Chapter 31.6Social Media Platforms and Law Enforcement

Section § 22946

Explanation
This section defines key terms used in the chapter. It explains that a 'law enforcement agency' is any police or governmental agency in the state. A 'law enforcement liaison' is someone working for a social media platform who communicates with these agencies. A 'search warrant' is a legal document allowing law enforcement to conduct a search, as detailed in the Penal Code. Lastly, a 'social media platform' is described in another section, Section 22945.
As used in this chapter:
(a)CA Business and Professions Code § 22946(a) “Law enforcement agency” means a law enforcement agency in the state.
(b)CA Business and Professions Code § 22946(b) “Law enforcement liaison” means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.
(c)CA Business and Professions Code § 22946(c) “Search warrant” means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code.
(d)CA Business and Professions Code § 22946(d) “Social media platform” has the same meaning as defined in Section 22945.
law enforcement agency social media platform law enforcement liaison search warrant contact with police Chapter 3 Title 12 Penal Code Section 1523
(Added by Stats. 2024, Ch. 985, Sec. 1. (SB 918) Effective January 1, 2025. Operative July 1, 2025, pursuant to Section 22946.3.)

Section § 22946.1

Explanation

This law requires social media platforms to have a process in place for law enforcement to contact them. This process includes a staffed hotline, continuous availability, and a way to update law enforcement on requests for information. Social media companies must comply with search warrants within 72 hours if it's about user account information, unless exceptions apply. A court can extend this deadline if good reasons are given, and it won't have negative consequences.

(a)CA Business and Professions Code § 22946.1(a) A social media platform shall maintain a law enforcement contact process that does all of the following:
(1)CA Business and Professions Code § 22946.1(a)(1) Makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information.
(2)CA Business and Professions Code § 22946.1(a)(2) Provides continual availability of the law enforcement contact process.
(3)CA Business and Professions Code § 22946.1(a)(3) Includes a method to provide status updates to a requesting law enforcement agency on a request for information or a warrant provided pursuant to subdivision (b).
(b)Copy CA Business and Professions Code § 22946.1(b)
(1)Copy CA Business and Professions Code § 22946.1(b)(1) Except as provided by any other law, including, but not limited to, the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775) of Part 4 of the Penal Code) and Section 1546.5 of the Penal Code, a social media platform shall comply with a search warrant within 72 hours if both of the following apply:
(A)CA Business and Professions Code § 22946.1(b)(1)(A) The search warrant is provided to the social media platform by a law enforcement agency.
(B)CA Business and Professions Code § 22946.1(b)(1)(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.
(2)CA Business and Professions Code § 22946.1(b)(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.
social media platform law enforcement contact staffed hotline search warrant compliance 72-hour timeframe user account information Reproductive Rights Law Enforcement Act continuous availability status updates court extension good cause adverse result Section 1524.2 law enforcement requests compliance with warrants
(Added by Stats. 2024, Ch. 985, Sec. 1. (SB 918) Effective January 1, 2025. Operative July 1, 2025, pursuant to Section 22946.3.)

Section § 22946.2

Explanation

This law says that if a social media platform has fewer than 1,000,000 unique users each month, the rules in this chapter don't apply to it.

This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.
social media platforms monthly users 1 000 000 user threshold exemption criteria chapter applicability user metrics discrete users platform size exclusions small platforms user count requirement
(Added by Stats. 2024, Ch. 985, Sec. 1. (SB 918) Effective January 1, 2025. Operative July 1, 2025, pursuant to Section 22946.3.)

Section § 22946.3

Explanation
This law section states that everything detailed in this chapter will start to be in effect on July 1, 2025.
This chapter shall become operative on July 1, 2025.
operative date July 1 2025 implementation timing beginning of enforcement effective date BPC chapter start execution date activation date commencement of chapter start date for provisions
(Added by Stats. 2024, Ch. 985, Sec. 1. (SB 918) Effective January 1, 2025.)