Obligations Arising From Particular TransactionsChild Sexual Abuse Material Hosted on a Social Media Platform

Section § 3273.65

Explanation

This law defines important terms used in a section dealing with child sexual abuse materials and social media. It clarifies that ‘child pornography’ and ‘identifiable minor’ align with federal definitions, while 'obscene matter' follows state definitions. It also outlines that not all social media entities are covered, such as nonprofit organizations and encrypted messaging services. This ensures clarity on who must comply with social media reporting requirements for child sexual abuse material.

As used in this title:
(a)CA Civil Law Code § 3273.65(a) “Child pornography” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time.
(b)CA Civil Law Code § 3273.65(b) “Child sexual abuse material” means either of the following:
(1)CA Civil Law Code § 3273.65(b)(1) Child pornography.
(2)CA Civil Law Code § 3273.65(b)(2) Obscene matter that depicts a minor personally engaging in, or personally simulating, sexual conduct.
(c)CA Civil Law Code § 3273.65(c) “Identifiable minor” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time.
(d)CA Civil Law Code § 3273.65(d) “Minor” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time.
(e)CA Civil Law Code § 3273.65(e) “Obscene matter” has the same meaning as defined in Section 311 of the Penal Code.
(f)CA Civil Law Code § 3273.65(f) “Reporting user” means a natural person who reports material to a social media platform using the means provided by the social media platform pursuant to Section 3273.61.
(g)Copy CA Civil Law Code § 3273.65(g)
(1)Copy CA Civil Law Code § 3273.65(g)(1) “Social media company” has, except as provided in paragraph (2), the same meaning as defined in Section 22675 of the Business and Professions Code.
(2)CA Civil Law Code § 3273.65(g)(2) “Social media company” does not include a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.
(h)Copy CA Civil Law Code § 3273.65(h)
(1)Copy CA Civil Law Code § 3273.65(h)(1) “Social media platform” has, except as provided in paragraph (2), the same meaning as defined in Section 22675 of the Business and Professions Code.
(2)CA Civil Law Code § 3273.65(h)(2) “Social media platform” does not include either of the following:
(A)CA Civil Law Code § 3273.65(h)(2)(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.
(B)CA Civil Law Code § 3273.65(h)(2)(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.
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Section § 3273.66

Explanation

This law requires social media platforms to provide a way for California residents to report content they believe is child sexual abuse material, where they are depicted as minors. The platform must allow users to report content easily and ensure they have a way to contact the user reporting it, without using a method controlled by the platform. Once material is reported, it must be investigated and blocked if it fits the criteria of abuse material. Social media platforms must inform the reporting user about the receipt of their report within 36 hours and provide them with regular status updates every week. A final determination about the material must be communicated to the reporting user. All these actions should be completed within 30 days, or 60 days if there are circumstances beyond the platform’s control, with notice of delays given to the user.

