An interesting resource from LATINX Digital Leaders now…
Due to popular demand, we’re sharing the recording from our recent event, Advancing LatinX Tech Leadership, hosted in collaboration with the Institute of Design (ID) at Illinois Tech.
The presentations sparked important conversations and provided eye-opening insights as the 2 teams of graduate students showcased their research findings and pitched innovative solutions for advancing LatinX leadership in tech.
A summary of a Wired article from the Benton Institute on Broadband & Society…
There’s a new plan to revive the Affordable Connectivity Program, a pandemic-era initiative that provides low-income households in the US with discounts on high-speed internet access. A bipartisan group of senators, led by Sen Ben Ray Luján (D-NM) have proposed using a Federal Aviation Administration reauthorization measure as a vehicle for funding the ACP and other telecom programs for a combined $6 billion. The coalition includes Sens J.D. Vance (R-OH), Peter Welch (D-VT), Jacky Rosen (D-NV), Steve Daines (R-MT), and Roger Wicker (R-MS). The measure also includes a provision for the Federal Communication Commission’s “rip and replace program,” which refunds US telecom providers for removing equipment from Chinese manufacturers including Huawei and ZTE from their networks and replacing it with less-risky tech. In early May, the FCC asked Congress for around $2 billion to help bolster the program, which has faced a shortfall.
Last week I reported that Willmar was going to decide on $9.2 million investment in city owned broadband network. Turns out they didn’t. The West Central Tribune reports…
The Willmar City Council on Monday did not take any action on the Connect Willmar Initiative despite being informed April 29 during a work session that it would be asked to consider a number of approvals on May 6 to move the initiative forward.
The City Council was informed by City Operations Director Kyle Box that the operations agreement between Hometown Fiber and the city was not ready for approval, which is the first approval needed before moving forward.
City Attorney Robert Scott noted that the agreement is nearly 99% ready with a couple of blanks to be filled in and given final review by the city and Hometown Fiber. Box informed the council the goal is to have the operations agreement ready for approval within four weeks.
They talk about the project…
“This project is a public-private partnership; the city of Willmar will pay for, build, and be the sole owner of the fiber infrastructure,” Box said. “This model allows internet service providers to operate on the network and provide their services to the residents and businesses of Willmar — the city of Willmar will not be an ISP.”
And the need…
Box reminded the council that survey results reviewed during a work session in January showed that residents of Willmar “understand the importance of bringing this 21st-century infrastructure utility to their homes.”
Senator Amy Klobuchar’s website reports…
U.S. Senator Amy Klobuchar (D-MN), co-chair of the bipartisan Senate Broadband Caucus, was presented the Smart Rural Community Champion Award at the NTCA–The Rural Broadband Association Breakfast for her leadership in expanding affordable broadband access. Klobuchar’s Accessible, Affordable Internet for All Act was incorporated into the Bipartisan Infrastructure Law and has delivered significant federal funding to Minnesota for expanding high-speed internet access statewide. Download a photo here.
“It’s an honor to be recognized by the NTCA, an organization committed to ensuring high-speed internet reaches rural communities across our country,” said Klobuchar. “Internet access is necessary for everything from education to healthcare, not to mention for keeping in touch with friends and family. However, millions of Americans currently don’t have a reliable broadband connection in their homes. That’s why I worked to secure historic funding to deliver high-speed internet to every zip code in America.”
Klobuchar has long led efforts to expand broadband access, support rural broadband, and bridge the digital divide.
In June 2023, Klobuchar announced that the U.S. Department of Commerce had awarded major federal funding through the Bipartisan Infrastructure Law to bring reliable, affordable, high-speed internet access to every household in Minnesota. The Accessible, Affordable Internet for All Act, Klobuchar’s legislation with Former House Majority Whip Jim Clyburn (D-SC) to expand high-speed internet nationwide, served as the basis for the program created by the Bipartisan Infrastructure Law.
In March 2023, Klobuchar and Senators John Thune (R-SD), John Hickenlooper (D-CO), and Jerry Moran (R-KS) reintroduced bipartisan legislation to expand broadband access to rural communities. The Reforming Broadband Connectivity Act would strengthen funding mechanisms for the Federal Communications Commission’s (FCC) Universal Service Fund (USF), which promotes universal access to broadband and other telecommunications services. Currently, the USF is primarily funded through landline fees, disproportionately impacting seniors, who are more likely to use landlines than other Americans.
