Washington – The Computer & Communications Industry Association will testify today before the New Jersey Senate Committee on Law and Public Safety in opposition to S 3413, the “New Jersey Kids Code Act,” warning that the legislation raises significant constitutional concerns and could produce unintended consequences for minors, families, and businesses.
CCIA supports efforts to improve online safety for children and teenagers. However, the association argues that S 3413 relies on vague standards that would be difficult to implement, restrict lawful online speech, and create new privacy risks in the process of attempting to protect young users.
CCIA’s testimony notes that several provisions of the bill mirror restrictions that courts have recently found unconstitutional, including limitations on how online services communicate with users and requirements governing how content is displayed. The legislation also uses broad and subjective definitions for prohibited design features, making it difficult for businesses to determine what conduct is permitted and increasing the likelihood of inconsistent enforcement.
The association further warns the bill could require businesses to collect additional information about minors, including location and age-related data, creating privacy concerns for the very users the legislation seeks to protect. CCIA also notes that the bill’s expansive requirements could encourage some services to restrict or deny access to users under 18 altogether rather than risk liability under the law.
For many young people, online communities provide valuable opportunities for learning, connection, and support. Policymakers should carefully consider whether broad restrictions could unintentionally limit access to those resources while failing to address specific harms.
The following statement can be attributed to Kyle Sepe, State Policy Manager, Northeast Region at CCIA:
“S 3413 raises serious constitutional and practical concerns. The bill relies on vague standards, restricts lawful speech, and could require the collection of additional user data in order to comply with its requirements. Efforts to improve online safety should be carefully tailored to address specific harms without undermining privacy, limiting access to valuable online resources, or creating legal uncertainty for businesses and consumers.”