A social media platform shall do all of the following:
(a)CA Civil Law Code § 3273.66(a) Provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes meets all of the following criteria:
(1)CA Civil Law Code § 3273.66(a)(1) The reported material is child sexual abuse material.
(2)CA Civil Law Code § 3273.66(a)(2) The reporting user is an identifiable minor depicted in the reported material.
(3)CA Civil Law Code § 3273.66(a)(3) The reported material is displayed, stored, or hosted on the social media platform.
(b)CA Civil Law Code § 3273.66(b) Collect information reasonably sufficient to enable the social media platform to contact, pursuant to subdivision (c), a reporting user.
(c)CA Civil Law Code § 3273.66(c) A social media platform shall contact a reporting user in writing by a method, including, but not limited to, a telephone number for purposes of sending text messages, or an email address, that meets both of the following criteria:
(1)CA Civil Law Code § 3273.66(c)(1) The method is chosen by the reporting user.
(2)CA Civil Law Code § 3273.66(c)(2) The method is not a method that is within the control of the social media company that owns or operates the social media platform.
(d)Copy CA Civil Law Code § 3273.66(d)
(1)Copy CA Civil Law Code § 3273.66(d)(1) Permanently block the instance of reported material from being viewable on the social media platform if the reported material meets all of the following criteria:
(A)CA Civil Law Code § 3273.66(d)(1)(A) There is a reasonable basis to believe that the reported material is child sexual abuse material.
(B)CA Civil Law Code § 3273.66(d)(1)(B) The reported material is displayed, stored, or hosted on the social media platform.
(C)Copy CA Civil Law Code § 3273.66(d)(1)(C)
(i)Copy CA Civil Law Code § 3273.66(d)(1)(C)(i) The report contains basic identifying information, such as an account identifier, sufficient to permit the social media platform to locate the reported material.
(ii)CA Civil Law Code § 3273.66(d)(1)(C)(i)(ii) A social media platform shall not require a report to contain a specific piece of information for purposes of this subparagraph.
(2)CA Civil Law Code § 3273.66(d)(2) A social media platform shall make reasonable efforts to remove and block other instances of the same reported material blocked pursuant to this subdivision from being viewable on the social media platform.
(e)CA Civil Law Code § 3273.66(e) Provide written confirmation to a reporting user that the social media platform received that person’s report that meets all of the following criteria:
(1)CA Civil Law Code § 3273.66(e)(1) The written confirmation is provided to the reporting user within 36 hours of when the material was first reported.
(2)CA Civil Law Code § 3273.66(e)(2) The written confirmation is provided using the information collected from the reporting user under subdivision (b).
(3)CA Civil Law Code § 3273.66(e)(3) The written confirmation informs the reporting user of the schedule of regular written updates that the social media platform is required to make under subdivision (f).
(f)Copy CA Civil Law Code § 3273.66(f)
(1)Copy CA Civil Law Code § 3273.66(f)(1) Provide a written update to the reporting user as to the status of the social media platform’s handling of the reported material using the information collected from the reporting user under subdivision (b).
(2)CA Civil Law Code § 3273.66(f)(2) The written update required by this subdivision shall be provided seven days after the date on which the written confirmation required under subdivision (e) was provided and every seven days thereafter until the final written determination required by subdivision (g) is provided.
(g)CA Civil Law Code § 3273.66(g) Issue a final written determination to the reporting user, using the information collected from the reporting user under subdivision (b), stating one of the following:
(1)CA Civil Law Code § 3273.66(g)(1) The reported material has been determined to be child sexual abuse material that was displayed, stored, or hosted on the social media platform and has been blocked on the social media platform.
(2)CA Civil Law Code § 3273.66(g)(2) The reported material has been determined not to be child sexual abuse material.
(3)CA Civil Law Code § 3273.66(g)(3) The reported material has been determined not to be displayed, stored, or hosted on the social media platform.
(h)Copy CA Civil Law Code § 3273.66(h)
(1)Copy CA Civil Law Code § 3273.66(h)(1) Except as provided in paragraph (2), comply with subdivisions (c) to (g), inclusive, no later than 30 days after the date on which material was first reported pursuant to this section.
(2)Copy CA Civil Law Code § 3273.66(h)(2)
(A)Copy CA Civil Law Code § 3273.66(h)(2)(A) If the social media platform cannot comply with subdivisions (c) to (g), inclusive, due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with subdivisions (c) to (g), inclusive, no later than 60 days after the date on which material was first reported pursuant to this section.
(B)CA Civil Law Code § 3273.66(h)(2)(A)(B) If this paragraph applies, the social media platform shall promptly provide written notice of the delay, no later than 48 hours from the time the social media platform knew the delay was likely to occur, to the reporting user using the information collected from the reporting user under subdivision (b).
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Section § 3273.67

Explanation

If a social media company breaks the rules in this law, they can be sued by someone who reports them. The company might have to pay damages, including real losses and possibly up to $250,000 for each rule violation. However, the amount can be less if they take certain actions to remove or report harmful material, especially involving child sexual abuse. The law also takes into account how serious the violation is and if it's happened before. Additionally, the company might need to pay the court costs and lawyer fees. If they don't fix the issue within a certain time, it can be assumed the reporter deserves damages. This law doesn't stop other legal actions defined elsewhere.

