New Jersey bill AB 3752 would require any site that knowingly collects information from those under 18 years of age to obtain parental consent and disclose to the parent the types of information provided.
So what is so iAWFUL?
The requirement of parental consent for websites directed to young adults will harm both young adults and the websites dedicated to serving them.
AB 3752 resembles a 2009 Maine law which NetChoice filed comments against and was ultimately repealed by Maine’s legislature.
Under AB 3752, websites must obtain verifiable parental consent. However, AB 3752 provides no guidance on how to obtain such consent and nobody has yet shown a reliable system for verifiable parental consent. For example, parental consent could be obtained through credit card verification, but this opens a host of privacy concerns. Similarly, parental consent could occur through email, but how could a website verify that the parent actually sent that email?
Also, AB 3752 requires teens already using websites to immediately obtain their parent’s permission. Consider the 17-year-old who uses a networking site to connect with classmates or learn more about a college. Under AB 3752, they would first need to obtain their parent’s consent before going back to these websites.
Moreover, even if 17-year-old could obtain their parent’s consent, parents retain the right to review what types of information are provided. Suppose a teen wants to view a website to learn more about their sexual orientation or how to deal with a pregnancy. No longer can they access such information without worrying about parental review. This creates a “chilling effect” of minors’ use of the Internet to learn more about themselves.
In addition, AB 3752 raises constitutional concerns. AB 3752 imposes extensive restrictions on a large swath of both commercial and non-commercial speech in violation of the First Amendment, it affects inter-state commerce in violation of the dormant commerce clause of the constitution, and it conflicts with COPPA, thus violating the supremacy clause of the constitution.
Finally, exposing websites to prosecution for serving teens would likely result in these websites shuttering their services rather than risking violation.
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