Law / United States / 
Nebraska
LB 1092 (2024), Online Age Verification Liability Act
Neb. Rev. Stat. §§ 87-1001 to 87-1005
In force since .
An adult content age verification (AV) rule binding private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- Audit expectation
- none
What it requires
- Applies to a commercial entity that knowingly or intentionally publishes or distributes material harmful to minors on the internet, where such material is a substantial portion (more than one third) of the site's content.
- Perform reasonable age verification of Nebraska users; publishing such material without it creates civil liability.
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
Private civil action under Neb. Rev. Stat. Sec. 87-1004; the Act itself creates no Attorney General enforcement or civil-penalty provision.
Settledness
- As of
- Open questions
- How is a 'substantial portion', defined as more than one-third of the total material on a website in Neb. Rev. Stat. 87-1002(10), measured for a website that mixes material harmful to minors with other material, by number of items, number of pages or running time?
What it reaches
Age threshold
18
Covered services
Commercial websites where more than one third of content is material harmful to minors.
Obligation class
Age verification
Verification methods
Gov ID, Transactional data, Third party service
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- Substantial portion means an amount which is more than one-third of the total material on a website.
What it makes you log
Log retention
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Any identifying information of the individual, held by the commercial entity or by a third party that performs the age verification, after access has been granted to the material
Logging duty
The act requires a reasonable age verification method and bars keeping identifying information once access is granted. It names no log, record or proof of the check.
- Kind
- None
- As of
- Provision
- Neb. Rev. Stat. 87-1003(1) and (2)
What this law does
Creates civil liability for a commercial entity that knowingly or intentionally publishes or distributes material harmful to minors on the internet, where such material makes up a substantial portion (more than one third) of the site's content, without performing reasonable age verification of Nebraska users.
When LexLint raises it
When your app profile says your app publishes adult content.
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