SF5090

Purpose

This bill would require social media platforms operating in Minnesota to implement an interoperability interface that lets users share their social graph and allow third parties to access content the user creates, with the user’s permission. It aims to promote data interoperability across platforms, while setting rules about how data can be shared and how platforms must operate.

Key Definitions (selected)

• Accessible user interface: a way for a user to input data or take action on a platform in two clicks or fewer.
• Account holder: a natural or legal person who has an account or profile on a platform.
• Account interactions: actions on a platform that could negatively impact another user (e.g., sending messages, reporting users, liking or commenting).
• Algorithmic ranking system: processes that determine the order or prominence of content using algorithms or AI.
• Open protocol: a publicly available technical standard that enables interoperability and data exchange without licensing or patent barriers, governing how platforms communicate.
• Personal data: data as defined in law.
• Social graph: data representing a person’s connections and interactions on a platform (including content, public profile, and related metadata); private messages are excluded if marked private.
• Social media platform/company: the entity that operates a social media service.
• User: a Minnesota resident who holds a social media account.
• User-generated content: content created by an account holder and shared on a platform.

Main Provisions

• Interoperability Interface Requirements

  • Social media companies must implement an interoperability interface that is transparent, allows third-party access, and enables users to share a common set of their current social graph between designated platforms.
  • This interface must let third parties access content the user creates, with the user’s permission, and notify them when new or updated content is available.

• Open Protocol and Reasonable Terms

  • Platforms must use an open protocol and maintain interoperability with other platforms through the interface on terms that are reasonable and do not discriminate between platforms.
  • The commissioner can identify open protocols; using an open protocol creates a rebuttable presumption that access is on reasonable terms.

• Data Sharing and Fees

  • Platforms may set reasonable, proportionate thresholds for how often or how much social graph data requests can be made; above those thresholds, access may incur a reasonable fee.
  • Platforms must offer a functionally equivalent version of their own internal interfaces for use across platforms.
  • Platforms must provide complete, accurate, and regularly updated documentation about how to access the interoperability interface.

• Data Privacy and Security

  • Personal data obtained via the interoperability interface must be reasonably secured.
  • Personal data collected or shared through the interface is restricted and may only be shared with user consent or to support interoperability services and privacy/security.
  • Users’ consent for data sharing cannot be made easily and persistently accessible through a prominent method.
  • Prohibits collection, sharing, or receiving of personal data through the interface without user consent, except to safeguard privacy or maintain interoperability.

• Proprietary Information

  • The bill does not require disclosing internal inferences, proprietary algorithms, or internal ranking systems.
  • If data is stored in a proprietary format and no open industry-standard format is reasonably available, platforms are not required to transmit that data.

• Exclusions

  • Applies to most entities, but excludes bona fide churches or religious organizations that are tax-exempt.

• Open Protocols and Enforcement

  • The commissioner can identify open protocols to meet the bill’s requirements.
  • If a platform uses an identified open protocol, there is a rebuttable presumption that access terms are reasonable and non-discriminatory.
  • The Attorney General may investigate and bring action against a platform for violations.

Changes to Minnesota Law

• Adds new data interoperability requirements under Minnesota Statutes chapter 325M, including the new 325M.331 provisions that define how interoperability must work and how data sharing is regulated.

Practical Effects and Implications

• Platforms would need to design and maintain an interoperability interface and support third-party access, which could require substantial technical changes.
• Users could more easily share their social graph and content across platforms, potentially increasing cross-platform data movement.
• Privacy protections would govern what data can be shared, with user consent and safeguards in place, though some data sharing could occur under the interoperability framework.
• Enforcement would be handled by the Minnesota Attorney General, with potential penalties or corrective actions for non-compliance.

Potential Considerations

• Impacts on platform business models and proprietary technologies, particularly around algorithms and internal data structures.
• Administrative and cost implications for platforms to maintain open protocols, documentation, and secure data handling.
• How “reasonable terms” and thresholds for data requests are defined and enforced.
• Timing and process for identifying open protocols and applying the rebuttable presumption.

Relevant Terms interoperability interface open protocol social graph expressed preferences personal data data interoperability requirements data sharing restrictions third-party access common set of the user’s current social graph reasonable terms non-discrimination proprietary algorithms algorithmic ranking system open industry-standard format access documentation access terms presumption enforcement by attorney general Minnesota Statutes 325M data privacy and security user consent account interactions accessible user interface algorithmic decision making time sensitive content social media platform Social media platform definition open access to content Interoperability interface requirements