Nebraska Governor Jim Pillen has enacted legislation aimed at regulating social media features that may prolong children’s online engagement. The Age-Appropriate Online Design Code Act (LB504) mandates that major platforms enable users to select a chronological feed instead of relying on recommendation algorithms, which research suggests can adversely impact children’s mental health and development.
In addition to disabling potentially disruptive notifications during nighttime and school hours, platforms are required to provide users with the option to voluntarily limit their time on the services. These online platforms must also allow users to restrict the recommendation of certain content categories.
The legislation imposes several restrictions on user tracking and obligates platforms to implement robust privacy settings for users identified as minors by default. Under these settings, platforms should collect only the essential data from young users, prohibit targeted advertising, and restrict the use of deceptive design practices.
While California and Maryland have enacted similar laws, the technology trade group NetChoice is challenging these regulations in court, arguing that they infringe upon First Amendment rights. NetChoice represents major tech companies, including Meta, Google, Amazon, Reddit, X, and Snap. In February, NetChoice filed a lawsuit against Maryland to prevent the enforcement of its Age-Appropriate Design Code Act, and a judge recently ruled in favor of NetChoice by blocking California’s version of the law in March.
Amy Bos, NetChoice’s director of state and federal affairs, expressed concerns in a letter to Governor Pillen, stating that Nebraska’s design code law could necessitate age verification on a wide array of websites accessible to users in the state, including news outlets, popular blogs, and certain online retailers, which could create security vulnerabilities. Bos also highlighted that the tracking provisions might conflict with the Children’s Online Privacy Protection Act (COPPA). NetChoice believes that Nebraska’s law violates the First Amendment, even though this specific bill does not impose restrictions on the types of content that children can access.
In response to potential legal challenges, states that have recently introduced design code laws have revised their legislation to fortify it against lawsuits by trade groups and corporations. Nebraska’s design code law is scheduled to take effect on January 1, 2026, with companies potentially facing fines of up to $50,000 for each violation starting July 1, 2026.
