Bill Text: CA SB74 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State entities: state-owned or state-issued devices: social media platforms.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2023-09-06 - Ordered to inactive file on request of Assembly Member Bryan. [SB74 Detail]

Download: California-2023-SB74-Amended.html

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Amended  IN  Senate  April 10, 2023

Amended  IN  Senate  March 22, 2023

Amended  IN  Senate  February 14, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 74

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Introduced by Senators Dodd and Jones
(Principal coauthor: Assembly Member Sanchez)
(Coauthors: Senators Grove, Hurtado, Min, Nguyen, Niello, Ochoa Bogh, Portantino, and Skinner)
(Coauthors: Assembly Members Jackson and Mathis)

January 11, 2023

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An act to add Section 11547.6 to the Government Code, relating to technology, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

SB 74, as amended, Dodd. State entities: state-owned or state-issued devices: social media platforms.

Existing law establishes the Department of Technology (department) within the Government Operations Agency, and provides for a Director of Technology (director) to supervise the department and report directly to the Governor on issues relating to information technology. Existing law imposes various duties on the director, including advising the Governor on the strategic management and direction of the state’s information technology resources. Existing law requires the department to identify, assess, and prioritize high-risk, critical information technology services and systems across state government, as determined by the department, for modernization, stabilization, or remediation.

Existing law requires the Office of Emergency Services to establish and lead the California Cybersecurity Integration Center (CCIC). Existing law states that the CCIC’s mission is to reduce the likelihood and severity of cyber incidents that could damage California’s economy, its critical infrastructure, or public and private sector computer networks in the state. Existing law requires the CCIC to serve as the central organizing hub of state government’s cybersecurity activities and coordinate information sharing with specified entities, including local, state, and federal agencies.

This bill would require state entities to prohibit applications for social media platforms from being downloaded or installed on those entities’ state-owned or state-issued devices if specified conditions are met, including that an entity of concern or a country of concern directly or indirectly owns, directly or indirectly controls, or holds 10% or more of the voting shares of the social media company that owns the application. The bill would define various terms for these purposes.

The bill would declare that it is to take effect immediately as an urgency statute.

Digest Key

Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 11547.6 is added to the Government Code, to read:

11547.6.

 (a) For purposes of this section, the following definitions apply:

(1) “Country of concern” means any a country identified by the International Traffic in Arms Regulations as set forth in Section 126.1 of Part 126 of Title 22 of the Code of Federal Regulations.

(2) “Entity of concern” means a company that is domiciled in, is headquartered in, has its principal place of business in, or is organized under the laws of, a country of concern.

(3) “Social media company” has the same meaning as defined in Section 22675 of the Business and Professions Code.

(4) “Social media platform” has the same meaning as defined in Section 22675 of the Business and Professions Code.

(5) “State entity” means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices.

(b) A state entity shall prohibit an application for a social media platform from being installed or downloaded on that entity’s state-issued or state-owned electronic device if any of the following conditions are met:

(1) An entity of concern or a country of concern directly or indirectly owns, directly or indirectly controls, or holds 10 percent or more of the voting shares of the social media company that owns the application.

(2) An entity of concern or a country of concern has substantial direct or indirect influence over the social media company that owns the social media platform, including, but not limited to, either of the following:

(A) The entity of concern or country of concern could compel the social media company to share data on a user that is a citizen of this state with the entity of concern or the country of concern.

(B) The entity of concern or country of concern has substantial influence over the content moderation practices of the social media company.

(3) The social media platform uses software or an algorithm controlled by a country of concern.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to protect against imminent threats to data security, it is necessary that this act take effect immediately.