Children's Privacy

On May 20, 2025, Nebraska Governor Pillen approved LB 383, which imposes a broad range of restrictions on minors’ access online.  In addition to a ban on artificial intelligence-generated child pornography, the law also requires parental controls over minor social media accounts.  Nebraska joins at least two other states that have passed bans on social media for minors without parental consent this year.Continue Reading Nebraska Bans Minor Social Media Accounts Without Parental Consent

On May 19, 2025, New York’s Office of the Attorney General (“OAG”) published new guidance on the New York Child Data Protection Act (the “Act”), which becomes effective on June 20, 2025.  As we reported last summer, the OAG released an Advanced Notice of Proposed Rulemaking addressing the Act on August 1, 2024.  The OAG has yet to release a full Notice of Proposed Rulemaking, which would be the next step in the process of developing a final rule implementing the Act’s rulemaking provisions.  Until the rules are finalized, the guidance suggests that the OAG will exercise discretion in its enforcement of the Act and consider good-faith efforts to comply with the statute.  Informal guidance is not legally binding, but provides some additional context on how the OAG might prioritize enforcement of the Act.  For a broader description of the Act’s provisions, see our previous reporting linked above. Some key elements from the guidance are listed below. Continue Reading New York Attorney General Issues Guidance on New York Child Data Protection Act

On March 13, 2025, the U.S. District Court for the Northern District of California issued an order granting NetChoice’s preliminary injunction against the entire California Age-Appropriate Design Code (CA AADC). The court held that NetChoice is likely to succeed on the merits of its facial First Amendment challenge because CA AADC is content-based, and it likely fails strict scrutiny. It is yet to be seen whether California will appeal; however, this order has the potential to be persuasive in challenges of other AADC-style state laws.Continue Reading District Court Enjoins Enforcement of the California Age-Appropriate Design Code Act

On August 1, 2024, the Office of the New York State Attorney General (OAG) released two Advanced Notices of Proposed Rulemaking (ANPRM) for the SAFE for Kids Act and the NY Child Data Protection Act. These ANPRMs solicit input that will help the OAG promulgate regulations in three areas: (1) identifying “commercially reasonable and technically feasible methods” to determine if a user is a minor; (2) identifying methods of obtaining verifiable parental consent; and (3) promulgating any needed language access regulations.

The two laws forming the basis for the rulemaking were enacted on June 20, 2024. The Stop Addictive Feeds Exploitation (SAFE) For Kids Act and the New York Child Data Protection Act contain broad requirements applicable to some companies offering services to children, as explained further below.Continue Reading New York Begins Rulemaking for Two Children’s Data Privacy Laws

U.S. Senate Majority Leader Chuck Schumer (D-NY) yesterday, July 23, initiated procedural steps that will likely lead to swift Senate passage of the Kids Online Safety Act (“KOSA”) and the Children and Teens’ Online Privacy Protection Act (“COPPA 2.0”).  Both bills have been under consideration in the Senate and the House of Representatives for some time, which we have previously covered.  Schumer’s action will likely bring the two bills in a single package to the Senate Floor as soon as Thursday, July 25. The future of the legislation in the House, however, is less certain.Continue Reading KOSA, COPPA 2.0 Likely to Pass U.S. Senate

On June 18, 2024, Louisiana enacted HB 577, prohibiting “social media platforms” with more than 1 million users globally from displaying targeted advertising to Louisiana users that the platform has actual knowledge are under 18 years of age and from selling the sensitive personal data of such users. The law amends the effective date of the state social media law, the Louisiana Secure Online Child Interaction and Age Limitation Act (“the SOCIAL Act”), to July 1, 2025. HB 577 also will take effect on July 1, 2025. This post summarizes the law’s key provisions.Continue Reading Louisiana Bans Targeted Advertising to Minors on Social Media Platforms

On Monday, March 25, Florida Governor Ron DeSantis signed SB 3 into law. At a high level, the bill requires social media platforms to terminate the accounts of individuals under the age of 14, while seeking parental consent for accounts of those 14 or 15 years of age. The law will become effective January 1, 2025. Continue Reading Florida Enacts Social Media Bill Restricting Access for Teens Under the Age of Sixteen