SB 11 — Search Warrants Provided to Covered Platforms

NOTE:SENATE BILL 26-011 BY SENATOR(S) Frizell and Roberts, Carson, Catlin, Liston, Pelton B., Pelton R., Rich, Amabile, Ball, Bridges, Cutter, Exum, Gonzales J., Jodeh, Kipp, Kirkmeyer, Kolker,Lindstedt,Marchman,Mullica, Simpson, Snyder, Wallace, Weissman, Coleman;

This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.

To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

SENATE BILL 26-011 BY SENATOR(S) Frizell and Roberts, Carson, Catlin, Liston, Pelton B., Pelton R., Rich, Amabile, Ball, Bridges, Cutter, Exum, Gonzales J., Jodeh, Kipp,Kirkmeyer,Kolker,Lindstedt,Marchman,Mullica,Simpson,Snyder, Wallace, Weissman, Coleman;

CCONCERNING ONCERNING SEARCH WARRANT REQUIREMENTS FOR OPERATORS OF CERTAIN ELECTRONIC PLATFORMSPLATFORMS. .

Be it enacted by the General Assembly ofofthe the State ofofColorado: Colorado:

(1) AAs S USED IN THIS SECTIONSECTION, ,UNLESSUNLESS THE CONTEXT OTHERWISE REQUIRESREQUIRES: :

________ Capital letters or bold & italic numbers indicate new material added to existing law;

dashes through words or numbers indicate deletionsdeletionsfrom from existing law andandsuch such material is notnotpart part of the act.

(a) (I) "COVERED PLATFORMPLATFORM" "MEANSMEANS A PUBLIC OR SEMIPUBLIC WEBSITEWEBSITE, ,ONLINEONLINE SERVICE,ONLINESERVICE, APPLICATIONONLINE ,ORAPPLICATION, OR MOBILE APPLICATION THATTHAT: :

(A) HHAS AS AT LEAST ONE MILLION DISCRETE MONTHLY USERSUSERS; ;

(B) AALLOWS LLOWS A USER TO CONSTRUCT A PUBLIC OR SEMIPUBLIC PROFILE FOR THE PURPOSE OF USING THE WEBSITEWEBSITE, , SERVICE , OR APPLICATION ;AND (C) ALLOWSAUSERTOCREATEORPOSTCONTENTTHATISVIEWABLE BY OTHER USERS ,INCLUDING ON MESSAGE BOARDS , IN CHAT ROOMS ,OR THROUGH LANDING PAGES OR MAIN FEEDS THAT PRESENT A USER WITH CONTENT GENERATED BY OTHER USERS ORBYARTIFICIALINTELLIGENCE .A WEBSITE ,ONLINE SERVICE,ONLINE APPLICATION ,OR MOBILE APPLICATION SHALL NOT BE DEEMED TO SATISFY THE CRITERION DESCRIBED IN THIS SUBSECTION (1)(a)(I)(CSOLELY BECAUSE THE WEBSITE ,ONLINE SERVICE, ONLINE APPLICATION ,OR MOBILE APPLICATION PROVIDES THE ABILITY TO POST AND VIEW COMMENTS FOR THE PURPOSE OF RATING OR REVIEWINGAPPLICATION; PRODUCTS OR SERVICES OR ,IN THE CASE OF A WEBSITE,ONLINE SERVICE , ONLINE APPLICATION ,OR MOBILE APPLICATION THAT PREDOMINANTLY OR EXCLUSIVELYPROVIDESNEWS ,SPORTS ,ENTERTAINMENT ,OR ECOMMERCE CONTENT THAT IS PRESELECTED BY THE PROVIDER AND NOT USER-GENERATED ,SOLELYBECAUSETHEWEBSITE ,ONLINESERVICE ,ONLINE APPLICATION , OR MOBILE APPLICATION HAS CHAT , COMMENT , OR INTERACTIVE FUNCTIONALITY THAT IS DIRECTLY RELATED TO , OR DEPENDENT UPON ,THE PROVISION OF THAT CONTENT .

(II)AND "COVERED(C) PLATFORMALLOWS "INCLUDESAUSERTOCREATEORPOSTCONTENTTHATIS FEATURESVIEWABLE BY OTHER USERS, INCLUDING ON MESSAGE BOARDS, IN CHAT ROOMS, OR SERVICESTHROUGH OFLANDING PAGES OR MAIN FEEDS THAT PRESENT A COVEREDUSER PLATFORMWITH .CONTENT GENERATED BY OTHER USERS OR BY ARTIFICIAL INTELLIGENCE.

