NetChoice, a trade group representing tech companies like Facebook, TikTok, and Twitter, has filed a lawsuit against the state of Arkansas over a recently passed law that mandates parental consent for minors to create social media accounts.
The law, signed by Republican Governor Sarah Huckabee Sanders in April, requires social media platforms to partner with third-party vendors for age verification checks on new users, and it is slated to take effect on September 1.
NetChoice Challenges Alaska Law
NetChoice, in their press release, argues that Arkansas has infringed upon constitutional freedoms in the digital age with the passage of Senate Bill 396 (SB 396).
They contend that the law violates the First Amendment rights of Arkansans by linking access to online speech with the surrender of private data.
Furthermore, NetChoice asserts that SB 396 jeopardizes the privacy and security of internet users, particularly minors, as it compels online services to utilize third-party entities for tracking, verifying, and storing information on minors.
They highlight concerns regarding users entrusting their sensitive data to unfamiliar entities, which could become targets for hackers and malicious actors.
"We're suing Arkansas today to protect First Amendment rights and keep online speech accessible," NetChoice Litigation Center Director Chris Marchese said in a statement.
"This law empowers the state to tell Arkansans what types of information they're allowed to access online, forces them to hand over their most sensitive documents to use the internet, and seizes decision-making from parents and families. That is an unconstitutional power grab, and we're petitioning to put a stop to it."
In addition to constitutional concerns, NetChoice's complaint alleges that SB 396 disregards existing federal protections for children online, as outlined in the Children's Online Privacy Protection Rule (COPPA).
They argue that the law violates both the Commerce Clause and the Fourteenth Amendment's Due Process Clause of the US Constitution.
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NetChoice's Five Reasons for the Lawsuit
NetChoice expresses concerns about SB 396 for all families due to various reasons. Firstly, the law links the exercise of First Amendment rights to the surrender of sensitive personal data.
Secondly, the group said that it places users, especially minors, in a vulnerable position by mandating the sharing of personal information with unfamiliar third-party entities.
Additionally, NetChoice claims that the law overlooks existing federal regulations aimed at safeguarding children online, thus raising concerns about its compliance with the Supremacy Clause.
Moreover, the group argues that the law extends Arkansas' regulatory authority beyond its borders, potentially infringing upon the Commerce Clause.
Lastly, SB 396 diminishes the decision-making authority of parents and guardians regarding their family's online interactions, transferring control to the state and impinging upon their freedom, according to NetChoice.
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