Trenton, NJ – The Computer & Communications Industry Association will testify today before the New Jersey Senate Committee on Law and Public Safety in opposition to A 4013, warning that the bill raises significant constitutional concerns and could produce unintended consequences for minors, families, and businesses.
CCIA supports efforts to improve children’s online safety and protect children’s mental health and well-being. However, A 4013 is not the solution. The bill violates the First and Fourteenth Amendments, introduces new privacy risks, and relies on vague standards that are difficult to implement.
In testimony to the committee, CCIA notes several provisions of the bill mirror restrictions that courts have recently found unconstitutional. The bill’s method of designating covered services focuses on platforms whose primary function is to connect users for social interaction. This method has been struck down by multiple federal courts as an unconstitutional content-based speech restriction and an impermissibly vague standard under the Fourteenth Amendment. The bill’s mandatory warning label requirement has similarly been ruled “compelled speech” in federal court, and courts have only permitted such mandated warnings where the underlying science is absolute.
The association warns that the bill’s core enforcement mechanism, which requires covered services to monitor users for “problematic behaviors” flagged by the Commissioner of Health, relies on broad, subjective definitions that make it difficult for businesses to determine what conduct is permitted and increases the likelihood of inconsistent enforcement. The bill’s examples of problematic behavior, such as using a platform for three or more hours in a day, posting ten or more times in a day, or accessing a platform within ten minutes of waking, could sweep in entirely lawful activity, including journalism, activism, and school and professional work.
CCIA encourages the legislature to pursue targeted approaches. Digital citizenship education and the use of online safety tools that address specific harms without restricting lawful speech or compromising minors’ privacy are better solutions.
The following statement can be attributed to Kyle Sepe, State Policy Manager, Northeast Region at CCIA:
“CCIA is committed to protecting children’s safety and privacy online, but A 4013 takes an approach that raises serious constitutional and practical concerns. It is important to protect young people’s mental health and their First Amendment rights. New Jersey lawmakers should pursue targeted solutions that empower families and address specific harms without creating new privacy risks or restricting protected speech.”