In February 2023, Klobuchar introduced bipartisan legislation with Senator Shelley Moore Capito (R-WV) to strengthen broadband access for rural communities. The Rural Broadband Protection Act would ensure that providers applying for federal funding can reliably deliver broadband to underserved, rural communities.
In July 2021, Klobuchar introduced bipartisan legislation with Senator Chuck Grassley (R-IA) to expand rural broadband access by streamlining the funding process and removing barriers for broadband connectivity in hard-to-serve rural areas.
News from the Office of Broadband Development…
Reminder, Border-to-Border and Low-Density applications due May 10th
Reminder that Border-to-Border (B2B) and Low-Density (LD) applications are due in two days. With $30 million available for B2B grants and the remaining $20 million for the LD grants, DEED opened the application window for the tenth grant round on March 12, 2024. Applications are due by 1:30 p.m. Central Time on May 10, 2024.
More information, including an updated Round 10 FAQ, can be found on OBD’s Broadband Grant Program webpage.
Governor’s Task Force on Broadband, next monthly meeting May 15th
The Governor’s Task Force on Broadband will meet next Thursday May 15th at 10 a.m. Central Time at Land O’Lakes in Arden Hills, Minnesota. The agenda will be posted ahead of the meeting on the Broadband Task Force webpage.
OBD April webinar series now available online
The Broadband Development Tuesday Training Series: Navigating PLUS (Permitting, Land Use, and State Systems) has finished and all 4 sessions are available to watch on the Webinar and Recorded Events webpage.
The series features agency experts from Minnesota Department of Transportation, State Historic Preservation Office, Minnesota Indian Affairs Council, Minnesota Historical Society, the Office of the State Archaeologist, and the Department of Natural Resources. In each session, an overview of the agency is provided, as well as information on current processes, timelines, goals, and best practices working on broadband projects and with broadband grantees.
Thank you to all of the presenters, partners, and attendees who made this series possible!
Affordable Connectivity Program wind-down updates April was the last fully funded month of the national Affordable Connectivity Program. The ACP was a Federal Communications Commission (FCC) benefit program that provided eligible households with a discount toward internet service of up to $30 each month, and up to $75 each month for households on qualifying Tribal lands. According to an ACP factsheet, this benefit was used by 23 million households across the United States, including just under 245,000 homes across the state of Minnesota. The FCC announced those enrolled in the ACP will receive a partial credit for the month of May, $14 and $30 for non-Tribal and Tribal enrollees, respectively. In Washington D.C., supporters of the ACP gathered on April 30th to emphasize the repercussions of the benefit ending on those enrolled: nearly half of whom are military families, over half are above the age of 50, and 4 million seniors living on a fixed income. Updates and other resources are posted to the FCC’s webpage.
Minnesota State Library Services has some great Digital Equity resources. The following were mentioned in their latest newsletter.
Thursday, May 16, 2024, marks the 13th year of celebrating Global Accessibility Awareness Day (GAAD). If you’re looking for a way to gain a new perspective on digital access and inclusion, try the No-Mouse Challenge: do work on your computer for 15 minutes without a mouse.
Minnesota IT Services has instructions and a set of handy keyboard shortcuts to get you through it. While you’re there, check out lots of other great resources for creating accessible documents, multimedia, and websites.
And an interesting class…
Telehealth 101 Class: The Doctor Will See You Now
Are people in your community seeking digital access to healthcare and information? Explore the possibilities of telehealth at your library through this new class from the Network of the National Library of Medicine.
Telehealth 101: What libraries need to know (June 10 – July 8, 2024)
This class introduces telehealth, why it’s important, and how it enables people to have greater access to quality healthcare. Explore how different libraries provided patrons in their communities with access to telehealth services.
You will need to create a free NNLM account, but there is no cost to take the course.
