Summary of SB 262 (Session 34, Alaska)
Purpose
- SB 262 seeks to regulate social media platforms’ interactions with minors in Alaska. It imposes age-based prohibitions, data handling restrictions, and potential remedies for violations, with a structured framework for enforcement, regulation, and private action.
Key Provisions
1) Prohibition on minors under 16
- Social media platforms must prohibit residents of Alaska under 16 from becoming account holders.
- Platforms must terminate any existing accounts held by users under 16 who are Alaska residents, including accounts identified as likely under 16 for targeted content or advertising.
- A 90-day dispute window is required for such terminations; if the user does not dispute effectively, the platform terminates the account after the 90 days.
2) Termination on request
- Users under 16 may request termination of their account. Platforms must terminate within five business days of the request.
- Following termination, all personal data related to the terminated account must be permanently deleted unless retention is legally required.
3) Prohibition on personalized recommendations
- Platforms may not use the personal data of users under 18 (Alaska residents) in personalized recommendation systems to display content.
- The restriction allows displaying user-generated content if the display is chronological (no tailored recommendations based on data).
4) Remedies and regulations (Attorney General)
- Courts may award punitive damages in addition to existing remedies for violations of the prohibited under-16 provisions.
- Private civil actions by individuals are generally barred; a private right of action is reserved for the state (see section 7 below).
- The Attorney General may adopt regulations to implement these provisions.
5) Private causes of action (for certain violations)
- If a platform knowingly or recklessly violates the under-16 provision, affected Alaska residents under 18 harmed by the violation may sue the platform in superior court for up to $10,000 in damages.
- Suit must be brought by the account holder’s parent or guardian.
- The statute of limitations: action must be filed within one year of discovery of the violation.
- This section does not preclude other remedies available to the harmed individual.
6) Applicability trigger
- The law applies to a social media platform when, among other criteria:
- At least 10% of the platform’s daily active users under 18 spend an average of two or more hours daily on the platform (in the prior 12 months, or previous month if the platform existed for a shorter period).
- The platform features addictive elements, including continuous scrolling, infinite content, push notifications, interactive metrics, auto-playing video, or live streaming.
7) Definitions
- Key terms clarified, including:
- Account holder: person who opens/creates an account or is identified by a platform.
- Daily active users: US-based metrics for typical usage (80% of days in prior period).
- Personal data: defined to include name, addresses, contact info, and other identifying data; it excludes certain non-identifying data (device type, location context, age, etc.).
- Personalized recommendation system: automated methods used to suggest or rank content based on user data.
- Social media platform: online forums/sites/apps with user-generated content and algorithmic content analysis; excludes direct email-only or private direct messaging services.
Effective Date
- The act takes effect January 1, 2027.
Impact and Implications
- For minors and families: Strong protections for children under 16 and stricter handling of minors’ data; potential termination of existing accounts and mandatory data deletion.
- For platforms: New regulatory obligations if serving significant Alaska-based minor user bases, especially if they meet the applicability thresholds (10% of youthful daily users and addictive features). Platforms must implement age-based prohibitions, handle dispute processes, and avoid personalized recommendations for under-18 users.
- For enforcement: Attorney General enforcement with potential punitive damages; limited private action primarily driven by the state but with a specific private action for under-18 harmed users, capped at $10,000 per action.
- For timing: Requirements become enforceable on January 1, 2027, giving platforms a transition period to comply if the applicability thresholds are met.
Sponsors
- Primary sponsor: (Co-sponsor) Jesse Bjorkman.
Notes
- The bill emphasizes both prohibitions and data-deletion obligations, plus a multi-faceted enforcement framework that includes court-ordered remedies, regulatory authority for the AG, and a private action pathway under specific conditions.
