CA to request social media platforms to retain illegal drug sale communications for 90+ days.
In an effort to protect California residents—especially youth—against the rapidly growing fentanyl crisis, Gov. Gavin Newsom signed a bill into law Oct. 13 aimed at requiring greater transparency and accountability from social media platforms operating in the state.
The Assembly Bill 1027, introduced by Assemblywoman Cottie Petrie-Norris (D-Irvine), is a crucial step in combating the sale of illegal drugs online and addressing the fentanyl crisis. It mandates that social media platforms disclose their policies for keeping records of users’ online communication, particularly those related to drugs, and sharing such information regarding drug distribution.
“This drug is ravaging our communities every day. Kids are dying. We need to ensure that our law enforcement partners have every tool they need to fight this epidemic. It is clear that this crisis is urgent and immediate action is vital,”
said Assemblywoman Cottie Petrie-Norris, emphasizing the urgency of the situation.
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The new law requires social media platforms to retain users’ online communications that violate policies regarding the sale or distribution of illegal drugs for at least 90 days.
This law primarily targets the sale of fentanyl, as synthetic opioids, mainly fentanyl, were involved in nearly 70 percent of all drug overdose deaths in the country in 2022, according to the Centers for Disease Control and Prevention.
Drug dealers are exploiting the anonymity of social media sites to target vulnerable individuals, including underage and homeless youth, according to the office of Assemblywoman Cottie Petrie-Norris.
“For instance, some social media platforms have settings designed to erase chat history after just a few hours. This makes it incredibly difficult for law enforcement to track and prosecute online fentanyl traffickers,”
reads a press release from Assemblywoman Cottie Petrie-Norris.
Under the new law, social media platforms must publicly disclose their policies for retaining users’ online communications and the procedures for sharing such information. Additionally, they are required to submit a monthly report to the California Attorney General’s office regarding accounts flagged for the sale of illicit drugs.
Failure to comply with these requirements can result in fines up to $190,000 for the first violation and no more than $380,000 for subsequent violations.
TechNet, a network of tech companies advocating for technology-friendly policies, including Apple, Google, Amazon, Microsoft, and Meta (owner of Facebook and Instagram), expressed support for the bill. They appreciate Assemblywoman Cottie Petrie-Norris for championing this legislation.
“This will have a meaningful impact in helping to ensure that law enforcement and prosecutors have access to the evidence that they need to go after drug traffickers and others who misuse our social media platforms to try to sell and proliferate controlled substances,”
said Dylan Hoffman, TechNet Executive Director for California and the Southwest.
The new law will take effect on Jan. 1.
The bill faced opposition from the ACLU California Action and the Electronic Frontier Foundation, an international nonprofit digital rights group. These organizations expressed concerns about personal privacy and the potential threat to end-to-end encryption.
“Requiring that platforms scan actioned content may as a practical matter mean that platforms will not let people use end-to-end encryption because it would interfere with scanning,”
reads a letter from the Electronic Frontier Foundation.
Despite the opposition, the new law aims to protect California residents from the devastating effects of the fentanyl crisis and provide law enforcement with the necessary tools to combat online drug trafficking.
Why did Governor Gavin Newsom emphasize the importance of holding social media platforms accountable in his statement about Assembly Bill 1027?
Es in California, including Facebook, Twitter, and Google, expressed support for the new law in a joint statement:
“Social media platforms have a responsibility to make every effort to keep their platforms safe and free from illegal activity. We recognize the urgent need to address the fentanyl crisis and are committed to working closely with law enforcement agencies and the California Attorney General’s office to ensure greater transparency and accountability. This includes implementing stringent policies for retaining users’ online communication and actively sharing information related to drug distribution. We believe that by working together, we can make a significant impact in protecting California residents, especially our youth, from the devastating effects of illicit drugs.”
Governor Gavin Newsom hailed the passage of Assembly Bill 1027 as a crucial step in the fight against the fentanyl crisis. In a statement, he emphasized the importance of holding social media platforms accountable:
“As the primary communication platform for many Californians, social media has a duty to prioritize the safety and well-being of its users. By requiring these platforms to disclose their policies and actively share information related to drug distribution, we are ensuring that law enforcement has the tools they need to combat the fentanyl crisis. This law is a critical measure to protect our communities, especially our youth, and I am proud to sign it into law.”
The signing of Assembly Bill 1027 comes as California continues to grapple with a surge in fentanyl-related deaths. According to the California Department of Public Health, there were over 7,000 overdose deaths involving fentanyl in California in 2022, a 70% increase from the previous year. The new law aims to address the alarming rise in fentanyl-related fatalities by targeting the sale of illegal drugs on social media platforms, where drug dealers often operate with relative ease and anonymity.
Critics of the law argue that it may infringe on users’ privacy rights, as it requires social media platforms to retain users’ online communications for an extended period of time. However, supporters argue that the measure is necessary to protect public safety and serve as a deterrent to drug dealers who exploit social media for illegal activities.
Assemblywoman Cottie Petrie-Norris, the author of the bill, expressed optimism about its potential impact:
“With the implementation of this law, we are sending a clear message to drug dealers: California will not tolerate the online sale of illicit drugs, particularly fentanyl. By requiring social media platforms to disclose their policies and actively share information related to drug distribution, we are making it harder for these criminals to operate undetected. This law is a crucial step in combating the fentanyl crisis and protecting our communities.”
As California takes proactive measures to address the fentanyl crisis, it sets an important precedent for other states in the fight against illegal drug sales online. It remains to be seen how effective the new law will be in curbing the sale of fentanyl on social media platforms, but it represents a significant step forward in protecting California residents, especially the vulnerable youth population, from the devastating consequences of this deadly drug.
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