

Passed 116 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 9000
Unaffiliated 105002
Democratic 2000
U 0001
Total 116003
% of votes cast 97%0%0%3%
How each member voted (119)
Member Party Vote
Allen, Gordon P. — Yea
Allred, Cary — Yea
Arnold, Gene — Yea
Baddour, Philip A., Jr. — Yea
Baker, Rex — Yea
Barbee, Bobby — Yea
Barefoot, Daniel W. — Yea
Berry, Cherie — Yea
Black, Jim (Speaker) — Yea
Bonner, Donald A. — Yea
Bowie, Joanne — Yea
Braswell, Jerry — Yea
Bridgeman, John — Yea
Brown, John — Yea
Brubaker, Harold J. — Yea
Buchanan, Monroe — Yea
Cansler, Lanier — Yea
Capps, Russell — Yea
Carpenter, Jim — Yea
Church, Walter — Not Voting
Clary, Debbie — Yea
Cole, E. Nelson — Yea
Cox, A. Leslie — Yea
Creech, Billy — Yea
Culp, Arlie — Yea
Culpepper, Bill — Yea
Daughtry, Leo — Yea
Decker, Michael P. — Yea
Dedmon, Andrew T. — Yea
Dockham, Jerry — Yea
Earle, Beverly — Yea
Easterling, Ruth — Yea
Edwards, Zeno L. — Yea
Ellis, Sam — Yea
Esposito, Theresa — Yea
Fitch, Jr., Toby — Not Voting
Fox, Stan — Yea
Gardner, Charlotte — Yea
Gibson, Pryor A. — Yea
Grady, Robert — Yea
Gray, Lyons — Yea
Gulley, Jim — Yea
Hackney, Joe — Yea
Haire, R. Phillip — Yea
Hardaway, Thomas C. — Yea
Hensley, Robert — Yea
Hiatt, Bill — Yea
Hill, Dewey — Yea
Holmes, George M. — Yea
Horn, W. James — Yea
Hunter, Howard — Yea
Hurley, Bill — Yea
Insko, Verla C. — Yea
Jarrell, Mary L. — Yea
Jeffus, Margaret M. — Yea
Justus, Larry — Yea
Kinney, Theodore J. — Yea
Kiser, Joe — Yea
Luebke, Paul — Yea
Mcallister, Mary — Yea
Mccomas, Danny — Yea
Mccombs, Gene — Yea
Mccrary, Paul — Yea
Mclawhorn, Marian N. — Yea
Mcmahan, Ed — Yea
Melton, O. Max — Yea
Michaux, Jr., Mickey — Yea
Miner, David — Yea
Mitchell, William F. — Yea
Moore, Richard L. — Yea
Morgan, Richard T. — Yea
Morris, Amelia A. H. — Yea
Mosley, Jane H. — Yea
Nesbitt, Martin L., Jr. — Yea
Nye, Edd — Yea
Oldham, Warren C. — Yea
Owens, Jr., William C. — Yea
Pope, Art — Yea
Preston, Jean R. — Yea
Ramsey, Liston B. — Yea
Rayfield, John M. — Yea
Redwine, E. David — Yea
Rogers, Richard E. — Yea
Russell, Carolyn B. — Yea
Saunders, Drew P. — Yea
Sexton, Paul W. — Yea
Sherrill, Wilma M. — Yea
Starnes, Edgar V. — Yea
Sutton, Ronnie N. — Yea
Tallent, Timothy N. — Yea
Teague, W. B. — Yea
Thomas, Scott E. — Yea
Thompson, Gregory J. — Yea
Tolson, Joe — Yea
Tucker, Russell E. — Yea
Wainwright, William L. — Yea
Walend, Trudi — Yea
Warner, Alex — Yea
Warwick, Nurham O. — Yea
Wilson, Constance K. — Yea
Wilson, William Eugene — Yea
Womble, Larry W. — Yea
Wood, Stephen W. — Yea
Wright, Thomas E. — Yea
Yongue, Douglas Y. — Yea
D. Davis — Yea
R. Smith — Yea
Dan Blue Democratic Yea
Sarah Crawford Democratic Yea
Blair Eddins Republican Yea
Charles W. Miller Republican Yea
Edward C. Goodwin Republican Yea
Harry Warren Republican Yea
Jay Adams Republican Yea
Julia C. Howard Republican Yea
Karl E. Gillespie Republican Yea
Mitchell S. Setzer Republican Yea
W. Ted Alexander Republican Yea
Carla D. Cunningham U Not Voting

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 644?
HB 644 is sponsored by Amber M. Baker (Democratic), Jeffrey C. McNeely (Republican), Kyle Hall (Republican), Chris Humphrey (Republican), Ray Pickett (Republican), Eric Ager (Democratic), Vernetta Alston (Democratic), Dean Arp (Republican), Autry, Cynthia Ball (Democratic), Mary Belk (Democratic), Brian Biggs (Republican), Hugh Blackwell (Republican), Bradford, Gloristine Brown (Democratic), Terry M. Brown Jr. (Democratic), Becky Carney (Democratic), Maria Cervania (Democratic), Clemmons, Cleveland, Crutchfield, Allison A. Dahle (Democratic), Faircloth, Fontenot, Gill, Dudley Greene (Republican), Hardister, Harris, Pricey Harrison (Democratic), Zack Hawkins (Democratic), Neal Jackson (Republican), Ya Liu (Democratic), Donnie Loftis (Republican), Lowery, Nasif Majeed (U), Charles W. Miller (Republican), Mills, Moore, Marcia Morey (Democratic), Howard Penny, Jr. (Republican), Joseph Pike (Republican), Lindsey Prather (Democratic), Renée A. Price (Democratic), A. Reece Pyrtle, Jr. (Republican), Amos L. Quick, III (Democratic), James Roberson (Democratic), Sasser, Mitchell S. Setzer (Republican), Phil Shepard (Republican), Sossamon, Steve Tyson (Republican), Bill Ward (Republican), Harry Warren (Republican), Donna McDowell White (Republican), Shelly Willingham (Democratic), David Willis (Republican), Wray, Jeff Zenger (Republican), Charles Smith (Democratic), Jake Johnson (Republican), and Mike Clampitt (Republican).
What is the current status of HB 644?
This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 644?
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