A bill that would require social media platforms to take greater responsibility for illegal activity landed on Gov. Jared Polis’ desk last week after receiving bipartisan support in the Colorado Legislature.
But the governor has indicated he may veto the bill due to concerns about its impact on free speech and privacy, despite widespread support from interest groups and individuals across the state, including 6th Judicial District Attorney Sean Murray.
“I think in a lot of ways this is essential, given what we know about the dangers of social media for children,” said Murray, who is the top prosecutor for Archuleta, San Juan and La Plata counties. “We want to get predators off the platforms.”
Senate Bill 25-086 would require social media platforms to provide greater transparency about the policies for protecting underage users as well as give law enforcement more tools to investigate child exploitation online.
The bill targets individuals who use social media platforms to sell firearms and drugs to children or to extort sexually explicit material from minors. If passed, it would require platforms to remove such users within 24 hours.
Murray signed several letters sent by the Colorado District Attorneys’ Council to Polis advocating for the bill, which Murray said he did after reviewing the legislation and speaking with CDAC officials.
“Since the release of the iPhone, we've seen overprotection of kids in the physical world and under-protection of them in the virtual world,” Murray said.
He said his office has seen an increase in crimes that occur on social media or are facilitated through such platforms.
Polis has expressed discomfort about a part of the bill requiring companies to remove users who violate platform policies by selling illegal merchandise or exploiting children. He believes the measure could require private companies to interpret and enforce the First Amendment – which raises concerns about the potential for overreach.
“If someone is using an expression and talking about that activity, where is that line and how is that being interpreted?” Polis said at a House Committee meeting in March.
Murray said he believes Polis’ concerns are misplaced. The bill, he said, is meant to help law enforcement protect children online, not regulate speech.
He pointed to the unanimous support from DA’s across the state as a sign of the bill’s appeal.
“It’s not that common that you have all 23 district attorneys on the same page,” he said. “We're very politically diverse, and so I think it’s telling that we’re aligned on this piece of legislation.”
Polis must make a final decision by Thursday. Once a bill reaches the governor’s desk, he has 10 days to sign it or veto it – before it automatically becomes law.
jbowman@durangoherald.com
