Lawmakers debate attorney general's role in youth online rules

A bill aimed at keeping tech companies from encouraging compulsive use of their products by young people is advancing in the Legislature.

The proposal, LB504, as amended, regulating tech companies and the design features they can use, was introduced by Sen. Carolyn Bosn on behalf of Gov. Jim Pillen. It would prohibit companies from using algorithms to track children’s data and target them with advertising. It would also ban certain design features, like infinite scrolling, that can lead to compulsive use, anxiety and depression.

Critics say the bill might violate free speech rights guaranteed under the First Amendment. Wednesday, Sen. Mike Jacobson downplayed such concerns, and said the Legislature should act against what he said are predatory online companies.

“This is a serious problem out there," he said. "We can all get the attorneys in the room argue about, ‘Well, this is unconstitutional.’ No, it's not unconstitutional. You know what, when there's disagreement among attorneys, then you let the courts figure it out after you pass the bill."

Sen. Terrell McKinney argued against passing the bill and letting the courts decide if it’s unconstitutional.

“Senator Jacobson, I don't think we should pass laws and hope that the courts don't interfere. I think we should pass laws and make sure they're clean and they don't end up in the courts, no matter how important the issue, we shouldn't just pass laws to pass laws,” McKinney said.

Sen. John Cavanaugh objected to the fact that the bill gives the Attorney General both the power to write rules to implement the legislation, and the power to approve those rules.

“One of the big heartburns that people have had is ‘Who's making a determination about what's inappropriate content, what's offensive content?’ And so by putting in the hands of the Attorney General not only the ability to prosecute, but the ability to make the rule, make the determination if the rule is legal and appropriate, and then prosecute under that rule, I think is a really just a recipe for disaster,” he said.

Cavanaugh proposed an amendment removing the attorney general’s rulemaking authority from the bill. Sen. Bosn said she doesn’t want to take the rulemaking process out of the bill, because it includes a public hearing. But she acknowledged there could be problems with the role of the attorney general.

“If he has a public hearing on his own rules, then it goes to him to approve his own rules," she said. "Why would he not approve his own rules? And then it goes to the governor's office for ultimate approval. So if we can come up with a solution, whether it would be that the agency would instead be the secretary of state or the Public Service Commission or some other authority. I'm open to those conversations, but I think the protection that I am not willing to just strike is the opportunity for a public hearing."

With bill supporters and opponents agreeing to discuss possible changes, senators voted 38-0 to give the bill first round approval.

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