(a)CA Civil Law Code § 3273.67(a) A social media company that fails to comply with the requirements of this title shall be liable to a reporting user for all of the following:
(1)CA Civil Law Code § 3273.67(a)(1) Any actual damages sustained by the reporting user as a result of the violation.
(2)Copy CA Civil Law Code § 3273.67(a)(2)
(A)Copy CA Civil Law Code § 3273.67(a)(2)(A) (i) Subject to clauses (ii) and (iii), statutory damages of no more than two hundred fifty thousand dollars ($250,000) per violation.
(ii)CA Civil Law Code § 3273.67(a)(2)(A)(ii) If a social media platform has permanently blocked the instance of the reported material pursuant to subdivision (d) of Section 3273.66 before a complaint is filed for a violation of this title, the maximum statutory damages awarded pursuant to clause (i) shall be one hundred twenty-five thousand dollars ($125,000) per violation.
(iii)CA Civil Law Code § 3273.67(a)(2)(A)(iii) If a social media platform meets all of the following requirements, the maximum statutory damages awarded pursuant to clause (i) for a violation of subdivisions (d) to (g), inclusive, of Section 3273.66 shall be seventy-five thousand dollars ($75,000) per violation:
(I)CA Civil Law Code § 3273.67(a)(2)(A)(iii)(I) The social media platform registers with, and participates in, the National Center for Missing and Exploited Children’s Take It Down service or its successor.
(II) The social media platform receives updated hash values for identified child sexual abuse material from the National Center for Missing and Exploited Children’s Take It Down service, or its successor, at least once every 36 hours.
(III) Within 36 hours of receiving updated hash values for identified child sexual abuse material from the National Center for Missing and Exploited Children’s Take it Down service, or its successor, pursuant to subclause (II), the social media platform removes child sexual abuse material identified by hash values from the social media platform.
(IV) The social media platform reports identified child sexual abuse material to the National Center for Missing and Exploited Children’s CyberTipline, as required by Section 2258A of Title 18 of the United States Code.
(V)CA Civil Law Code § 3273.67(a)(2)(A)(iii)(V) The social media platform provides to a reporting user both of the following when a user reports child sexual abuse material to the platform directly:
(ia) Written confirmation to the reporting user that the social media platform received that person’s report within 36 hours after the child sexual abuse material was reported.
(ib) A final written determination to the reporting user within 30 days after the date on which the material was first reported.
(B)CA Civil Law Code § 3273.67(a)(2)(A)(B) In determining the amount of statutory damages pursuant to this paragraph, a court shall consider the willfulness and severity of the violation and whether the social media platform has previously violated this title.
(3)CA Civil Law Code § 3273.67(a)(3) Costs of the action, together with reasonable attorney’s fees, as determined by the court.
(4)CA Civil Law Code § 3273.67(a)(4) Any other relief that the court deems proper.
(b)CA Civil Law Code § 3273.67(b) The failure of a social media platform to comply with subdivisions (c) to (g), inclusive, of Section 3273.66 within 60 days after the date on which material was first reported pursuant to Section 3273.66 shall establish a rebuttable presumption that the reporting user is entitled to statutory damages under this section.
(c)CA Civil Law Code § 3273.67(c) This title shall not be construed to limit or impair in any way a cause of action under paragraph (1) of Section 1710.
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Section § 3273.68

Explanation

This law says that you can't waive, or give up, the rights provided by this specific title of the law. Any attempt to do so is not allowed and won't be recognized as valid.

A waiver of the provisions of this title is contrary to public policy and is void and unenforceable.
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Section § 3273.69

Explanation

This law states that if one part of the law is found to be invalid or unenforceable, it doesn't affect the rest of the law. The remaining parts can still be applied and enforced on their own.

The provisions of this title are severable. If any provision of this title or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
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