Parkview Senior Fellow Jon Decker authored this letter to Colorado Governor Jared Polis.
Dear Governor Polis,
I am writing to express my deep concern regarding Senate Bill 25-086, “Concerning Protections for Users of Social Media,” due its potential to impose a significant and understudied financial burden on Colorado taxpayers.
While the bill’s stated intent to protect minors on social media platforms is commendable, the proposed enforcement mechanisms, particularly those involving the Attorney General and law enforcement, are fraught with costly mandates that will strain the state’s resources.
The bill’s broad requirements inevitably mandate a surge in enforcement actions, necessitating a substantial expansion of the Attorney General’s office time as well as associated legal resources. Consider the following specific provisions:
- Mandatory Policy Publication and Annual Reports: The bill mandates social media companies to publish detailed annual reports to the Department of Law. The Attorney General will be tasked with reviewing these complex reports, ensuring compliance, and pursuing legal action against any violations. This requires a significant increase in legal staff (as well as other outside experts) and resources to handle the sheer volume of data and potential litigation.
- 72-Hour Violation Determination and Removal: The bill requires Colorado law enforcement agencies to determine a broad array of potential alleged policy violations within 72 hours of receiving a report. Subsequently, private sector companies are compelled to remove users for violations within 24 hours — an accelerated timeline that companies will struggle to meet, even with the best of intentions. In practice, this will prove to be a tremendous drain on the time of law enforcement, who will be delegated to pursuing countless frivolous allegations at the expense of more meaningful work protecting residents.
- “Unfair or Deceptive Trade Practice” Designation and Attorney General Rulemaking: Classifying violations as “unfair or deceptive trade practices” under the “Colorado Consumer Protection Act” grants the Attorney General broad enforcement powers to carry out costly litigation at the expense of America’s innovative technology sector.
The financial implications of these mandates are more profound than the legislature appears to have considered. The need for additional attorneys, investigators, data analysts, and support staff within the Attorney General’s office is undeniable. Furthermore, the increased litigation stemming from enforcement actions will strain our court system and necessitate further budgetary allocations. A more balanced approach, emphasizing educational initiatives for parents and minors, could achieve similar objectives at significantly lower costs to the taxpayer.
I strongly urge you to veto Senate Bill 25-086 and prioritize fiscally responsible solutions that protect our youth without placing an undue burden on Colorado’s taxpaying residents. A more nuanced approach will yield better outcomes at a lower cost.
Sincerely,
Jon Decker
Senior Fellow
Parkview Institute