The Minnesota Senate Republican Caucus reports…
Minnesota Senate Republicans on Tuesday morning sharply criticized a sweeping transportation, housing, and labor supplemental budget bill from Democrats, slamming it as an “incredibly disappointing” proposal loaded with expensive mandates, regulations, and controversial provisions that will drive up costs for Minnesota families. This legislation passed out of the Senate on a vote of 36-31.
Here’s what they said about broadband aspects of the bill…
Additionally, the labor section of this bill includes one-size-fits-all policies that ignore the unique needs of different types of employers and employees. This includes proposals that jeopardize important broadband projects, make concerning changes to Minnesota’s earned sick and safe time law, and threaten the availability and cost of low-income housing.
“This legislation takes no meaningful steps to increase employment opportunities for Minnesotans or make our state a more competitive place to grow a business,” Senator Gene Dornink (R-Brownsdale), Republican lead of the Senate Labor Committee, said. “While government doesn’t directly create jobs, its policies can either encourage or deter business expansion. That is why we should be passing policies in partnership with both labor and industry. Instead, this bill threatens to shut down pending broadband projects and fails to address the housing crisis.”
Broadband Equity Access and Deployment Program: The most concerning part of the labor section are changes that will slow or stop broadband development. This restricts who can work on broadband construction through licensure restrictions, threatens all broadband projects, and ultimately increases project costs.
Republicans offered key amendments to improve broadband service, including a proposal to take the $9 million from Tending the Soil appropriation and focus these dollars on broadband improvement. Democrats refused to accept these changes.
The Minnesota Senate DFL reports…
The Minnesota Senate passed House File 5242, the Transportation Supplemental Budget in a bipartisan vote of 36 to 31 early Tuesday morning. The bill, chief authored by Senate Transportation Committee Chair Scott Dibble (DFL-Minneapolis), delivers new funding that improves safety, services, and strengthens Minnesota’s transportation network.
They list highlights but do not detail proposed broadband legislation, which includes more rules for broadband installers. (I wrote about the bill earlier.)
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
HF5242, A bill for an act relating to state government; appropriating money for a supplemental budget for the Department of Transportation, Department of Public Safety, and the Metropolitan Council; modifying prior appropriations; modifying various provisions related to transportation and public safety, including but not limited to an intensive driver testing program, greenhouse gas emissions, electric-assisted bicycles, high voltage transmission, railroad safety, and transit; establishing civil penalties; establishing an advisory committee; labor and industry; making supplemental appropriation changes to labor provisions; modifying combative sports regulations, construction codes and licensing, Bureau of Mediation provisions, public employee labor relations provisions, miscellaneous labor provisions, broadband and pipeline safety, employee misclassification, and minors appearing in internet content; housing; modifying prior appropriations; establishing new programs and modifying existing programs; expanding eligible uses of housing infrastructure bonds; authorizing the issuance of housing infrastructure bonds; establishing a working group and a task force; authorizing rulemaking; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 13.6905, by adding a subdivision;…
Arvig has been awarded grant funding from the Minnesota Office of Broadband Development’s Broadband Line Extension Connection Program to construct last-mile fiber network infrastructure for high-speed internet to 69 unserved locations, according to an Arvig news release.
Arvig was awarded grants totaling $543,244 from the program after submitting successful lowest-cost bids to provide fiber to the locations. Total project funding is $612,244, with Arvig investing $69,000 to cover additional project costs.
The 69 unserved locations consist of seven projects in these areas:
- Rural Callaway along 260th Avenue
- Along State Highway 210 east of Henning in Otter Tail County
- Rural Rochert, including Cotton Lake and the west side of Height of Land Lake
- Along U.S. Highway 59 and Tee Lake Road south of Detroit Lakes
- Rural Frazee along 360th Avenue
Construction on some projects could begin as soon as May 2024, with work projected to finish by May 2025.
The Benton Institute for Broadband & Society is sharing a new resources and accompanying webinar (Could It Be Me? Should It Be Me? Understanding What Makes Broadband Champions). I thought many reader would benefit from learning more and/or be interested in where they fit in the spectrum…
As a Marjorie and Charles Benton Opportunity Fund Fellow, Dr. Pierrette Renée Dagg examined the role community champions in community connectivity solutions and the factors that allow these leaders to succeed.
