Washington – The Computer & Communications Industry Association will testify today before the New Hampshire House Committee on Commerce and Consumer Affairs in opposition to two technology bills, HB 1658 and HB 1650, warning that both proposals raise serious constitutional, privacy, and implementation concerns.
HB 1658 would impose mandatory age verification and parental consent requirements on mobile app stores and app developers. CCIA cautions that the bill would undermine user privacy by requiring the collection of sensitive personal data while creating vague compliance obligations for businesses. The association also notes that similar laws have faced constitutional challenges, including a Texas law that was blocked by a federal court on First Amendment grounds.
CCIA further warns that HB 1658 could restrict lawful access to content for both adults and minors. This raises concerns under longstanding Supreme Court precedent that prohibits reducing adult access to speech to what is deemed appropriate for children.
HB 1650, which would impose design and operational mandates on online services under an Age-Appropriate Design Code framework, also raises significant concerns. CCIA cautions that the bill would interfere with content moderation and product design decisions. This means the bill potentially violates the First Amendment by regulating how information is organized and presented to users.
The association is also concerned that HB 1650’s unclear scope and subjective standards would incentivize companies to collect more data on users, including minors, to manage legal risk. Additionally, requirements such as nighttime notification restrictions could effectively mandate location tracking, undermining the privacy of the very users the bill seeks to protect.
CCIA supports policies that enhance online safety for young people, and the association stands ready to help lawmakers accomplish that goal. But HB 1658 and HB 1650 would create more problems than they solve while exposing New Hampshire residents and businesses to unintended consequences.
The following statement can be attributed to Kyle Sepe, State Policy Manager for the Northeast Region at CCIA, who will testify against both bills today:
“Protecting children online is vital. Our members have invested heavily in tools that empower parents and promote safer digital experiences. Unfortunately, HB 1658 and HB 1650 take overly broad approaches that raise serious constitutional and privacy concerns. These proposals would likely require increased data collection, create legal uncertainty for businesses, and restrict lawful speech for adults and minors alike. We encourage lawmakers to pause and study these bills further to ensure any policy adopted is narrowly tailored, effective, and consistent with fundamental rights.”
