Washington – The Computer & Communications Industry Association is testifying today before the Nebraska Legislature’s Banking, Insurance, and Commerce Committee in opposition to LB 1119, the Age-Appropriate Online Design Code Act, warning that the proposal raises serious constitutional, privacy, and operational concerns that could harm Nebraska consumers and businesses. Courts have repeatedly held that states may not compel or restrict how digital services organize or display content in violation of the First Amendment.
CCIA supports strong online protections for children. That’s why CCIA member companies provide robust parental controls, default privacy protections for younger users, and tools that allow families to tailor online experiences to a child’s developmental needs. However, CCIA cautions that LB 1119 is not narrowly tailored to achieve those goals and would create significant unintended consequences.
CCIA warns that LB 1119:
- Raises First Amendment concerns by mandating how online services design and present information.
- Regulates engagement features and design elements that risk imposing unconstitutional content-based restrictions on protected speech.
- Relies on vague and subjective standards that would make compliance difficult, if not impossible, leaving businesses without clear guidance on what is permitted and exposing them to arbitrary enforcement.
- Is overly broad and could sweep in small and primarily offline businesses, including retailers and local attractions, subjecting them to complex technical requirements they may lack the resources to meet.
While CCIA supports protecting minors online, the Association urges lawmakers to pursue solutions that are constitutional, clearly defined, and workable in practice.
The following statement can be attributed to Megan Stokes, State Policy Director for the Computer & Communications Industry Association, who is testifying against the bill:
“Protecting children’s safety and privacy online is a goal we all share. Unfortunately, LB 1119 takes an approach that raises serious constitutional questions, creates legal uncertainty for businesses, and risks unintended consequences for Nebraska consumers. CCIA stands ready to help lawmakers focus on solutions that are effective, clearly defined, and consistent with longstanding constitutional principles.”