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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1119
Introduced by Bosn, 25.
Read first time January 16, 2026
Committee: Banking, Commerce and Insurance
A BILL FOR AN ACT relating to the Age-Appropriate Online Design Code Act;1
to amend sections 87-1301, 87-1302, 87-1305, and 87-1308, Revised2
Statutes Supplement, 2025; to redefine terms; to change provisions3
relating to the collection and use of personal data and prohibited4
acts; to provide additional duties and prohibitions for a covered5
online service; to harmonize provisions; and to repeal the original6
sections. 7
Be it enacted by the people of the State of Nebraska,8
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Section 1. Section 87-1301, Revised Statutes Supplement, 2025, is1
amended to read: 2
87-1301 Sections 87-1301 to 87-1309 and sections 3 and 4 of this act3
shall be known and may be cited as the Age-Appropriate Online Design Code4
Act. 5
Sec. 2. Section 87-1302, Revised Statutes Supplement, 2025, is6
amended to read: 7
87-1302 For purposes of the Age-Appropriate Online Design Code Act:8
(1) Actual knowledge includes all information and inferences known9
to the covered online service relating to the age of the individual,10
including, but not limited to, self-identified age, and any age the11
covered online service has attributed or associated with the individual12
for any purpose, including marketing, advertising, or product13
development. If a covered online service's classification of an14
individual for purposes of marketing or advertising is inconsistent with15
the individual's self-identified age, a covered online service shall16
disregard self-identified age for purposes of the act;17
(2) Child means an individual younger than thirteen years of age;18
(3) Covered design feature means any feature or component of a19
covered online service that will encourage or increase the frequency,20
time spent, or activity of a user on the covered online service and21
includes: 22
(a) Infinite scroll or a design feature where content automatically23
and continuously loads at the bottom of a screen, other than what the24
user explicitly prompted, requested, or searched for;25
(b) Auto-playing video or audio, or a design feature in which a26
video or audio automatically begins playing when a user navigates to or27
scrolls through a set of videos without any explicit action on the part28
of a user indicating the user's desire to watch that specific video or29
listen to that audio; 30
(c) Quantification of engagement, including, but not limited to,31
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providing a visible count of how many likes, comments, clicks, views, or1
reactions a user-generated item has received; 2
(d) Gamification, or a design feature that emulates gameplay,3
including, but not limited to, a streak, badge, or reward that motivates4
or causes more frequent or more extensive use of an online service5
through incentives or frequency of use; 6
(e) The use of clustering, timing, or volume of notifications or7
push alerts, irrespective of content; 8
(f) A design feature in which virtual currencies are used or where9
digital items are purchased; 10
(g) Image-altering filters or a design feature that facilitates a11
false perception of an image; 12
(h) Requiring or repeatedly prompting for account creation in order13
to access publicly available user-generated content;14
(i) Using ephemerality to prompt the urgent use of an online15
service; 16
(j) Creating barriers to deleting an account or to removing17
connections to other users of the service; or 18
(k) A feature that increases usage through the illusion of talking19
with a human being that seeks to elicit feelings of intimacy from the20
user; 21
(a) Infinite scroll; 22
(b) Rewards or incentives for frequency of visits or time spent on23
the covered online service; 24
(c) Notifications or push alerts; 25
(d) In-game purchases; or 26
(e) Appearance-altering filters; 27
(4) Covered minor means a user that a covered online service knows28
to be a minor; 29
(5)(a) Covered online service means a sole proprietorship, a limited30
liability company, a corporation, an association, or any other legal31
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entity that owns, operates, controls, or provides an online service that:1
(i) Conducts business in this state; 2
(ii) Alone, or jointly with its affiliates, subsidiaries, or parent3
companies, determines the purposes and means of the processing of4
consumers' personal data; and 5
(iii) Satisfies at least one of the following:6
(A) (iii) Has annual gross revenue in excess of twenty-five million7
dollars, adjusted every odd-numbered year to reflect changes in the8
Consumer Price Index for All Urban Consumers published by the Federal9
Bureau of Labor Statistics for the two-year period preceding the10
