HB 1255

HOUSE BILL 26-1255
BY REPRESENTATIVE(S) St
Hamrick, Joseph, Lieder, Lin~- -
                                                  ~ 0.  Garcia, Goldstein,
                                                    n 'tone, Willford;
also SENATOR(S) Cutt Be  nielson, Daugherty, Gonzales J.,
Jodeh, Kolker, Marchman,  ace, Coleman.
CONCERNING PROTECTIONS FOR USERS OF ELECTRONIC MEDIA, AND, IN
         CONNECTION THEREWITH, REQUIRING AN OPERATOR OF A SOCIAL
         MEDIA PLATFORM TO ENSURE THE SOCIAL MEDIA PLATFORM
        PROVIDES A STREAMLINED PROCESS TO ALLOW A LAW ENFORCEMENT
        AGENCY TO CONTACT THE SOCIAL MEDIA PLATFORM CONCERNING A
        SEARCH WARRANT AND REQUIRING AN OPERATOR TO REPORT TO A
        LOCAL LAW ENFORCEMENT AGENCY IF THE OPERATOR'S SOCIAL
         MEDIA PLATFORM TAKES AN ADVERSE ACTION AGAINST A USER OF
        THE SOCIAL MEDIA PLATFORM.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. In Colorado Revised Statutes, add 16-3-314 as
follows:
      16-3-314. Search warrants served on social media platforms -
process required - definitions.
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
        (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
        (a) "OPERATOR" MEANS A PERSON, BUSINESS, OR OTHER LEGAL
ENTITY THAT OPERATES OR PROVIDES A SOCIAL MEDIA PLATFORM.
        (b) (I) "SOCIAL MEDIA PLATFORM" MEANS A PUBLIC OR SEMIPUBLIC
WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION
THAT:
        (A) HAS AT LEAST ONE MILLION DISCRETE MONTHLY USERS;
        (B) ALLOWS A USER TO CONSTRUCT A PUBLIC OR SEMIPUBLIC
PROFILE FOR THE PURPOSE OF USING THE WEBSITE, SERVICE, OR
APPLICATION; AND
        (C) ALLOWS A USER TOCREATEORPOSTCONTENTTHATIS VIEWABLE
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 OR BY ARTIFICIAL INTELLIGENCE. A
WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION
SHALL NOT BE DEEMED TO SATISFY THE CRITERION DESCRIBED IN THIS
SUBSECTION (l)(b)(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 RA TING OR REVIEWING
PRODUCTS OR SERVICES OR, IN THE CASE OF A WEBSITE, 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 BECAUSE THE WEBSITE, ONLINE SERVICE, 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) "SOCIALMEDIAPLATFORM"INCLUDESFEATURESORSERVICESOF
A SOCIAL MEDIA PLATFORM.
        (Ill) "SOCIAL MEDIA PLATFORM" INCLUDES AN INTERNET-BASED
SERVICE OR APPLICATION IN WHICH THE PREDOMINANT OR EXCLUSIVE
PAGE 2-HOUSE BILL 26-1255
FUNCTION IS INTERACTIVE GAMING, VIRTUAL GAMING, OR AN ONLINE
SERVICE THAT ALLOWS THE CREATION AND UPLOADING OF CONTENT FOR THE
PURPOSE OF INTERACTIVE OR VIRTUAL GAMING, AS DESCRIBED IN SECTION
6-1-1601 (4)(b )(VII).
       (IV) "SOCIAL MEDIA PLATFORM" DOES NOT INCLUDE A SERVICE OR
APPLICATION THAT:
       (A) Is USED TO FACILITATE COMMUNICATION WITHIN A BUSINESS OR
ENTERPRISE AMONG EMPLOYEES OR AFFILIATES OF THE BUSINESS OR
ENTERPRISE, SO LONG AS ACCESS TO THE SERVICE OR APPLICATION IS
RESTRICTED TO EMPLOYEES OR AFFILIATES OF THE BUSINESS OR ENTERPRISE
USING THE SERVICE OR APPLICATION;
       (B) HAS 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 WITH,
A SOCIAL MEDIA PLATFORM; OR
       (C) Is A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE
APPLICATION WHOSE PRIMARY PURPOSE IS PROVIDING HEALTH INFORMATION,
HEALTH EDUCATION, OR HEALTH NAVIGATION SERVICES; FACILITATING
ACCESS TO REPRODUCTIVE HEALTH CARE, SEXUAL HEALTH SERVICES, OR
RELATED PATIENT ADVOCACY OR SUPPORT SERVICES; OR CONNECTING
INDIVIDUALS WITH PROVIDERS OF LEGALLY PROTECTED HEALTH-CARE
ACTIVITY, AS DEFINED IN SECTION 12-30-121     (l)(d), SO LONG AS THE
SERVICE OR APPLICATION IS NOT A FEATURE OR SERVICE OF, OR OTHERWISE
AS SOCIATED OR AFFILIATED WITH, A SOCIAL MEDIA PLATFORM THAT DOES
NOT PRIMARILY PROVIDE SUCH HEALTH-CARE SERVICES.
