Legislation to Protect Children Online, Improve Public Safety Advances

SB26-011 would ensure timely, reliable compliance with search warrants

DENVER, CO – The House today advanced bipartisan legislation on a preliminary vote to improve digital warrant response timelines for online platforms and keep communities safe.

“This bill ensures that digital search warrants are taken seriously so families can hold bad actors accountable for dangerous online activity,” said Speaker Pro Tempore Andy Boesenecker, D-Fort Collins. “Weak requirements around delivering digital evidence make it nearly impossible for victims and their families to seek justice. By requiring social media companies to respond to search warrants in a timely manner, we can improve pathways to justice and protect our communities from further harm.”

SB26-011, also sponsored by Minority Leader Jarvis Caldwell, R-Monument, would establish and enforce specific requirements for how large online social media platforms must receive, acknowledge, and respond to search warrants issued by Colorado courts.

The bill would cover social media websites, online services, or mobile applications that have at least one million monthly users, allow users to create profiles, and allow users to create or share content.

Under the bill, these platforms must have a clear process for communication with law enforcement, provide a staffed hotline available to law enforcement 24/7, provide status updates on warrant compliance, and prominently post contact information for search warrant compliance on their homepage. They must also acknowledge receipt of a search warrant within eight hours and comply within 72 hours in most cases.  These requirements would be enforced by the Attorney General or local district attorneys.