Nebraska lawmakers take aim at youth social media and cell phone use

This story was originally published by Nebraska Examiner.

LINCOLN — Nebraskans under age 18 would need parental permission before opening a social media account under new legislation to be considered this year by state lawmakers.

The measure, to be introduced by State Sen. Tanya Storer of Whitman, was among four proposals promoted Monday by Gov. Jim Pillen and Nebraska Attorney General Mike Hilgers at a news conference announcing legislation aimed at “protecting our kids” from online abuse and “addictive” phone apps and online services.

“Just as a parent must consent for a child to get their ears pierced, (consent) should also be required for access to platforms that collect personal data and expose children to potential harm,” Storer said during the event at the Governor’s Office that drew nine state senators.

“Social media poses inherent risk, and parents deserve the tools to make informed decisions about their children’s online safety,” said the newly elected lawmaker.

Storer and others at the event said state government needs to play a more active role in a minor’s access to online technology — as, they said, social media opens the door to bullying, sexual predators and a rise in mental health problems, including unhealthy obsessions with body flaws and higher risks of suicidal thoughts.

Under the Parental Rights in Social Media Act, which has yet to be formally introduced, social media companies would be required to verify age and get parental consent for a minor to create a social media account, Storer said.

Companies that do not follow the law would face civil violations, including a $2,500 fine per offense.

‘Not the Real World’

The bill, Storer said, was modeled after a Florida law that took effect this year, though it is less restrictive. Under the Florida law, social media sites are required to delete existing accounts for youths under age 14 within 90 days or face fines of up to $50,000. 

Minors who are 14 and 15 years old can be on social media if they have parental consent. (The Florida attorney general is not enforcing the law pending a judge’s ruling on a request for a preliminary injunction.)

Storer said the Nebraska proposal, as drafted, would not be “retroactive” and would not call for existing accounts to be deleted. As currently designed, she said, parental consent would be necessary for any social media accounts after the law takes effect.

“This isn’t a ban,” Storer said. “It’s simply giving parents the control to monitor.”

ACLU Nebraska, a nonprofit civil rights watchdog, said it had not yet seen the bill’s language and therefore could not fully react. But spokesman Sam Petto said he anticipates that the ACLU would have concerns regarding free speech rights.

For his part, Pillen said online technology is “not the real world” and needs regulation that Nebraska should have had two years ago.

Hilgers noted that he has four children. He said today’s pressures on kids, especially girls, from the digital and online world are unlike any other time in history.

Other Legislation

Other legislative proposals announced during the news conference included:

LB 140, by State Sen. Rita Sanders of Bellevue, would require all school boards of a public school district to develop and establish a policy restricting student use of cellphones while in school, on school property or attending a school function.

Some districts, including Bellevue Public Schools, already have adopted restrictive guidelines, Sanders said. She noted that her proposal leaves “local control” for districts to craft guidelines for an approach that fits with needs of their area — be it rural, suburban or urban.

Sanders said her motive is to support the academic growth of students by creating a learning environment free of “distractions.”

“We know how distracting our cell phones can be,” she said. “We know that the phone usage has been found to correlate with lower test scores.”

The proposal allows school districts to lay out exceptions for emergencies or special circumstances, including when cell phones are authorized by a teacher or necessary for health reasons.

Petto said he doesn’t foresee ACLU Nebraska opposing that bill, and is pleased to see that Sanders considered exceptions for students with special needs and disabilities and also that it does not focus on looking at the content on a cell phone.

If adopted, the law would take effect prior to the next school year.

While Pillen encouraged “no phones bell to bell,” he also went as far as to recommend what he admitted can not be enforced: a “no phones in bed” rule for youths. 

“We obviously can’t legislate it,” Pillen said of the bed rule. But, he added, “Seriously, grandparents, parents, if you’re allowing your child to take a phone to bed you’re absolutely hampering that child … that’s pure science out there.”

LB 172, introduced by State Sen. Brian Hardin of Gering and supported by Pillen and Hilgers, would outlaw computer-generated child pornography.

Currently, Hardin said, state law does not clearly define or prohibit the creation of sexually exploitative material made by artificial intelligence or through the digital manipulation of a youth’s picture or video.

Violation of the “Child Pornography Prevention Act” would be a felony offense. Hardin said it provides tools for law enforcement officials to investigate and stop such actions.

State Sen. Carolyn Bosn of Lincoln said she plans to introduce the “Age-Appropriate Online Design Code Act” targeting social media companies at the design stage.

“This bill says algorithms shouldn’t track children,” Bosn said of the bill. Since the bill has not been formally introduced, the ACLU said it could not fully size up its potential impact.

According to Bosn, the legislation puts “the best interests of children over company profits” and would give parents “the ability to have control over the child’s private information through accessible and easy to use tools without undermining the First Amendment.”

Officials said the bill requires social media and other online services to design features that prevent: compulsive use of their product; severe psychological harm such as anxiety and depression; identity theft and privacy violations.

It requires social media companies to provide parents the ability to manage their child’s privacy and account settings and to restrict the hours of use of these services.

Hilgers said he considers all the measures enforceable.

“Some of the biggest threats to children originate online, through cell phones, social media and child sexual abuse material,” he said. 

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