Building on Merit’s work with a number of Michigan communities, she developed in-depth profiles of eight community champions and a taxonomy of the different kinds of broadband champions:
- Connectors are adept at creating significant personal connections, acting as the social adhesive in communities.
- Multipliers are skilled strategists who leverage relationships, knowledge, and resources to methodically achieve their objectives.
- Visionaries stand out for their forward-looking plans, aiming for a clear goal and persistently moving towards it.
By understanding qualities and archetypes of champions, those who want to improve connectivity can understand context-specific strategies and tactics that are effective and adaptable to their local community. They can also, hopefully, see the many ways to be effective broadband champions and realize that yes, it could be them.
Read the Digital Beat Article, Understanding What Makes Broadband Champions, May 8th, 2024.
Download the full report.
And more on the webinar…
On May 22nd at 1 PM ET we will hold a webinar about the crucial role broadband champions play in addressing the connectivity needs in their communities. Dr. Dagg and some of the champions profiled will share their stories and the factors that contributed to their success.
Register for the webinar here.
The Minnesota Public Utilities just posted the following letter from the Office of Administration Hearings…
In the Matter of a Petition to Initiate a Proceeding to Revoke the Expanded Eligible Telecommunications Carrier Designation of LTD Broadband LLC and Deny LTD’s Funding Certification for 2023
In the Matter of the Petition of LTD Broadband LLC to Expand Its Designation as an Eligible Telecommunications Carrier
ORDER FOR CERTIFICATION AND REFERRAL
This matter is pending before Administrative Law Judge Jessica A. Palmer-Denig upon a petition filed by LTD Broadband LLC (LTD) to relinquish its expanded designation as an eligible telecommunications carrier (ETC), and a joint Notice of Informal Disposition and Joint Motion for Referral (Motion) submitted by all of the parties in this matter.
Corey Hauer, Chief Executive Officer, appears on behalf of LTD, without legal counsel;
Richard J. Johnson, Katherine J. Marshall, and Dan Lipschultz, Moss & Barnett, P.A., appear on behalf of the Minnesota Telecom Alliance and the Minnesota Rural Electric Association;
Richard Dornfeld, Assistant Attorney General, appears on behalf of the Minnesota Department of Commerce;
Peter G. Scholtz, Assistant Attorney General, appears on behalf of the Office of the Attorney General–Residential Utilities Division;
Ry Marcattilio-McCracken, Associate Director for Research, appears on behalf of the Institute for Local Self-Reliance; and
Marc Fournier and Sally Anne McShane have appeared as staff of the Minnesota Public Utilities Commission (Commission). [204857/1] 2
Based upon the submissions of the parties, pursuant to Minn. R. 1400.5500, .5900, .6600, .7600 (2023), and for the reasons explained in the accompanying Memorandum, the Administrative Law Judge issues the following: ORDER
1. The Motion is CERTIFIED to the Commission.
2. Further proceedings in this case are CANCELLED, and jurisdiction over this matter in its entirety is REFERRED to the Commission.
For background, I posted the following earlier today…
MN PUC Resolution in sight for LTD Broadband
The Minnesota Public Utilities Commission has been looking at revoking LTD Broadband’s ETC status, a status they need to receive federal (RDOF) funding. Last week, LTD sent a note saying they’d like to relinquish their ETC status for RDOF but retain ETC status for other funding opportunities (CAF2). Soon after the PUC posted a notice from the Attorney General recommending that MN PUC consider LTD Broadband’s Petition to Relinquish ETC.
Waseca County wants to continue fulfilling a need in the area by maximizing the opportunity to provide broadband to many individuals and businesses in more rural locations.
The county received funding from the state for broadband as part of Minnesota’s Office of Broadband Development’s ninth round of grant awards in March. And, the county plans on applying for the office’s 10th round of awards with a new resolution passed at the latest commissioners’ meeting.
Waseca County Administrator Michael Johnson brought the resolution to the Board of Commissioners at its special meeting April 30. The resolution states that, if the county is awarded in the round 10 grant awards, the county is committing to up to $165,000 of county match to build a minimum of 165 homes and businesses.
The board agreed on a similar resolution in October for the ninth round of grant awards. The board took action with a motion by Commissioner De Malterer and a second by Commissioner Brad Milbrath. The county will now pass the resolution to Bevcomm Inc. as part of the application process.
