Washington – The Computer & Communications Industry Association expressed opposition to a New Jersey social media bill and then testified against a NJ online safety bill due to constitutional and privacy concerns.
NJ Assembly Bill 4013 is under consideration by the Assembly Committee on Science, Innovation and Technology. CCIA is cautioning that the proposal could create significant constitutional risks, vague compliance obligations, and unintended privacy consequences.
Assembly Bill 4013 would require certain platforms to monitor user behavior, provide warnings related to mental health, and impose design mandates based on broad, undefined standards. While CCIA supports thoughtful approaches that help families and young people safely navigate online spaces, the association warns that compelled warning labels and content-based regulations have repeatedly raised First Amendment concerns and have often been blocked by federal courts. The association is particularly concerned that the bill’s monitoring requirements could force companies to collect more sensitive information about users, including data related to sleep patterns, posting activity, and time spent online.
Meanwhile, CCIA is testifying this afternoon against NJ Assembly Bill 4015, saying its method for designating covered services violates the First and Fourteenth Amendments. CCIA also notes the bill raises privacy concerns by requiring data to know what time zone a younger user is at all times to comply with the mandate on when notices can be sent.
The following statement can be attributed to Kyle Sepe, Northeast Region State Policy Manager for CCIA:
“Mandating behavioral monitoring and warning labels creates serious constitutional and practical concerns for online services. New Jersey lawmakers should focus on workable solutions that support youth safety without restricting lawful expression or imposing unclear compliance burdens.”
“Requiring companies to track the geolocation of teens and younger users to comply with the proposed ‘New Jersey Kids Code Act,’ creates new privacy and safety concerns. Protecting younger users is a shared goal, and it could be better accomplished by not requiring additional private data.”