       (c)   "USER" MEANS A USER OF A SOCIAL MEDIA PLATFORM IN
COLORADO WHO IS NOT ACTING AS AN OPERATOR, OR AN AGENT OR
AFFILIATE OF AN OPERATOR, OF THE SOCIAL MEDIA PLATFORM OR ANY
PORTION OF THE SOCIAL MEDIA PLATFORM.
       (2) AN OPERATOR SHALL ENSURE THAT ITS SOCIAL MEDIA PLATFORM
PROVIDES A STREAMLINED PROCESS TO ALLOW LAW ENFORCEMENT
AGENCIES TO CONTACT THE SOCIAL MEDIA PLATFORM. THE PROCESS MUST,
AT A MINIMUM:
PAGE 3-HOUSE BILL 26-1255
       (a) BE AVAILABLE TO LAW ENFORCEMENT AGENCIES AT ALL TIMES;
AND
       (b) MAKE AVAILABLE AT ALL TIMES A STAFFED HOTLINE FOR LAW
ENFORCEMENT OFFICERS FOR THE PURPOSES OF:
       (I)    RECEIVING AND RESPONDING TO QUESTIONS ABOUT SEARCH
WARRANTS;
       (II) ACKNOWLEDGING THE RECEIPT OF A SEARCH WARRANT WITHIN
EIGHT HOURS AFTER RECEIPT; AND
      (Ill)     PROVIDING   STATUS   UPDATES   ON   SEARCH   WARRANT
COMPLIANCE TO A REQUESTING LAW ENFORCEMENT AGENCY.
       (3) EXCEPT AS PROVIDED IN SUBSECTION ( 4) OF THIS SECTION OR ANY
OTHER LAW, INCLUDING SECTION  32 OF ARTICLE II OF THE STATE
CONSTITUTION; THE "COLORADO PRIVACY ACT", PART 13 OF ARTICLE 1 OF
TITLE 6; SECTION 16-3-301 (4 ); AND THE "REPRODUCTIVE HEALTH EQUITY
ACT", PART 4 OF ARTICLE 6 OF TITLE 25, AN OPERA TOR SHALL COMPLY WITH
A SEARCH WARRANT WITHIN TWENTY-FOUR 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 SOCIAL MEDIA PLATFORM BY A LAW ENFORCEMENT AGENCY;
      (b)     THE SUBJECT OF THE SEARCH WARRANT IS INFORMATION
ASSOCIATED WITH A USER'S ACCOUNT ON A SOCIAL MEDIA PLATFORM
OPERATED BY THE OPERATOR; AND
      (c) THE INFORMATION IS CONTROLLED BY A USER OR OPERATOR OF
THE SOCIAL MEDIA PLATFORM.
      ( 4) A COURT MAY REASONABLY EXTEND THE TIME REQUIRED TO
COMPLY WITH A SEARCH WARRANT ISSUED PURSUANT TO SUBSECTION (3) OF
THISSECTIONIFTHECOURTMAKESA WRITTENFINDINGTHATTHEOPERATOR
OR SOCIAL MEDIA PLATFORM HAS SHOWN GOOD CAUSE FOR THE EXTENSION
AND THAT AN EXTENSION WOULD NOT CAUSE AN ADVERSE RESULT, AS
DEFINED IN 18 U.S.C. SEC. 2705 (a)(2).
PAGE 4-HOUSE BILL 26-1255
       (5)    ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IF IT
APPEARS TO THE ATTORNEY GENERAL OR A DISTRICT ATTORNEY, UPON
COMPLAINT OR OTHER WISE, THAT ANY PERSON WITHIN OR OUTSIDE THE
STATE HAS VIOLATED THIS SECTION, THE ATTORNEY GENERAL OR DISTRICT
ATTORNEY MAY BRING AN ACTION OR PROCEEDING TO:
       (a) ENJOIN THE VIOLATION;
       (b) OBTAIN RESTITUTION OF ANY MONEY OR PROPERTY OBTAINED
DIRECTLY OR INDIRECTLY AS A RESULT OF THE VIOLATION;
       (c) OBTAIN DISGORGEMENT OF ANY PROFITS OR GAINS OBTAINED
DIRECTLY OR INDIRECTLY AS A RESULT OF THE VIOLATION;
       (d) OBTAIN DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY THE
VIOLATION;
       ( e)   OBTAIN CIVIL PENALTIES OF UP TO TWO HUNDRED FIFTY
THOUSAND DOLLARS PER VIOLATION; AND
       (f) OBTAIN SUCH OTHER RELIEF AS THE COURT MAY DEEM PROPER,
INCLUDING PRELIMINARY RELIEF.
