(a)
(1)A business entity shall submit a report to the Secretary of State following any calendar year in which the business entity does either of the following:
(A)Uses its products or services to alter the online search results its products or services generate in order to emphasize or deemphasize materials containing express advocacy, as that term is defined in paragraph (2) of subdivision (c) of Section 82025.
(B)Uses its products or services to target online advertisements to individuals or groups, or generally to users or members of the public, without full and adequate consideration and for political purposes, as that term is described in paragraph (1) of subdivision (b) of Section 82025.
(2)The report shall contain information including, but not limited to, all of the following:
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(a)
(1)
A business entity shall submit a report to the Secretary of State following any calendar year in which the business entity does either of the following:
(A)
Uses its products or services to alter the online search results its products or services generate in order to emphasize or deemphasize materials containing express advocacy, as that term is defined in paragraph (2) of subdivision (c) of Section 82025.
(B)
Uses its products or services to target online advertisements to individuals or groups, or generally to users or members of the public, without full and adequate consideration and for political purposes, as that term is described in paragraph (1) of subdivision (b) of Section 82025.
(2)
The report shall contain information including, but not limited to, all of the following:
(A)
The name of each candidate or measure with regard to which the search results were altered as described in subparagraph (A) of paragraph (1) or that was the subject of an advertisement targeted as described in subparagraph (B) of paragraph (1).
(B)
For each candidate or measure,
whether the search results or advertisements were to support or oppose the nomination or election of the candidate or the qualification or passage of the measure.
(C)
The full name, title, and business street address and telephone number of each person with final decision making authority as to which candidates or measures will be supported or opposed by the business entity’s search results or advertisements.
(D)
The date or range of dates in which the activity described in subparagraph (A) or (B) of paragraph (1) occurred.
(3)
A report shall be filed by January 31 for activity occurring during the previous calendar year.
(4)
The report shall be filed on paper or by email with the Secretary of State and shall be made publicly available in a conspicuous location on the Secretary of State’s website.
(5)
The report required by this section may be included in an online filing and disclosure system developed in accordance
with subdivision (b) of Section 84602 if the Secretary of State, pursuant to paragraph (7) of that subdivision, certifies that the system is able to incorporate filing of the report.
(b)
A business entity subject to this section shall maintain detailed accounts and records necessary to prepare the report required pursuant to subdivision (a), and shall retain those detailed accounts and records for a period of four years following the date that the report is filed.
(c)
This section does not apply to either of the following activities:
(1)
A business
entity’s use of its products or services exclusively to carry out its commercial activities, including, but not limited to, delivering user-generated content or a paid advertisement on behalf of another person.
(2)
Communications that are internal to a business entity or entities.
(d)
This section is not intended to expand or limit the definition of contribution or expenditure under this title.
(e)
This section shall become operative on January 1, 2024.