TikTok will challenge the newly approved “unconstitutional” law forcing ByteDance to sell the platform, it said in a statement Wednesday as President Joe Biden signed the measure.
Social Media
Social media platforms are facing intense scrutiny over how they collect, share and monetize user data. As new state and federal laws focus on age verification, parental controls and transparency requirements, social media companies face legal risks around algorithmic targeting, third-party tracking and children's safety. This page follows key legislation, investigations and lawsuits shaping privacy practices for major social platforms.
Georgia will stop kids younger than 16 from getting social media accounts without parental consent. Gov. Brian Kemp (R) signed a mandatory age-verification bill (SB-351) on Tuesday despite tech industry groups seeking a veto (see 2404020055). “As social media has taken more and more room in our young people’s lives, we have seen increases in mental health struggles and other negative behaviors and attitudes,” Kemp said. “We cannot continue to sit by and do nothing as young Georgians develop addictions and disorders and suffer at the hands of online antagonists.” However, NetChoice General Counsel Carl Szabo said the law “breaches Georgians’ privacy, endangers security, violates constitutional rights, and creates a one-size-fits all ‘solution’ that erases parents.”
Forcing ByteDance to divest TikTok is the right move and will withstand legal challenges, Senate Democrats and Republicans told us Tuesday as the chamber cleared the first procedural hurdle in approving the provision in the FY 2024 national security appropriations supplemental package (see 2404220049 and 2404190042).
California state and local enforcers could seek injunctive relief for digital discrimination under modification to a bill by Assemblymember Mia Bonta (D). The Assembly Judiciary Committee approved AB-2239 with the amendment at a livestreamed meeting Tuesday. The panel and the Senate Judiciary Committee also considered multiple bills on algorithms and social media.
The Senate Commerce Committee is eyeing a May 1 vote on the to-be-filed Spectrum and National Security Act from panel Chair Maria Cantwell, D-Wash., and Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., lobbyists told us. A general notice on the Senate Commerce markup session was online Wednesday night but the committee hadn’t formally announced its agenda. It wasn’t certain Wednesday night whether the Spectrum and National Security Act would actually be part of the meeting. The executive session will begin at 10 a.m. in 253 Russell. There are five other telecom and tech-focused bills on the docket: the Rural Broadband Protection Act (S-275), Network Equipment Transparency Act (S-690), Protecting Kids on Social Media Act (S-1291), Create AI Act (S-2714) and Future of AI Innovation Act (S-4178).
The Colorado General Assembly supported permanent high-cost support on Friday. The House, which had earlier passed HB-1234, voted 58-2 Friday to concur with Senate amendments and 51-9 to pass the bill a second time. The bill would indefinitely extend the state's high-cost support mechanism, which provides subsidies to a dozen rural telecom providers and is scheduled to sunset Sept. 1. The Senate passed the bill last week (see 2404160026). Also that day, the House voted 58-2 to concur with Senate amendments and 51-9 to repass a kids’ social media bill (HB-1136). It would require the state’s education department to create elementary and secondary school curricula on social media’s mental health issues (see 2404120013). Gov. Jared Polis (D) will consider the bills next. Meanwhile, the Colorado Senate voted 33-0 to approve a biometric data privacy bill (HB-1130) and 19-14 in favor of a 911 bill (SB-139). The House previously passed HB-1130 but must concur with Senate changes. The House hasn’t considered SB-139, which would create an additional state 911 fee (See 2404160036).
The House on Friday voted 316-94 to advance a foreign aid package, setting up a Saturday vote on four bills, including one that would force ByteDance to divest TikTok.
Most ex parte meetings on the net neutrality order have focused on Chairwoman Jessica Rosenworcel and her fellow Democrats Geoffrey Starks and Anna Gomez, with about twice as many meetings as with the Republicans, based on our count. Industry officials said that’s not surprising, saying Commissioners Brendan Carr and Nathan Simington certainly will dissent and have little leverage to seek changes. Commissioners vote Thursday.
Congressional Republicans have remained relatively quiet about the FCC’s draft net neutrality order since Chairwoman Jessica Rosenworcel released it earlier this month (see 2404030043) but are likely to become more active in opposition when the commission adopts it as expected next week, lawmakers and observers said in interviews. Congressional Democrats have been comparatively active since the draft’s release, including sending Rosenworcel suggestions aimed at preventing loopholes that ISPs could use to circumvent regulation. Congressional Democrats highlighted that divergence in style Thursday by bringing Rosenworcel to Capitol Hill for a news conference that amounted to a preemptive victory lap ahead of the FCC’s April 25 vote on the order.
Colorado broadband and social media bills passed their originating chambers Tuesday. The House voted 54-7 on Wednesday to pass HB-1336, which transfers authority for awarding grant money from the state’s high-cost support mechanism to the state broadband office from a broadband deployment board in the governor's IT office (see 2404120013). It will go to the Senate. Meanwhile, the Senate voted 30-1 to pass a kids’ social media bill (SB-158) that would require age verification (see 2404160019). Appropriators cleared the measure Tuesday (see 2404160019). It will go to the House.