Nebraska Legislature advances bill aiming to curb online design features targeting children after extended debate

Senator Megan Bosin's Age‑Appropriate Online Design Code Act (LB504) advanced from general file Thursday after extensive floor debate about enforcement, rulemaking authority and technical definitions tied to online platforms and children.

Proponents said the bill addresses “algorithms for kids” and addictive design features on social media that harm young users. Opponents repeatedly raised concerns that the measure grants too much power to the attorney general, may raise First Amendment and interstate commerce issues, and leaves open how key terms will be defined and enforced.

The bill would, among other things, prohibit covered online services from using certain design features that “substantially subvert or impair user autonomy, decision making, or choice,” and imposes enforcement mechanisms that the bill assigns to the Nebraska attorney general. Senator Bosin described the measure as bipartisan and intended to present parents with the ability to control age‑appropriate defaults and protections for children.

Floor debate focused most heavily on two technical areas: (1) delegation of rulemaking to the attorney general and whether the attorney general should both create rules and later approve and enforce them; and (2) unclear or varying age thresholds in the bill’s text. Senator John Kavanaugh explained his concern about giving the attorney general rulemaking authority while that office also reviews rules under the state Administrative Procedure Act, saying that would allow the attorney general “to be the investigator, the enforcer and the judge in the process.” Several senators, including Mikaela Kavanaugh, Conrad and Fredericksen, asked whether rulemaking could be placed with another agency or be made permissive so the public retains the opportunity for hearings.

Members also probed the bill’s technical definitions. Kavanaugh asked for the bill’s definition of “dark patterns.” Bosin pointed to state statute 87‑1102 (cited in debate) and to the Federal Trade Commission’s work; she said the bill incorporates a concept of dark patterns that aligns with FTC determinations as of Jan. 1, 2024.

Other lawmakers raised enforcement and policy‑coherence questions. Senator Hunt and others flagged potential tensions with other legislation discussed in the session, including bills that affect corporate liability for data breaches; Hunt warned that expanding required data collection (for age verification, for example) while limiting consumers’ remedies could leave Nebraskans more vulnerable. Senator Conrad asked for clearer limits on a broad government exemption contained in the bill; Bosin said she was open to negotiating language on that point.

Senator John Kavanaugh filed a floor amendment (FA22) to remove the attorney general’s rulemaking authority; he later withdrew that amendment after conversations with the bill’s sponsor intending to find an alternative placement for rulemaking if it proved necessary. Kavanaugh said he had consulted the Administrative Procedure Act while preparing his amendment and remained concerned about separations of roles.

After debate and several procedural motions, the Legislature advanced LB504 to E&R initial. The record shows a voice/roll vote in favor; the clerk recorded 38 ayes and no nays on advancement. A motion to reconsider had been offered earlier and failed by a recorded nays majority (clerk recorded 29 nays, 0 ayes). Bosin closed by committing to continue working with colleagues on technical issues.

The bill now goes to the bill refinement stage; sponsors signaled openness to further amendment on rulemaking, age thresholds and certain exemptions as the measure moves toward select file.

Votes and key next steps are procedural: the Legislature advanced LB504 to E&R initial; sponsors and opponents said negotiations will continue before select file.