The county has been working with Bevcomm to provide rural areas with high-speed internet. It’s considered a huge need locally, as many individuals and businesses do not currently have access.
Areas in the county that will get access to broadband if the county is awarded the new grant include the townships of New Richland and St. Mary.
The area of Waseca County that will receive broadband from the already awarded grant from round nine will include portions of the townships of Alton, Byron, Freedom, Otisco, St. Mary, Vivian, and Wilton.
Hiawatha Broadband Communications, Inc. (HBC) announces Multi-Gig Flight Fiber Internet is now available in Farmington, MN. Phase One construction of HBC’s reliable Flight Fiber Fiber-To-The-Premise (FTTP) network in Farmington is now complete and providing high-speed Internet, TV, and Phone services to more than 1,500 homes and businesses in the city. HBC has committed $9 million to date to the project to reach 5,000 more Farmington residents and businesses by the end of the year. HBC is proud to introduce Flight Fiber to its family of services. Flight Fiber is a 100% FTTP network and can deliver multi-gig symmetrical speeds up to 10 Gigabits. HBC President and General Manager Dan Pecarina says the new infrastructure is a great investment for the community that provides many benefits, including growth potential, to 100 Gigabits and more in the near future.
“Having access to HBC’s Flight Fiber fast, multi-Gig broadband network will have a huge impact for the community,” Pecarina said. “By using the latest fiber-optic network technology, we are offering symmetrical multi-gig connections up to 10 Gigabits. One of our top priorities was to make sure the local schools would have access to the network in the first year of construction. Providing broadband access that will allow students to excel academically, businesses to thrive and grow, and enabling economic enhancements for the community are at the forefront of HBC’s commitment to Farmington.”
Farmington’s city government offices are now connected to HBC’s multi-Gigabit network and WiFi connectivity will soon become available in the city’s parks and recreation areas.
Farmington mayor Joshua Hoyt said the city partnered with HBC to build out his community from border to border with fiber. Ensuring fiber access to all homes and businesses in the city.
“By reaching our underserved and unserved areas, new accessibility creates opportunities for connectivity and access. From remote learning to working from home, HBC will offer service to best meet the needs of our residents, where they’re at,” he said.
Part of the Farmington project also includes bringing Internet access to 20 of the city’s 29 parks.
“This free service to park goers will offer an enhanced experience, to include geocaching, augmented reality, access to park programs and more,” said Mayor Hoyt. “More specifically, free Wi-Fi access in our parks will ensure that all residents have access to Wi-Fi. We are grateful for HBC and this opportunity and look forward to better serving our residents’ needs.”As part of its commitment to the Farmington community, HBC has opened a regional storefront in town to support new customers. The office is staffed with Customer Care, Technical Support, and Service Installation team members.
“One of the things that we believe sets us apart from other providers is our commitment to customer care,” said Pecarina. “We believe it is important that our customers can actually speak with someone, face-to-face.’
MN PUC Resolution in sight for LTD Broadband
The Minnesota Public Utilities Commission has been looking at revoking LTD Broadband’s ETC status, a status they need to receive federal (RDOF) funding. Last week, LTD sent a note saying they’d like to relinquish their ETC status for RDOF but retain ETC status for other funding opportunities (CAF2). Soon after the PUC posted a notice from the Attorney General recommending that MN PUC consider LTD Broadband’s Petition to Relinquish ETC.
OBD Training for Grant Applicants (notes and video)
The Office of Broadband Development hosted a series of webinars for potential grant applicants on the following topics:
MN Broadband Task Force April Meeting: BEAD, tribal connectivity
The MN Broadband Task Force met at Black Bear Casino to talk about federal and state funding and where the Office of Broadband is in process of each. There was also a brief discussion on bills being discussed in the Legislature (SF4262/HF4182, SF4742/HF4659 and SF4826/HF4626). A subcommittee wrote a letter to legislators about the bills and met with Senator Putnam.
