1.1.................... moves to amend H.F. No. 4138, the third engrossment, as follows:
1.2Page 1, after line 6, insert:

1.3    "Section 1. Minnesota Statutes 2024, section 325M.31, is amended to read:
1.4325M.31 DEFINITIONS.
1.5(a) For purposes of sections 325M.30 to 325M.34 325M.36, the following terms have
1.6the meanings given.
1.7(b) "Accessible user interface" means a way for a user to input data, make a choice, or
1.8take an action on a social media platform in two clicks or fewer.
1.9(c) "Account holder" means a natural person or legal person who holds an account or
1.10profile with a social media platform.
1.11(d) "Account interactions" means any action that a user can make within a social media
1.12platform that could have a negative impact on another account holder. Account interactions
1.13include but are not limited to:
1.14(1) sending messages or invitations to users;
1.15(2) reporting users;
1.16(3) commenting on, resharing, liking, voting, or otherwise reacting to users' user-generated
1.17content; and
1.18(4) posting user-generated content or disseminating user-generated content to users.
1.19Actions that have no impact on other users, including viewing user-generated content or
1.20public content, are not account interactions.
1.21(e) "Algorithmic ranking system" means a computational process, including one derived
1.22from algorithmic decision making, machine learning, statistical analysis, or other data
2.1processing or artificial intelligence techniques, used to determine the selection, order, relative
2.2prioritization, or relative prominence of content from a set of information that is provided
2.3to a user on a social media platform, including search results ranking, content
2.4recommendations, content display, or any other automated content selection method.
2.5(f) "Conspicuously" means the information is presented in a manner, given the
2.6information's size, color, contrast, location, and proximity to any related information, as to
2.7be readily noticed and understood by a reasonable user.
2.8(g) "Content" means any media, including but not limited to written posts, images, visual
2.9or audio recordings, notifications, and games, that a user views, reads, watches, listens to,
2.10or otherwise interacts or engages with on a social media platform. Content includes other
2.11account holders' accounts or profiles when recommended to a user by the social media
2.12platform.
2.13(h) "Engage" or "engagement" means a user's utilization of the social media platform.
2.14(i) "Expressed preferences" means a freely given, considered, specific, and unambiguous
2.15indication of a user's preferences regarding the user's engagement with a social media
2.16platform. Expressed preferences must not be based on the user's time spent engaging with
2.17content on the social media platform or on the use of features that do not indicate explicit
2.18preference, including comments made, posts reshared, or similar actions that may be taken
2.19on content the user perceives to be of low quality. Expressed preferences must not be
2.20obtained through a user interface designed or manipulated with the substantial effect of
2.21subverting or impairing a user's decision making.
2.22(j) "Social media platform" means an electronic medium, including a browser-based or
2.23application-based interactive computer service, Internet website, telephone network, or data
2.24network, that allows an account holder to create, share, and view user-generated content
2.25for a substantial purpose of social interaction, sharing user-generated content, or personal
2.26networking. Social media platform does not include:
2.27(1) an Internet search provider;
2.28(2) an Internet service provider;
2.29(3) an email service;
2.30(4) a streaming service, online video game, e-commerce, or other Internet website where
2.31the content is not user generated but where interactive functions enable chat, comments,
2.32reviews, or other interactive functionality that is incidental to, directly related to, or dependent
2.33upon providing the content;
3.1(5) a communication service, including text, audio, or video communication technology,
3.2provided by a business to the business's employees and clients for use in the course of
3.3business activities and not for public distribution, except that social media platform includes
3.4a communication service provided by a social media platform;
3.5(6) an advertising network with the sole function of delivering commercial content;
3.6(7) a telecommunications carrier, as defined in United States Code, title 47, section 153;
3.7(8) a broadband service, as defined in section 116J.39, subdivision 1;
3.8(9) single-purpose community groups for education or public safety;
3.9(10) teleconferencing or video-conferencing services that allow reception and transmission
3.10of audio and video signals for real-time communication, except that social media platform
3.11includes teleconferencing or video-conferencing services provided by a social media platform;
3.12(11) cloud computing services, which may include cloud storage and shared document
3.13collaboration;
3.14(12) providing or obtaining technical support for a platform, product, or service; or
3.15(13) a platform designed primarily and specifically for creative professional users, as
3.16distinct from the general public, to share their portfolio and creative content, engage in
3.17professional networking, acquire clients, and market the creative professional user's creative
3.18content and creative services through facilitated transactions.
3.19(k) "Time sensitive" means content that is welcomed under a user's expressed preferences
3.20and that has significantly reduced value to the user with the passing of time.
3.21(l) "User" means a natural person who is located in Minnesota and who holds an account
3.22or profile with a social media platform.
3.23(m) "User-generated content" means any content created by an account holder that is
3.24uploaded, posted, shared, or disseminated on the social media platform.

3.25    Sec. 2. [325M.36] SOCIAL MEDIA BEHAVIORAL THREAT ASSESSMENT AND
3.26REPORTING.
3.27    Subdivision 1. Social media behavioral threat assessment and reporting;
3.28requirements. (a) If a social media platform becomes aware of any information giving rise
3.29to a suspicion that a criminal offense involving a threat to the life or safety of a person or
3.30persons has taken place, is taking place, or is likely to take place, it shall promptly report
4.1its suspicion to the Minnesota Fusion Center (MNFC) and provide all relevant information
4.2available.
4.3    (b) Nothing in this section prevents a social media platform from any other reporting
4.4normally done in the course of business or as required by law, including contacting local,
4.5state, national law enforcement, school safety centers, or other facilities or individuals.
4.6    Subd. 2. Enforcement. (a) If a social media platform violates this section, the attorney
4.7general may bring an enforcement action under paragraph (b).
4.8    (b) The attorney general may bring an enforcement action against a social media platform
4.9to enforce a provision of this section in accordance with section 8.31. If the state prevails
4.10in an action to enforce this section, the state may, in addition to penalties provided by
4.11paragraph (c) or other remedies provided by law, be allowed an amount determined by the
4.12court to be the reasonable value of all or part of the state's litigation expenses incurred.
4.13    (c) Any social media platform that violates this section is subject to an injunction and
4.14any other equitable relief, and is liable for a civil penalty of not more than $1,000,000 for
4.15each violation.
4.16    Subd. 3. Data practices. The MNFC, along with the agency that carries on a law
4.17enforcement function that subsequently obtains information from a social media platform,
4.18must treat the data as criminal investigative data under section 13.82, subdivision 7.
4.19    Subd. 4. Immunity from liability. This section does not create a unique cause of action
4.20for an individual. A social media platform that uses currently available technology and
4.21follows the requirements of this section is not liable to an individual or any persons for the
4.22criminal actions of another based on the requirements or standards in this section."
4.23Renumber the sections in sequence and correct the internal references
4.24Amend the title accordingly