Bill Summary for H 644 (2023-2024)

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Summary date: 

Apr 25 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 644 (Public) Filed Monday, April 17, 2023
AN ACT TO COMBAT SOCIAL MEDIA ADDICTION BY REQUIRING THAT SOCIAL MEDIA PLATFORMS RESPECT THE PRIVACY OF NORTH CAROLINA USERS' DATA AND NOT USE A NORTH CAROLINA MINOR'S DATA FOR ADVERTISING OR ALGORITHMIC RECOMMENDATIONS AND TO MAKE WILLFUL VIOLATIONS OF DATA USER PRIVACY AN UNFAIR PRACTICE UNDER G.S. 75-1.1.
Intro. by McNeely, K. Hall, Humphrey, Pickett.

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Bill summary

House committee substitute amends the 1st edition as follows.

Revises new Article 2B, the Social Media Algorithmic Control in Information Technology Act, enacted in GS Chapter 75. Adds algorithmic recommendation to the Article's defined terms, defined to mean a recommendation of suggested, promoted, or ranked information. Changes the definition of minor to mean an individual under 18 (was, 18 and under). Adds and defines North Carolina platform user, defined as an individual who resides in the State and uses a social media platform. Revises the definition of social media platform, limiting the definition to electronic mediums with more than one million monthly active users in the US; explicitly excludes internet service providers, communications services as defined in GS 160A-340(3), community forums where the primary purpose of the forum is for customer self-service support related to products, sellers, services, events, or places, or any combination thereof, interactive video game services, and online shopping or e-commerce. Limits the definition of user data to data collected from or concerning an NC platform user. Regarding the requirements of a social media platform operator relating to the data and privacy of users, limits the scope of the requirements to that of NC platform users. Similarly makes the requirements regarding social media platform operators' algorithmic recommendation systems' use of a minor's data to limit the requirements to the data of NC platform users who are minors, as now defined. Specifies that the prohibition on using user data from a North Carolina platform user who is a minor is used to inform content recommendations to the minor is not intended to prevent content (was, algorithmic recommendations) from being shown as a direct result of explicit actions. Limits the private right of action against a social media platform who fails to comply with the Article's requirements to an NC platform user (was, user). Makes organizational and technical changes. Changes the long title.