Purpose

To protect consumers from being forced to participate in political activity in order to use digital services, by prohibiting providers from conditioning access to services on political engagement and requiring an accessible opt-out.

Main provisions

• Adds a new provision titled “Political Popup Advertisements and Messages.”
• Defines “political activity” as providing a name, contact information, electronic signature, or other identifying information for a software application or website to send a message or petition to an appointed or elected official with the intent to influence the official’s action.
• Prohibits a person from requiring a consumer to engage in political activity to access services through a software application or website.
• Requires any software application or website that prompts users to engage in political activity to include a clear and conspicuous opt-out option that allows the user to continue using the service without engaging in political activity.
• States that any term or condition asserting that a consumer has agreed to engage in political activity to access a service is void and unenforceable.

Significant changes to existing law

• Establishes a new statutory rule within Minnesota Statutes Chapter 325E governing political activity in the context of online services and apps.
• Creates new consumer protections around how services present political requests, specifically restricting coercive prompts and mandating opt-out mechanisms.

Effects and considerations

• For consumers: greater protection from being forced into political actions to use apps or websites; easier to continue using services without political involvement.
• For service providers: must implement clear opt-out mechanisms and avoid conditioning access on political activity; potential changes to terms and conditions to ensure unenforceability of coercive requirements.

Relevant Terms political activity; opt-out; software application; website; access services; political popup advertisements and messages; Minnesota Statutes chapter 325E; void and unenforceable; message or petition; appointed or elected official; influence the official’s action.