Umberg’s Social Media Law Enforcement Cooperation Effort Advances

(Sacramento, CA) – Senator Thomas J. Umberg (D-Santa Ana) announced that earlier today his measure to require social media companies to cooperate with law enforcement agencies in a regular and timely fashion advanced through the Legislature.  Senate Bill 918 passed the Senate Judiciary Committee (of which Umberg is chair) by a vote of 11-0.

Fentanyl now kills more people ages 18-45 than automobile accidents, gunshots, suicides, and even COVID-19 in 2021. The drug overdose epidemic has continued to worsen in the United States over the last several years as synthetic opioids, particularly illicit fentanyl, enter the market. Of specific concern is the primary method through which many individuals, especially teenagers, unlawfully purchase illicit fentanyl and other controlled substances—social media.

“As a society, we bear a collective responsibility to care for our citizens,” said Senator Umberg. “Social media sites must be more proactive and communicative in their enforcement of their terms of service, which should include being responsive to law enforcement agencies investigating crimes on their platforms.”

Drug traffickers solicit customers via social media platforms such as Snapchat, Facebook, Instagram, Twitter, TikTok, and YouTube. In many cases, traffickers and buyers alike use social media features such as temporary or disappearing posts that help conceal their activities. Illicit drugs offered on these social media sites can include methamphetamine, heroin, and fentanyl. In addition, fentanyl and other drugs are often falsely marketed as legitimate prescription pills but instead are counterfeit pills that were illicitly manufactured and are illegally distributed.

News outlets have reported that there are known drug dealers using social media to sell drugs. However, even after law enforcement and concerned users make the platform aware, platforms are slow to respond in removing accounts.  SB 918 will require social media platforms to have a telephone hotline available at all times for law enforcement agencies to be able to timely request information. SB 918 also compels social media platforms to immediately comply with a search warrant provided by a law enforcement agency if the subject of the search warrant has an account on the social media platform.

SB 918 will be heard on the Senate Floor in the coming weeks.  A fact sheet for the measure is attached and text can be found here.

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Senator Thomas J. Umberg represents the 34th Senate District, which includes the cities of Anaheim, Buena Park, Fullerton, Garden Grove, La Habra, Long Beach, Orange, Placentia, Santa Ana, and East and South Whittier. Umberg is a retired U.S. Army Colonel, former federal prosecutor, and small businessman. He and his wife, Brigadier General Robin Umberg, USA (ret.), live in Orange County.