(III)A "COVEREDWEBSITE, PLATFORMONLINE "SERVICE, DOESONLINE APPLICATION, OR MOBILE APPLICATION SHALL NOT INCLUDEBE DEEMED TO SATISFY THE CRITERION DESCRIBED IN THIS SUBSECTION (l)(a)(l)(C) SOLELY BECAUSE THE WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION PROVIDES THE ABILITY TO POST AND VIEW COMMENTS FOR THE PURPOSE OF RATING OR REVIEWING PRODUCTS OR SERVICES OR, IN THE CASE OF A SERVICEWEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION THAT :PREDOMINANTLY OR EXCLUSIVELY PROVIDES NEWS, SPORTS, ENTERTAINMENT, OR E-COMMERCE CONTENT THAT IS PRESELECTED BY THE PROVIDER AND NOT USER-GENERATED, SOLELY BECAUSETHE WEBSITE, ONLINESERVICE,ONLINE APPLICATION, OR MOBILE APPLICATION HAS CHAT, COMMENT, OR INTERACTIVE FUNCTIONALITY THAT IS DIRECTLY RELATED TO, OR DEPENDENT UPON, THE PROVISION OF THAT CONTENT.

(A)(II) ISUSEDTOFACILITATECOMMUNICATIONWITHINABUSINESSOR"COVERED ENTERPRISEPLATFORM" AMONGINCLUDES EMPLOYEESFEATURES OR AFFILIATESSERVICES OF THE BUSINESS OR ENTERPRISE ,SO LONG AS ACCESS TO THE SERVICE OR APPLICATION IS RESTRICTEDTOEMPLOYEESORAFFILIATESOFTHEBUSINESSORENTERPRISE USING THE SERVICE OR APPLICATION;OR PAGE 2-SENATE BILL 26-011 (B) H AS THE EXCLUSIVE PURPOSES OF OFFERING THE COMMERCIAL SALE OF GOODS AND FACILITATING COMMERCIAL TRANSACTIONS BETWEEN BUYERS AND SELLERS ,SO LONG AS THE SERVICE OR APPLICATION IS NOT A FEATURE OR SERVICE OF,OR OTHERWISE ASSOCIATED OR AFFILIATED WIT, A COVERED PLATFORMPLATFORM. .

(b)(III) "O"COVERED PERATORPLATFORM" "MEANSDOES ANOT PERSONINCLUDE ,BUSINESS,ORA OTHERSERVICE LEGAL ENTITY THAT OPERATES OR PROVIDESAPPLICATION ATHAT: COVERED PLATFORM .

(c)(A) "SEARCHIS WARRANTUSEDTO "FACILITATE INCLUDESCOMMUNICATION WITHIN A COURTBUSINESS ORDEROR FORENTERPRISE THEAMONG PRODUCTIONEMPLOYEES OR AFFILIATES OF RECORDSTHE ,ASBUSINESS DESCRIBEDOR INENTERPRISE, SECTION16-3-301.1.SO LONG AS ACCESS TO THE SERVICE OR APPLICATION IS RESTRICTED TOEMPLOYEES ORAFFILIATES OFTHEBUSINESS ORENTERPRISE USING THE SERVICE OR APPLICATION;

(d)OR "USER"PAGE MEANS2-SENATE ABILL USER26-011 OF(B) AHAS COVEREDTHE PLATFORMEXCLUSIVE WHOPURPOSES RESIDESOF INOFFERING COLORADOTHE COMMERCIAL SALE OF GOODS AND ISFACILITATING NOTCOMMERCIALTRANSACTIONS ACTINGBETWEEN ASBUYERS ANAND OPERATORSELLERS, ,ORSO ANLONG AGENTAS THE SERVICE OR AFFILIATEAPPLICATION OFIS ANNOT OPERATOR,OFA THEFEATURE PLATFORMOR SERVICE OF, OR ANYOTHERWISE PORTIONASSOCIATED OFOR THEAFFILIATED PLATFORMWITH, .A COVERED PLATFORM.