adjustment date. The amount shall be rounded to the next highest one-11
thousand-dollar amount; or 12
(B) (iv) Annually processes buys, receives, sells, or shares the13
personal data of fifty thousand or more consumers, households, or14
devices, alone or in combination with its affiliates, subsidiaries, or15
parent companies. ; and 16
(v) Derives at least fifty percent of its annual revenue from the17
sale or sharing of consumers' personal data. 18
(b) A covered online service includes: 19
(i) An entity that controls or is controlled by a business that20
meets the definition of covered online service if the entity and business21
share a name, service mark, or trademark that would cause a reasonable22
consumer to understand that the entity and business are commonly owned;23
and 24
(ii) For a covered online service that is a joint venture or25
partnership, any person with an ownership interest of forty percent or26
more in such venture or partnership. 27
(c) A covered online service does not include an online service with28
actual knowledge that fewer than two percent of its users are minors,29
provided that, in making such assessment, an online service shall not be30
required to collect personal data of users, and if an online service31
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collects personal data of users for such purpose, it shall not use such1
personal data for other purposes and shall delete such personal data2
after using it to make the assessment; 3
(6) Dark pattern means a user interface designed or manipulated with4
the effect of substantially subverting or impairing user autonomy,5
decisionmaking, or choice. Dark pattern includes any practice determined6
to be a dark pattern by the Federal Trade Commission as of January 1,7
2024; 8
(7) Knows to be a child or knows to be a minor means actual9
knowledge that the user is a child or minor, as applicable;10
(8) Minor means an individual younger than eighteen years of age;11
(9) Online service means any service, product, or feature that is12
accessible to the public via the Internet, including a website or13
application. An online service does not include any of the following:14
(a) A telecommunications service as defined in 47 U.S.C. 153;15
(b) A broadband Internet access service as defined in 47 C.F.R.16
8.1(b); or 17
(c) The sale, delivery, or use of a physical device;18
(10) Parent has the same meaning as in the federal Children's Online19
Privacy Protection Act of 1998, 15 U.S.C. 6501 et seq., and the Federal20
Trade Commission rules implementing such act; 21
(11) Personal data means any information, including derived data and22
unique identifiers, that is linked or reasonably linkable, alone or in23
combination with other information, to an identified or identifiable24
individual or to a device that identifies, is linked to, or is reasonably25
linkable to one or more identified or identifiable individuals in a26
household. Personal data does not include publicly available data;27
(12) Personalized recommendation system means a fully or partially28
automated system used to suggest, promote, or rank content, including29
other users, hashtags, or posts, based on the personal data of users;30
(13) Precise geolocation information means any data that identifies31
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within a radius of one thousand seven hundred fifty feet a covered1
minor's present or past location or the present or past location of a2
device that links or is linkable to a covered minor or any data that is3
derived from a device that is used or intended to be used to locate a4
covered minor within a radius of one thousand seven hundred fifty feet by5
means of technology that includes a global positioning system that6
provides latitude and longitude coordinates. Precise geolocation7
information does not include the content of communications or any data8
generated or connected to advanced utility metering infrastructure9
systems or equipment for use by a utility; 10
(14) Process means to perform an operation or set of operations by11
manual or automated means on personal data. Process includes collecting,12
using, storing, disclosing, sharing, analyzing, deleting, or modifying13
personal data; 14
(15) Profile means any form of automated processing of personal data15
to evaluate, analyze, or predict certain aspects relating to a covered16
minor, including a covered minor's economic situation, health, personal17
preferences, interests, reliability, behavior, location, or movements;18
(16) Publicly available data means data (a) that is lawfully made19
available from federal, state, or local government records, (b) that a20
business has a reasonable basis to believe is lawfully made available to21
the general public by the individual or from widely distributed media, or22
(c) that is made available by a person to whom the individual has23
disclosed the data if the individual has not restricted the data to a24
specific audience. Publicly available data does not mean biometric data25
collected by a covered online service about a covered minor without the26
covered minor's knowledge; 27
(17) Targeted advertising means displaying advertisements to an28
individual when the advertisement is selected based on personal data29
obtained or inferred from that individual's activities over time and30
across nonaffiliated websites or online applications to predict the31
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individual's preferences or interest. Targeted advertising does not1
include: 2
(a) Advertisements based on activities within a covered online3
service's own Internet websites or online applications;4
(b) Advertisements based on the context of an individual's current5
search query, visit to an Internet website, or use of an online6
application; 7
(c) Advertisements directed to an individual in response to the8
individual's request for information or feedback; or9
(d) Processing personal data solely to measure or report advertising10
frequency, performance, or reach; and 11
(18) User means, with respect to a covered online service, an12
individual who registers an account or creates a profile on the covered13
online service. 14
Sec. 3. A covered online service shall not: 15
(1) Provide a covered minor with a single setting that makes all of16
the default privacy settings less protective at once; or17
(2) Request or prompt a covered minor to make the covered minor's18
privacy settings less protective, unless the change is strictly necessary19
for the covered minor to access a service or feature that such covered20
minor has expressly and unambiguously requested. 21
Sec. 4. A covered online service shall: 22
(1) Provide a prominent, accessible, and responsive tool to allow a23
covered minor to request that the covered minor's account be unpublished24
or deleted; and 25
(2) Honor a request under subdivision (1) of this section no later26
than fifteen days after the covered online service receives the request.27
Sec. 5. Section 87-1305, Revised Statutes Supplement, 2025, is28
amended to read: 29
87-1305 (1) A covered online service shall only collect and use the30
minimum amount of a covered minor's personal data necessary to provide31
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the specific elements of an online service with which the covered minor1
has knowingly engaged. Such personal data shall not be used for reasons2
other than those for which it was collected. 3
(2) A covered online service shall not be required to collect the4
personal data of a user to comply with the Age-Appropriate Online Design5
Code Act. A covered online service that collects personal data of a user6
for age verification cannot use such personal data for other purposes and7
shall delete such personal data after use for age verification.8
(3) A covered online service shall only retain the personal data of9
a covered minor as long as necessary to provide the specific elements of10
an online service with which the covered minor has knowingly engaged.11
(4) A covered online service shall not facilitate targeted12
advertising to a covered minor. 13
(5) A covered online service shall provide an obvious sign to a14
covered minor when precise geolocation information is being collected or15
used. 16
(6) The use of notifications and push alerts to a covered minor is17
prohibited between the hours of 10 p.m. and 6 a.m. and between the hours18
of 8 a.m. and 4 p.m. on week days during the school year in the covered19
minor's local time zone. 20
(7) A covered online service shall not profile a covered minor21
unless profiling is necessary to provide a covered online service22
requested by such covered minor, and only with respect to the aspects of23
the covered online service with which the covered minor is actively and24
knowingly engaged. 25
(8) A covered online service shall ensure that the default settings26
for the protections required pursuant to this section are set at the27
highest protection available for the safety of the covered minor.28
(9) If a covered online service allows parental monitoring, the29
covered online service shall provide an obvious signal to a covered minor30
when such minor is being monitored. 31
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Sec. 6. Section 87-1308, Revised Statutes Supplement, 2025, is1
amended to read: 2
87-1308 (1) A covered online service is prohibited from facilitating3
advertisements for prohibited products, such as narcotic drugs, tobacco4
products, gambling, and alcohol, to covered minors.5
(2) A covered online service is prohibited from using dark patterns6
to subvert or impair covered minor autonomy, decisionmaking, or choice.7
Sec. 7. Original sections 87-1301, 87-1302, 87-1305, and 87-1308,8
Revised Statutes Supplement, 2025, are repealed. 9
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