Bills to Watch in MN Legislature
State News
Federal
Vendor News
Local Broadband News
Bemidji
Thousands attend GigaZone Gaming Championship & TechXpo in Bemidji MN
Carver County
Carver County CarverLink expansion plan will provide (almost) ubiquitous broadband by 2025
Faribault County
How Bevcomm is working on MN State Grants in Faribault County
Nobles County
Nobles County to contribute $35,000 toward Lismore broadband project
Northeast MN
Northeast Service Cooperative breaks ground on more Middle Mile in Northeast MN
Scott County
Nuvera to expand FTTH in Belle Plaine, Cokato and Oliva (Scott County)
Southern MN
President Biden talks about rural investment on his visit to Southern MN
Willmar
Willmar to decide on $9.2 million investment in city owned broadband network
More info on Willmar community broadband project
Upcoming Events, Opportunities and Resources
The Introduction and First Reading of House Bills reports…
HF5452, A bill for an act relating to consumer protection; regulating the use of social media for minors ages 15 and younger; requiring anonymous age verification for websites harmful to minors; proposing coding for new law in Minnesota Statutes, chapter 325F.
The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.
Here’s the bill as introduced…
A bill for an act
relating to consumer protection; regulating the use of social media for minors ages
15 and younger; requiring anonymous age verification for websites harmful to
minors; proposing coding for new law in Minnesota Statutes, chapter 325F.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
[325F.6945] SOCIAL MEDIA; USE BY MINORS.
Subdivision 1.
Definitions.
(a) The following terms have the meanings given.
(b) “Account holder” means a resident who opens an account or creates a profile or is
identified by the social media platform by a unique identifier while using or accessing a
social media platform when the social media platform knows or has reason to believe the
resident is located in this state.(c) “Daily active users” means the number of unique users in the United States who used
the online forum, website, or application at least 80 percent of the days during the previous
12 months, or if the online forum, website, or application did not exist during the previous
12 months, the number of unique users in the United States who used the online forum,
website, or application at least 80 percent of the days during the previous month.(d) “Resident” means a person who lives in this state for more than six months of the
year.(e) “Social media platform” means an online forum, website, or application that satisfies
each of the following criteria:(1) allows users to upload content or view the content or activity of other users;
(2) ten percent or more of the daily active users who are younger than 16 years of age
spend on average two hours per day or longer on the online forum, website, or application
on the days when using the online forum, website, or application during the previous 12
months, or if the online forum, website, or application did not exist during the previous 12
months, during the previous month;(3) employs algorithms that analyze user data or information on users to select content
for users; and(4) has any of the following addictive features:
(i) infinite scrolling, which means either continuously loading content or content that
loads as the user scrolls down the page without the need to open a separate page, or seamless
content or the use of pages with no visible or apparent end or page breaks;(ii) push notifications or alerts sent by the online forum, website, or application to inform
a user about specific activities or events related to the user’s account;(iii) displays personal interactive metrics that indicate the number of times other users
have clicked a button to indicate their reaction to content or have shared or reposted the
content;(iv) autoplay video or video that begins to play without the user first clicking on the
video or on a play button for that video; or(v) live-streaming or a function that allows a user or advertiser to broadcast live video
content in real-time.The term “social media platform” does not include an online service, website, or application
where the exclusive function is email or direct messaging consisting of text, photographs,
pictures, images, or videos shared only between the sender and the recipients, without
displaying or posting publicly or to other users not specifically identified as the recipients
by the sender.Subd. 2.
Requirements; minors younger than 14 years of age and social media.
(a)
A social media platform shall prohibit a minor who is younger than 14 years of age from
entering into a contract with a social media platform to become an account holder. A social
media company must terminate any account held by an account holder younger than 14
years of age, including accounts that the social media platform treats or categorizes as
belonging to an account holder who is likely younger than 14 years of age for purposes of
targeting content or advertising, and provide 90 days for an account holder to dispute the
termination. Termination must be effective upon the expiration of the 90 days if the account
holder fails to effectively dispute the termination.(b) A social media platform must allow an account holder younger than 14 years of age
to request to terminate the account, and termination must be effective within five business
days after the request. A social media company must also allow the confirmed parent or
guardian of an account holder younger than 14 years of age to request that the minor’s
account be terminated and termination must be effective within ten business days after the
request.(c) The social media platform must permanently delete all personal information held by
the social media platform relating to the terminated account, unless there are legal
requirements to maintain the information.Subd. 3.