(2)(b) A"OPERATOR" NMEANS OPERATORA SHALLPERSON, ENSUREBUSINESS, THATOR EACHOTHER OFLEGAL ITSENTITY COVEREDTHAT PLATFORMSPROVIDESASTREAMLINEDPROCESSTOALLOWOPERATES COLORADOLAWOR ENFORCEMENTPROVIDES AGENCIESA TO CONTACT THE COVERED PLATFORMPLATFORM. .

THE(C) PROCESS"SEARCH MUSTWARRANT" ,ATINCLUDES A MINIMUM:COURT ORDER FOR THE PRODUCTION OF RECORDS, AS DESCRIBED IN SECTION 16-3-301.1.

(a)(d) BE"USER" AVAILABLEMEANS TOCOLORADOA LAWENFORCEMENTUSER AGENCIESOF ATA ALLCOVERED TIMES;ANDPLATFORM (b)WHO MRESIDES AKEIN AVAILABLECOLORADO ATAND ALLIS TIMESNOT AACTING STAFFEDAS HOTLINEAN FOROPERATOR, COLORADOOR LAWAN ENFORCEMENTAGENT AGENCIESOR FORAFFILIATE OF AN OPERATOR, OF THE PURPOSESPLATFORM OR ANY PORTION OF :THE PLATFORM.

(I)(2) RECEIVINGAN ANDOPERATOR RESPONDINGSHALL TOENSURE QUESTIONSTHAT ABOUTEACH SEARCHOF WARRANTSITS ;COVERED PLATFORMS PROVIDES ASTREAMLINED PROCESSTO ALLOW COLORADO LAW ENFORCEMENT AGENCIES TO CONTACT THE COVERED PLATFORM.

(II) AKNOWLEDGING THE RECEIPTPROCESS OFMUST, AAT SEARCH WARRANT WITHIN EIGHT HOURS AFTER RECEIPT;AND (III) PROVIDING STATUS UPDATES ON SEARCH WARRANT COMPLIANCE TO A REQUESTINGMINIMUM: C OLORADO LAW ENFORCEMENT AGENCY .

(3)(a) ABE NAVAILABLE OPERATOR SHALL PROMINENTLY POST CONTACT INFORMATION ON THE HOME PAGE OFEACH OF ITS COVERED PLATFORMS TO ALLOW A COLORADO LAW ENFORCEMENT AGENCYAGENCIES TOAT CONTACTALL THETIMES; PAGE 3-SENATE BILL 26-011 OPERATORANDINITIATETHEPROCESSDESCRIBEDINSUBSECTION (2OFTHIS SECTION.

(4)AND EXCEPT(b) ASMAKE PROVIDEDAVAILABLE INAT SUBSECTIONALL (5)OFTIMES THIS SECTIO,OR ANY OTHER LAW ,INCLUDING SECTION 32 OF ARTICLE IIOF THE STATE CONSTITUTION ;THE"C OLORADO PRIVACY ACT",PART 13 OF ARTICLE1OF TITLE6;SECTION 16-3-301(4);AND THE "REPRODUCTIVE H EALTH EQUITY A CT",PART4STAFFED OFARTICLEHOTLINE 6OFTITLEFOR 25,ANOPERATORSHALLCOMPLYWITHCOLORADO ALAW SEARCHENFORCEMENT WARRANTAGENCIES WITHINFOR SEVENTY -TWO HOURS AFTER RECEIVING THE SEARCHPURPOSES WARRANTOF: IF ALL OF THE FOLLOWING APPLY:

(a)(I) THERECEIVING SEARCHAND WARRANTRESPONDING IS PROVIDED TO THEQUESTIONS OPERATORABOUT ORSEARCH THEWARRANTS; OPERATOR 'S COVERED PLATFORM BY A COLORADO LAW ENFORCEMENT AGENCY ;

(b)(II)ACKNOWLEDGING THE SUBJECTRECEIPT OF THEA SEARCH WARRANT ISWITHIN INFORMATIONEIGHT ASSOCIATEDHOURS WITHAFTER AUSERRECEIPT; SACCOUNT ON A COVERED PLATFORM OPERATED BY THE OPERATOR ;AND (c) THE INFORMATION IS CONTROLLED BY A USER OR OPERATOR OF THE COVERED PLATFORM .

