House committee substitute to the 1st edition makes the following changes. Amends new GS 75-152 by deleting defined term commerce and adding defined term Department (NC Department of Commerce). Amends term large social media platform to specify that the service must have more than 30,000 monthly active users in the State (was, 1 million monthly active users in the United States) or generates more than $15 million in annual gross revenue from activities in the State (was, had to generate more than $500 million in annual gross revenue, adjusted annually for inflation). Amends term large social media provider to specify that the term does not include the following: (1) an Internet service provider, electronic mail, or online service application; (2) a website consisting primarily of news, sports, entertainment, or other information or content that is not user generated but is preselected or curated by the provider and for which chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of that information or content; (3) interactive video game service; or (4) e-commerce or online shopping. Amends definition of third-party safety software provider to delete requirement that the person is engaging for commercial purposes or affecting commerce.
Amends new GS 75-155 (was enforcement) to pertain to permits and rulemaking. Requires every large social media platform provider to obtain a permit from the Department before operating in the State. Requires a nonrefundable application fee of $1,000. Requires annual renewal with same fee. Provides for a form. Requires that the application must contain enough information to confirm compliance with the act. Permits the Department to retain the fees and use them for its operations and to issue rules to implement the act. Reorganizes the enforcement provision to GS 75-156.
LET PARENTS CHOOSE/SAMMY'S LAW OF 2023.
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| View NCGA Bill Details | 2023-2024 Session |
AN ACT TO ENACT THE LET PARENTS CHOOSE PROTECTION ACT OF 2023 TO FACILITATE MANAGEMENT OF THE SOCIAL MEDIA INTERACTIONS OF CHILDREN.Intro. by McNeely, Cotham, Johnson.
Bill History:
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Tue, 18 Apr 2023 House: Filed
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Wed, 19 Apr 2023 House: Passed 1st Reading
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Tue, 2 May 2023 House: Reptd Fav Com Substitute
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Tue, 2 May 2023 House: Re-ref Com On Families, Children, and Aging Policy
Bill Summaries:
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Bill H 773 (2023-2024)Summary date: May 2 2023 - View Summary
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Bill H 773 (2023-2024)Summary date: Apr 19 2023 - View Summary
Enacts Article 9, GS Chapter 75 to be cited as the Let Parents Choose Protection Act of 2023 or Sammy's Law of 2023. States legislative findings and defines seven terms. Requires large social media platform provider, as defined, with users in the State to create, maintain, and make available to any third-party safety software provider registered to do business in the State a set of third-party accessible real-time application programming interfaces and any information necessary to use the interfaces. Defines large social media platform as a website or online application that allows for use by a child, includes features that allow a child to share images, text, or video with other users with persons the child has met solely through the service, and has over 1 million monthly active users in the US or generates more than $500 million in annual gross revenue; provides for exclusions.
Provides for availability of the interfaces upon request of the third-party safety software provider in order to facilitate a child of at least 13 years or a legal guardian of a minor to delegate permission to the third-party safety software provider for two tasks: (1) managing the child's online interactions, content, and account settings on the large social media platform on terms designated by the child or the legal guardian of a child; and (2) initiating secure transfers of user data from the large social media platform in a commonly used and machine-readable format to the third-party safety software provider; prohibits the social media platform provider from limiting the transfers to less than once per hour.
Requires compliance with the requirements within 30 days of the date the platform meets the definition of a large social media platform and continues compliance until the platform no longer meets that definition, or delegation is revoked, the account is disabled, or the provider rejects the delegation. Generally prohibits disclosure of user data by a third-party safety software provider, with five limited exceptions specified, including disclosure to a lawful request from a governing body. Requires the provider to notify the parent or legal guardian of the child that disclosure has been or will be made for certain disclosures pursuant to state law or involving the health or safety of the individual, unless that notice would place the child at risk or is prohibited by law as described. Provides for enforcement of the Article as an unfair and deceptive trade practice under GS 75-1.1.
Provides for the act's requirements of large social media platform providers to apply beginning 30 days after the act becomes law.