Requirements; minors 14 and 15 years of age.
(a) A social media platform
shall prohibit a minor who is 14 or 15 years of age from entering into a contract with a social
media platform to become an account holder, unless the minor’s parent or guardian provides
consent for the minor to become an account holder. A social media platform must terminate
any account held by an account holder who is 14 or 15 years of age, including accounts that
the social media platform treats or categorizes as belonging to an account holder who is
likely 14 or 15 years of age for purposes of targeting content or advertising, if the account
holder’s parent or guardian has not provided consent for the minor to create or maintain the
account. The social media platform must provide 90 days for an account holder to dispute
the termination. Termination must be effective upon the expiration of the 90 days if the
account holder fails to effectively dispute the termination.(b) A social media platform must allow an account holder who is 14 or 15 years of age
to request to terminate the account, and termination must be effective within five business
days after the request. A social media platform must allow the confirmed parent or guardian
of an account holder who is 14 or 15 years of age to request that the minor’s account be
terminated, and termination must be effective within ten business days after the request.(c) A social media platform must permanently delete all personal information held by
the social media platform relating to the terminated account, unless there are legal
requirements to maintain the information.Subd. 4.
Enforcement; penalties.
(a) Any knowing or reckless violation of this section
is deemed an unfair and deceptive trade practice actionable under this chapter by the attorney
general and the attorney general may bring an action against a social media platform for an
unfair or deceptive act or practice. In addition to other remedies available under section
8.31, the attorney general may collect a civil penalty of up to $50,000 per violation and
reasonable attorney fees and court costs. When the social media platform’s failure to comply
with this section is a consistent pattern of knowing or reckless conduct, punitive damages
may be assessed against the social media platform consistent with section 549.20.(b) If, by its own inquiry or as a result of complaints, the attorney general has reason to
believe that an entity or person has engaged in, or is engaging in, an act or practice that
violates this section, the attorney general my investigate using all available remedies under
the law.Subd. 5.
Enforcement; damages to minor account holder.
A social media platform
that knowingly or recklessly violates this section is liable to the minor account holder,
including court costs and reasonable attorney fees as ordered by the court. Claimants may
be awarded up to $10,000 in damages. A civil action for a claim under this subdivision must
be brought within one year from the date the complainant knew, or reasonably should have
known, of the alleged violation. An action brought under this subdivision may only be
brought on behalf of a minor account holder.Subd. 6.
Jurisdiction; social media platform contracts.
(a) For purposes of bringing
an action under this section, a social media platform that allows a minor account holder
younger than 14 years of age or a minor account holder who is 14 or 15 years of age to
create an account on the platform is considered to be both engaged in substantial activities
within this state and operating, conducting, engaging in, or carrying on a business and doing
business in this state, and is subject to the jurisdiction of the courts of this state.(b) For the purposes of this section, when a social media platform allows an account
holder to use the social media platform, the account holder, regardless of age, and the social
media platform have entered into a contract.Subd. 7.
Other available remedies.
This section does not preclude any other available
remedy at law or equity.EFFECTIVE DATE.
This section is effective August 1, 2024, and applies to causes
of action accruing on or after that date.Sec. 2.
[325F.6946] SOCIAL MEDIA; AGE VERIFICATION.
Subdivision 1.
Definitions.
(a) The following terms have the meanings given.
(b) “Anonymous age verification” means a commercially reasonable method used by a
government agency or a business for the purpose of age verification which is conducted by
a nongovernmental, independent third party organization that is located in the United States,
and not controlled by a foreign country, the government of a foreign country, or any other
entity formed in a foreign country.(c) “Commercial entity” includes a corporation, a limited liability company, a partnership,
a limited partnership, a sole proprietorship, and any other legally recognized entity.(d) “Disseminates” has the meaning given in section 604.30 for dissemination.