       SECTION 2. In Colorado Revised Statutes, add 6-1-1602 as
follows:
       6-1-1602. Social media platforms - duty to report adverse
actions to local law enforcement agency - definitions - rules.
      (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
      (a) (I) "ADVERSE ACTION" MEANS A RESTRICTION, SUSPENSION, OR
TERMINATION OF A USER'S ACCOUNT ON A SOCIAL MEDIA PLATFORM AFTER
HUMAN REVIEW, WHICH RESTRICTION, SUSPENSION, OR TERMINATION IS
IMPLEMENTED AGAINST A USER IN RESPONSE TO THE USER POSTING CONTENT
THAT IS AVAILABLE TO THE GENERAL PUBLIC IN VIOLATION OF THE SOCIAL
MEDIA PLATFORM'S POLICIES CONCERNING SPECIFIC OR IMMINENT THREATS.
      (II)    "ADVERSE ACTION" DOES NOT INCLUDE AN ACTION TAKEN
PAGE 5-HOUSE BILL 26-1255
SOLELY IN RESPONSE TO CONTENT THAT CONSTITUTES, DESCRIBES,
FACILITATES, OR DISCUSSES LEGALLY PROTECTED HEALTH-CARE ACTIVITY
AS DEFINED IN SECTION 12-30-121     (l)(d), INCLUDING DISCUSSION OF,
REFERRAL TO, OR ASSISTANCE WITH OBTAINING REPRODUCTIVE
HEALTH-CARE SERVICES THAT ARE LAWFUL UNDER COLORADO LAW.
      (b) "LOCAL LAW ENFORCEMENT AGENCY" MEANS EITHER:
      (I)    THE MUNICIPAL    LAW   ENFORCEMENT AGENCY      OF THE
MUNICIPALITY IN WHICH A USER RESIDES; OR
      (II) THE COUNTY SHERIFF OF THE COUNTY IN WHICH A USER RESIDES.
      (c)   "OPERATOR" MEANS A PERSON, BUSINESS, OR OTHER LEGAL
ENTITY THAT OPERATES OR PROVIDES A SOCIAL MEDIA PLATFORM.
      (d)   "SOCIAL MEDIA PLATFORM" HAS THE MEANING SET FORTH IN
SECTION 16-3-314 (l)(b).
      (e)   "USER" MEANS A USER OF A SOCIAL MEDIA PLATFORM IN
COLORADO WHO IS NOT ACTING AS AN OPERATOR, OR AN AGENT OR
AFFILIATE OF AN OPERATOR, OF THE SOCIAL MEDIA PLATFORM OR ANY
PORTION OF THE SOCIAL MEDIA PLATFORM.
      (2) (a) NOT LATER THAN TWENTY-FOUR HOURS AFTER A SOCIAL
MEDIA PLATFORM TAKES AN ADVERSE ACTION AGAINST A USER, THE
OPERATOR OF THE SOCIAL MEDIA PLATFORM SHALL REPORT THE ADVERSE
ACTION TO THE LOCAL LAW ENFORCEMENT AGENCY, INCLUDING THE
CONTENT IN QUESTION THAT WAS ALLEGEDLY POSTED BY THE USER.
      (b) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, AN
OPERATOR SHALL NOT REPORT AN ADVERSE ACTION TO A LOCAL LAW
ENFORCEMENT AGENCY IF THE OPERATOR HAS A GOOD FAITH BELIEF THAT
THE CONTENT AT ISSUE CONSTITUTES LEGALLY PROTECTED HEALTH-CARE
ACTIVITY AS DEFINED IN SECTION 12-30-121 (l)(d).
      (3) A PERSON THAT VIOLATES THIS SECTION COMMITS AN UNFAIR OR
DECEPTIVE TRADE PRACTICE, AS DESCRIBED IN SECTION 6-1-105 (l)(vvvv).
