Existing law generally regulates social media platforms, including, among other laws, the Protecting Our Kids from Social Media Addiction Act that prohibits an operator of an addictive internet-based service or application, including a social media platform, from providing an addictive feed, as defined, to a minor user, except as prescribed. Existing law, the California Consumer Privacy Act of 2018, grants consumers various rights with respect to personal information, as defined, that is collected by a business, as defined. Existing law, the California Values Act, generally prohibits California law enforcement agencies from using their moneys or personnel for immigration enforcement purposes, except as specified.

Existing federal law authorizes specified federal officers to require by subpoena the attendance and testimony of witnesses before immigration officers and the production of books, papers, and documents relating to, among other things, the privilege of any person to enter, reenter, reside in, or pass through the United States.

This bill would require a social media company, as defined, to promptly notify an individual whose personal information is requested by an administrative subpoena issued as described above. The bill would prohibit the social media company from responding to the administrative subpoena until the individual whose personal information is requested has had sufficient time to respond to or challenge the administrative subpoena, except as specified. The bill would also prohibit a social media company from responding to an administrative subpoena requesting the personal information of an individual if the administrative subpoena is invalid for one of specified reasons, including that the information requested by the subpoena is overly broad or compliance would be unduly burdensome.

This bill would authorize the Attorney General, and a person whose information has been shared in violation of the above provisions by a social media company, to bring an action for injunctive or declaratory relief, as specified. The bill would declare its provisions severable.