(e) “Material harmful to minors” means any material that the average person applying
contemporary community standards would find, taken as a whole, appeals to the prurient
interest and depicts or describes, in a patently offensive way, sexual conduct that when
taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.(f) “News-gathering organization” means any newspaper, news publication, or news
source printed or published online or on a mobile platform that reports current news and
matters of public interest. News-gathering organization includes but is not limited to a radio
broadcast station, television broadcast station, and cable television operator.(g) “Publish” means to communicate or make information available to another person
or entity on a publicly available website or application.(h) “Resident” means a person who lives in this state for more than six months of the
year.(i) “Substantial portion” means more than 33.3 percent of total material on a website or
application.Subd. 2.
Publishing material harmful to minors; age verification requirements.
(a)
A commercial entity that knowingly and intentionally publishes or disseminates material
harmful to minors on a website or application, if the website or application contains a
substantial portion of material harmful to minors, must use anonymous age verification to
verify that the age of a person attempting to access the material is 18 years of age or older
and prevent access to the material by a person younger than 18 years of age.(b) A commercial entity must ensure that the requirements of subdivision 7 are met.
Subd. 3.
Exceptions for news and Internet service providers.
(a) This section does
not apply to any bona fide news or public interest broadcast, website video, or report and
does not affect the rights of a news-gathering organization.(b) An Internet service provider or its affiliates or subsidiaries, a search engine, or a
cloud service provider does not violate this section solely for providing access or connection
to or from a website or other information or content on the Internet or a facility, system, or
network not under the provider’s control, including transmission, downloading, intermediate
storage, or access software, to the extent the provider is not responsible for the creation of
the content of the communication which constitutes material harmful to minors.Subd. 4.
Remedies; attorney general enforcement.
(a) A violation of subdivision 2 is
deemed an unfair and deceptive trade practice actionable under this chapter, and an action
by the attorney general may be brought on behalf of a resident minor against a commercial
entity. If the attorney general has reason to believe that a commercial entity is in violation
of this section, the attorney general may bring an action against the commercial entity for
an unfair or deceptive act or practice. In addition to any other remedy available, the attorney
general may collect a civil penalty of up to $50,000 per violation and reasonable attorney
fees and court costs. When the commercial entity’s failure to comply with this section is a
consistent pattern of conduct of the commercial entity, punitive damages may be assessed
against the commercial entity consistent with section 549.20.(b) A third party that performs age verification for a commercial entity in violation of
this section is deemed to have committed an unfair and deceptive trade practice actionable
under this chapter, and the attorney general as the enforcing authority, may bring an action
against the third party for an unfair or deceptive act or practice. In addition to other remedies
available, the attorney general may collect a civil penalty of up to $50,000 per violation and
reasonable attorney fees and court costs.Subd. 5.
Remedies for minors.
A commercial entity that violates subdivision 2 for
failing to prohibit access or prohibit a minor from future access to material harmful to minors
after a report of unauthorized or unlawful access is liable to the minor for the access,
including court costs and reasonable attorney fees as ordered by the court. Claimants may
be awarded up to $10,000 in damages. A civil action for a claim under this paragraph must
be brought within one year from the date the complainant knew, or reasonably should have
known, of the alleged violation. An action under this subdivision may only be brought on
behalf of or by a resident minor. For purposes of bringing an action under this subdivision,
a commercial entity that publishes or disseminates material harmful to minors on a website
or application, if the website or application contains a substantial portion of material harmful
to minors and the website or application is available to be accessed in this state, is considered
to be both engaged in substantial and not isolated activities within this state and operating,
conducting, engaging in, or carrying on a business and doing business in this state, and is
subject to the jurisdiction of the courts of this state.Subd. 6.
Other available remedies.
This section does not preclude any other available
remedy at law or equity.Subd. 7.
Anonymous age verification.
A third party conducting anonymous age
verification pursuant to this section:(1) may not retain personal identifying information used to verify age once the age of
an account holder or a person seeking an account has been verified;(2) may not use personal identifying information used to verify age for any other purpose;
(3) must keep anonymous any personal identifying information used to verify age, and
the information may not be shared or otherwise communicated to any person; and(4) must protect personal identifying information used to verify age from unauthorized
or illegal access, destruction, use, modification, or disclosure through reasonable security
procedures and practices appropriate to the nature of the personal information.EFFECTIVE DATE.
This section is effective August 1, 2024, and applies to causes
of action accruing on or after that date.
Blandin on Broadband 