That the City Council provide direction to the City of La Habra voting delegate and alternate voting delegates regarding a resolution that will be considered by voting members during the 2020 League of California Cities (LOCC) Annual Conference.

Each year the League of California Cities (LOCC) holds a conference for its member cities.  Due to the COVID-19 pandemic this year's conference, which had been scheduled to take place at the Long Beach Convention Center, will occur as an online only event from October 7th to the 9th.  The League's Business Meeting will occur virtually at 11:00 a.m. on Friday, October 9, at which time the voting delegates representing each of their respective member cities will cast a vote on proposed LOCC resolutions.

In order to cast a vote, the voting delegate must attend the virtual meeting.  At it's August 3rd meeting the City Council designated Mayor Pro Tem Espinoza as the City of La Habra's voting delegate for the 2020 LOCC Conference.  The City Council also designated Mayor Beamish and Councilmember Medrano as the first and second alternates, respectively.  An alternate acts in place of the voting delegate in the event the delegate is unable to attend the meeting.

2020 Annual Conference Resolutions
At this time there is one resolution that will be considered during the conference (see Attachment 1).  Details on the resolution are as follows:

Amend Section 230 of the Communications Decency Act of 1996
(Resolution Source:  City of Cerritos)

Social media platforms, such as Facebook, Twitter, and Instagram, are an efficient and effective means of communications, allowing public and private organizations to share information with the public, as well as providing individuals a method to communicate directly with others.  Unfortunately, this tool can be used inappropriately, such as when individuals advertise locations, dates, and times of potential criminal acts. 

Recently, the City of Cerritos suffered thousands of dollars of damages in response to online threats that the Cerritos Mall be looted.  As noted in Attachment 1, using the names "cerritosmalllooting" and "cantstopusall," anonymous posts encouraged followers to "work together to loot Cerritos Mall."  Mindful of similar criminal activities that had occurred at the nearby Lakewood Mall, the City of Cerritos initiated a public safety response to the Cerritos Mall in order to protect property and the public from this credible threat.

Pursuant to Section 230 of the Communications Decency Act of 1996, such communications, because they occur online, render social media companies immune from civil liability for costs incurred by law enforcement agencies in response to a perceived threat.  Immunity from civil liability extends to injunctive relief, thus preventing local governments from seeking an injunction against the online platform to have such a post removed.  While the City of Cerritos supports the rights of free speech and assembly guaranteed under the First Amendment, it nevertheless believes cities should have the ability to hold social media companies liable for their role in promoting potential and/or actual criminal acts. 

Congress is currently reviewing antitrust legislation, including the broad immunity provisions of Section 230.  In the event this resolution is adopted by the LOCC, League staff would be directed to work with Congress and urge the amendment of Section 230 to limit the immunity provided to social media companies in instances where online posts promote criminal activity, as well as provide local governments the opportunity to seek financial relief precipitated by a response from law enforcement.

Though the City's FY2020-21 Legislative Platform is silent on the matter of Section 230, the issues involve protecting public safety and accountability, which are matters of importance to the City.  As such, City staff recommends approval of the resolution.

There is no fiscal impact.

ED 8.1 - 9.3