The Session Daily reports on a bill that’s not about broadband deployment but broadband use and digital equity. It’s interesting to see how the bill gets around freedom of speech by not focusing on the speech but focusing on privacy of the target market, especially when that means children.
Rep. Kristin Bahner (DFL-Maple Grove) wants to bring more regulation and accountability to social media platforms and websites accessed by children.
To that end, she sponsors HF2257, which would limit the amount of data that online businesses collect on children, limit the allowable uses of that data, and prohibit the secret monitoring of children.
“Let’s be blunt,” Bahner said. “Many online products are designed to prioritize profit over our kids. It’s wrong, it’s unacceptable, and frankly, failing to act is failing our kids.”
The House Commerce Finance and Policy Committee approved the bill, as amended, via split-voice vote and sent it to the House Judiciary Finance and Civil Law Committee.
Dubbed the “Minnesota Age-Appropriate Design Code Act,” the proposal is modeled after a law enacted by California in 2022, but blocked from implementation by a federal judge in 2023, who ruled that it violated the First Amendment rights of online businesses.
NetChoice, the technology trade group that brought the California lawsuit, also objects to the proposed Minnesota legislation on First Amendment grounds.
“An unconstitutional law protects no one,” said Amy Bos, NetChoice director of state and federal affairs.
First Amendment concerns were the focus of some Republican objections. Rep. Harry Niska (R-Ramsey) said he’s read the federal judge’s ruling and agrees that the law unconstitutionally stifles free speech.
Bahner said the bill would not be unconstitutional because it purposely avoids regulating online content. Rather, it would protect children’s privacy by strictly limiting online data collection and sharing by technology companies.
“This bill creates a framework to protect kids through the highest privacy settings by default,” she said. “It regulates how businesses manage sensitive data often used to target children online.”