      ( 4) THE ATTORNEY GENERAL MAY ADOPT RULES FOR THE PURPOSE
PAGE 6-HOUSE BILL 26-1255
OF CARRYING OUT THIS SECTION.
        SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1 )(vvvv)
as follows:
        6-1-105. Unfair or deceptive trade practices - definitions.
       ( 1) A person engages in a deceptive trade practice when, in the
course of the person's business, vocation, or occupation, the person:
        (vvvv) VIOLATES SECTION 6-1-1602.
        SECTION 4. In Colorado Revised Statutes, 6-1-1601, amend
(4)(a)(I) as follows:
        6-1-1601. Social media platform - youth users - definition.
       (4) (a) As used in this section, "social media platform" means an
internet-based service, website, or application that:
      (I) Has ONE OR more than one hundred thousand active users in
Colorado;
        SECTION 5. In Colorado Revised Statutes, 16-3-313, amend as
added by Senate Bill 26-011 (l)(a)(III), (4) introductory portion, and (7)(e)
as follows:
      16-3-313. Search warrants provided to covered platforms -
process required - enforcement - severability - definitions.
        (1) As used in this section, unless the context otherwise requires:
        (a) (Ill) "Covered platform" does not include a service or application
that:
        (A) Is used to facilitate communication within a business or
enterprise among employees or affiliates of the business or enterprise, so
long as access to the service or application is restricted to employees or
affiliates of the business or enterprise using the service or application; or
PAGE 7-HOUSE BILL 26-1255
      (B) Has 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 with, a covered platform; OR
       (C) Is A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE
APPLICATION WHOSE PRIMARY PURPOSE IS PROVIDING HEALTH INFORMATION,
HEALTH EDUCATION, OR HEALTH NAVIGATION SERVICES; FACILITATING
ACCESS TO REPRODUCTIVE HEALTH CARE, SEXUAL HEALTH SERVICES, OR
RELATED PATIENT ADVOCACY OR SUPPORT SERVICES; OR CONNECTING
INDIVIDUALS WITH PROVIDERS OF LEGALLY PROTECTED HEALTH-CARE
ACTIVITY, AS DEFINED IN SECTION 12-30-121 (l)(d), SO LONG AS THE
SERVICE OR APPLICATION IS NOT A FEATURE OR SERVICE OF, OR OTHERWISE
AS SOCIATED OR AFFILIATED WITH, A SOCIAL MEDIA PLATFORM THAT DOES
NOT PRIMARILY PROVIDE SUCH HEALTH-CARE SERVICES.
        (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 13 of article 1 of title 6; section 16-3-301 (4); and the
"Reproductive Health Equity Act", part 4 of article 6 of title 25, an operator
shallcomplywithasearchwarrantwithinscvcnty-twoTWENTY-FOURhours
after receiving the search warrant if all of the following apply:
        (7) On or after the effective date of this section, if it appears to the
attorney general or to a district attorney with jurisdiction, upon complaint
or otherwise, that a person within or outside the state has violated this
section, in addition to seeking any other relief available under this part 3,
the attorney general or district attorney may bring an action or proceeding
to:
     (e) Obtain civil penalties ofup to fivcthousandTWOHUNDREDFIFTY
THOUSAND dollars per violation; and
        SECTION 6. Act subject to petition - effective date. (1) Except
as provided in subsection (2) of this section, this act takes effect at 12:01
a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly (August 12, 2026, if adjournment sine
die is on May 13, 2026); except that, if a referendum petition is filed
pursuant to section 1 (3) of article V of the state constitution against this act
or an item, section, or part of this act within such period, then the act, item,
PAGE 8-HOUSE BILL 26-1255
section, or part will not take effect unless approved by the people at the
general election to be held in November 2026 and, in such case, will take
effect on the date of the official declaration of the vote thereon by the
governor.
        (2) Section 16-3-313, Colorado Revised Statutes, as amended in
section 5 of this act, takes effect only if Senate Bill 26-011 becomes law, in
which case section 5 of this act takes effect on the applicable effective date
of this act or Senate Bill 26-01 L whichever is later.
Ju!?i:iiifjit2'--..____,  ashad Coleman, Sr.
SPEAKER OF THE HOUSE ~1 _  PRESIDENT OF
OFREPRESENTATI~  V  THE SENATE
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
 D lS APPROVED AND \/etGtD on IY\~'¥ i'.'h"'¥ 2£+~ 2.0U 0\4 J2:(;fln
                                     (Date and Time)
                   Jared S. Polis
                   GOVERNOR OF
PAGE 9-HOUSE BILL 26-1255