Law / United States / Nebraska

LB 383 (2025), Parental Rights in Social Media Act

Neb. Rev. Stat. §§ 86-1701 to 86-1705

In force since partly blocked by a court, under challenge in court.

A social media and minors rule binding private bodies.

Age threshold
18
Covered services
Social media companies as defined by the Act.
How the hook was established
express
What makes it apply
Data subject residence
Obligation class
Age verification, Consent
Verification methods
Gov ID, Third party service, Parental consent
Audit expectation
none
Court action

A suit challenging this law is pending. No court has blocked it. Premium data

What it requires

  • Verify the age of prospective account holders on your social media platform using a reasonable age verification method.no control in the NIST Privacy Framework
  • Obtain a parent's express, verified consent before a minor may hold an account.NIST Privacy FrameworkCT.PO-P1
  • Give parents tools to view a minor's messages, control privacy settings, and limit time on the platform; the requirement to give parents access to a minor's posts, interactions, and messages was not enjoined.NIST Privacy FrameworkCT.PO-P3

These lines are LexLint's reading of the law's text.

In the frameworks

NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
  • CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.

Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

If you get it wrong

Criminal exposureNo

Private right of actionYes

Penalties

Civil penalty up to $2,500 per violation, in addition to a private right of action for actual damages.

Penalty structure

This civil penalty is separate from the uncapped actual damages available to an aggrieved person under Neb. Rev. Stat. Sec. 86-1704.

Rule
Per violation only
As of
Currency
USD
Per violation unit
Violation
Per violation amount
2,500

Who enforces it

Enforcement body

Nebraska Attorney General, plus a private right of action for affected individuals

Litigation

Court
U.S. District Court for the District of Nebraska
Docket
D. Neb. No. 4:26-cv-03149, NetChoice v. Hilgers
Posture
Senior Judge John M. Gerrard preliminarily enjoined the age verification and parental consent provisions on , days before their planned effective date, finding they likely violate the First Amendment rights of users and platforms. The requirement that platforms give parents access to a minor's posts, interactions, and messages was not enjoined.

Settledness

A federal court preliminarily enjoined the Attorney General from enforcing the age verification and parental consent duties on , and left the duty to give parents methods to view a minor's posts and messages in force. The order is preliminary and the case is not decided.

As of
Under challenge
Yes
Open questions
  • Does a service on which account holders communicate only by private message 'enable an account holder to communicate with other account holders and users through posts' within the definition of social media platform in Neb. Rev. Stat. 86-1702(11)(a)?
  • What evidence makes an individual 'reasonably believed by a social media platform to be under eighteen years of age' under Neb. Rev. Stat. 86-1702(5)(a)?

What it makes you log

What the log must hold

Age assurance result, Consent or opt-out state

Log retention

As of
Basis
Purpose bound
Prohibits retaining
Any identifying information of an individual, held by the social media company or a third-party vendor, after verification is complete

Logging duty

The company must verify a minor's age and a parent's consent, receive the parent's signed form, and need not reverify unless consent is revoked, which cannot be shown without keeping the outcome. Section 86-1703(1)(b) bars keeping identifying information once verification is complete, so the statute keeps the result and not the identifying data.

Kind
Implicit
As of
Provision
Neb. Rev. Stat. 86-1703(1)(a), (2) and (3)(a)
Trigger
  • age_assurance
  • consent_or_optout

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Would require social media companies to verify the age of prospective account holders using a reasonable age verification method and to obtain a parent's express, verified consent before a minor may hold an account, with parental tools to view messages, control privacy settings, and limit time on the platform.

How courts have read itPremium data

Our analysis of this law draws on 1 court ruling.

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