(5)AND A(III) COURTPROVIDING MAYSTATUS REASONABLYUPDATES EXTENDON THESEARCH TIMEWARRANT REQUIREDCOMPLIANCE TO COMPLYWITHASEARCHWARRANTPROVIDEDPURSUANTTOSUBSECTION (4) OF THIS SECTION IF THE COURT MAKES A WRITTENREQUESTING FINDINGCOLORADO THATLAW THEENFORCEMENT OPERATORAGENCY. OR COVERED PLATFORM HAS SHOWN GOOD CAUSE FOR THE EXTENSION AND THAT AN EXTENSION WOULD NOT CAUSE AN ADVERSE RESULT,AS DEFINED IN18 U.S.C.SEC.

(3) AN OPERATOR SHALL PROMINENTLY POST CONTACT INFORMATION ON THE HOME PAGE OF EACH OF ITS COVERED PLATFORMS TO ALLOW A COLORADO LAW ENFORCEMENT AGENCY TO CONTACT THE P A G E 3-SEN A TBILL 26-011 OPERATORANDINITIATETHEPROCESS DESCRIBED INSUBSECTION (2)OFTHIS SECTION.

(4) EXCEPT AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, OR ANY OTHER LAW, INCLUDING SECTION 32 OF ARTICLE II OF THE STATE CONSTITUTION;

THE "COLORADO PRIVACY ACT", PART 13OF ARTICLE 1 OF TITLE 6;

SECTION 16-3-301 (4);

AND THE "REPRODUCTIVE HEALTH EQUITY ACT", PART4 OF ARTICLE 6 OFTITLE 25, AN OPERATOR SHALL COMPLY WITH A SEARCH WARRANT WITHIN SEVENTY-TWO HOURS AFTER RECEIVING THE SEARCH WARRANT IF ALL OF THE FOLLOWING APPLY:

(a) THE SEARCH WARRANT IS PROVIDED TO THE OPERATOR OR THE OPERATOR'S COVERED PLATFORM BY A COLORADO LAW ENFORCEMENT AGENCY;

(b) THE SUBJECT OF THE SEARCH WARRANT IS INFORMATION ASSOCIATED WITH A USER'S ACCOUNT ON A COVERED PLATFORM OPERATED BY THE OPERATOR;

AND (C) THE INFORMATION IS CONTROLLED BY A USER OR OPERATOR OF THE COVERED PLATFORM.

(5) A COURT MAY REASONABLY EXTEND THE TIME REQUIRED TO COMPLYWITH ASEARCH WARRANTPROVIDED PURSUANTTO SUBSECTION (4) OF THIS SECTION IF THE COURT MAKES A WRITTEN FINDING THAT THE OPERATOR OR COVERED PLATFORM HAS SHOWN GOOD CAUSE FOR THE EXTENSION AND THAT AN EXTENSION WOULD NOT CAUSE AN ADVERSE RESULT, AS DEFINED IN18U.S.C.

SEC.

(6) TTHE HE FAILURE OF AN OPERATOR OR COVERED PLATFORM TO COMPLYWITHTHEREQUIREMENTSOFACOURTCOMPLY -ORDEREDSEARCHWARRANTWITHTHEREQUIREMENTS OFACOURT-ORDEREDSEARCH WARRANT AS DESCRIBED IN THIS SECTION SUPPORTS A FINDING OF CONTEMPT OF COURTCOURT, ,ASAS DESCRIBED IN SECTIO16-3-301.1SECTION 16-3-301.1 (6)(d).

(7) OON N OR AFTER THE EFFECTIVE DATE OF THIS SECTIONSECTION, , IF IT APPEARS TO THE ATTORNEY GENERAL OR TO A DISTRICT ATTORNEY WITH JURISDICTIONUPONCOMPLAINTOROTHERWISEJURISDICTION, ,THATAPERSONWITHINORUPON COMPLAINTOR OTHERWISE, THAT A PERSON WITHIN OR OUTSIDE THE STATE HAS VIOLATED THIS SECTIONINSECTION, IN ADDITION TO SEEKING ANYOTHERRELIEFAVAILABLEUNDERTHISPARTANY 3,THEATTORNEYGENERALOTHERRELIEFAVAILABLE UNDERTHIS PART3, THEATTORNEY GENERAL OR DISTRICT ATTORNEY MAY BRING AN ACTION OR PROCEEDING TO: