Technology (Social Media)

LB 1118 would amend Nebraska's Uniform Deceptive Trade Practices Act to specifically classify certain actions by social media platforms as deceptive trade practices. The bill targets practices like algorithmic manipulation that mislead users about content visibility or data usage, directly affecting major social media companies operating in Nebraska. Key provisions would require platforms to avoid deceptive representations regarding how content is promoted or how user data is handled, aligning their practices with existing consumer protection laws. If enacted, this would subject social media platforms to the same legal standards as other businesses regarding deceptive marketing or data practices under Nebraska law.

Nebraska's LB 1119 amends the Age-Appropriate Online Design Code Act to protect children and teens online. It directly affects major online platforms (like social media and games) that meet specific thresholds - such as having $25 million+ annual revenue or processing data for 50,000+ users. The bill prohibits "dark patterns" that exploit young users, including infinite scroll, auto-playing media, gamified rewards for excessive use, and deceptive notification tactics. It also clarifies that platforms must treat users under 18 as "covered minors" and prohibits using their data for targeted advertising without parental consent. The law applies to services accessible in Nebraska that process personal data of minors.

LB 1175 amends Nebraska's Parental Rights in Social Media Act to allow parents or minors harmed by social media companies to sue under product liability law instead of general civil actions. It reclassifies social media platforms as "products" for legal purposes, enabling lawsuits claiming harm from platform design or features (like addiction or exploitation) as if they were defective products. This directly affects parents of minors or minors themselves who believe social media companies violated the act by retaining their data or causing harm. The bill changes the legal mechanism for seeking damages but does not alter the types of harms (e.g., self-harm, addiction) that qualify for compensation under the law.

LB 1025 imposes a new excise tax on social media companies that collect consumer data from Nebraska residents. Starting January 1, 2027, companies must pay tax based on the number of Nebraska consumers whose data they collect monthly: $0 for under 50,000 users, $0.10 per user over 50,000 but under 250,000, and $40,000 plus $0.25 per user over 250,000 but under 500,000. The tax directly affects for-profit social media platforms meeting the bill's definition (excluding search engines, email services, and certain professional tools). It targets data collection practices rather than platform usage, creating a tiered revenue stream for Nebraska.

LB 93 updates Nebraska's criminal discovery rules to require prosecutors to share digital evidence and expert witness details with defendants. It expands access to phone records, text messages, social media, and computer data when relevant to a case, and mandates disclosure of expert qualifications and opinions. The bill affects defendants facing felony charges or misdemeanor cases with possible jail time, ensuring they can review digital evidence and challenge expert testimony. Key changes include defining "digital information" broadly and adding a "continuing duty" for prosecutors to disclose new evidence during trials. These provisions aim to balance defendants' right to prepare a defense with practical trial management.

Nebraska's LB 615 prohibits distributing AI-generated deepfakes (videos, audio, or images falsely depicting candidates) within 90 days before an election if they misrepresent a candidate's actions or speech with intent to harm their reputation or deceive voters. It requires clear, visible disclosures (e.g., "This video has been AI-generated") when using synthetic media, with specific size and duration rules for visual content and audio announcements. Exceptions include news broadcasts clearly stating authenticity questions, satirical content, and media outlets publishing with explicit disclaimers. The law directly affects political campaigns, social media users, and media distributors during election periods but exempts bona fide news coverage. Candidates can seek court orders to block violations of the ban.