On May 20, 2025, Nebraska Governor Pillen approved LB 383, which imposes a broad range of restrictions on minors’ access online.  In addition to a ban on artificial intelligence-generated child pornography, the law also requires parental controls over minor social media accounts.  Nebraska joins at least two other states that have passed bans on social media for minors without parental consent this year.

Of note, a section of LB 383 called the Parental Rights in Social Media Act (the “Act”) outlines parental rights over their children’s social media accounts.  Key provisions and definitions are below.  The following provisions of the Act become effective on July 1, 2026.

  • “Social Media Platform”:  The term is broadly defined as “a website or Internet application that allows a person to create an account and enables an account holder to communicate with other account holders and users through posts.”  “Posts” is not defined, but the definition notably excludes online platforms like email services or online shopping websites and services that consist primarily of preselected content where interactive functionality is incidental to such content.
  • “Minor”:  A minor is defined as a Nebraska resident “who is known or reasonably believed by a social media platform to be under eighteen years of age” and is not emancipated.
  • Age Verification for Minors:  Minors may not be account holders on a social media platform unless there is age verification, and their parent provides express consent.  The statute requires a “reasonable age verification method” which is defined as the   “presentation of a digitized identification card or any commercially reasonable age verification method to confirm an individual’s age.”  A social media platform may utilize third-party vendors as part of this process.  Social media companies are also prohibited from retaining age verification information after that process is complete.
  • Parental Controls:  Social media companies must develop a method for a parent to revoke consent.  Social media companies must also provide parents with methods to supervise minor accounts including: (i) viewing posts made by the minor; (ii) viewing responses or messages sent to or from the minor; (iii) controlling the minor’s privacy and account settings; and (iv) monitoring or limiting the amount of time that the minor spends on the platform.
  • Enforcement:  The Act allows (i) any individual whose information is retained after age verification was completed and (ii) minors or parents of minors for any violation of the Act to obtain relief from the social media company or third-party vendors, including actual damages.  The Nebraska Attorney General may also enforce the Act with penalties of up to $2,500 per violation.
Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection…

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection laws, and regularly represents clients in responding to investigations and enforcement actions involving their privacy and information security practices.

Lindsey’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of artificial intelligence, data processing for connected devices, biometrics, online advertising, endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, e-mail marketing, disclosures of video viewing information, and new technologies.

Lindsey also assesses privacy and data security risks in complex corporate transactions where personal data is a critical asset or data processing risks are otherwise material. In light of a dynamic regulatory environment where new state, federal, and international data protection laws are always on the horizon and enforcement priorities are shifting, she focuses on designing risk-based, global privacy programs for clients that can keep pace with evolving legal requirements and efficiently leverage the clients’ existing privacy policies and practices. She conducts data protection assessments to benchmark against legal requirements and industry trends and proposes practical risk mitigation measures.

Photo of Jenna Zhang Jenna Zhang

Jenna Zhang advises clients across industries on data privacy, cybersecurity, and emerging technologies. 

Jenna partners with clients to ensure their compliance with the rapidly evolving federal and state privacy and cybersecurity laws. She supports clients in designing new products and services, drafting privacy…

Jenna Zhang advises clients across industries on data privacy, cybersecurity, and emerging technologies. 

Jenna partners with clients to ensure their compliance with the rapidly evolving federal and state privacy and cybersecurity laws. She supports clients in designing new products and services, drafting privacy notices and terms of use, responding to cyber and data security incidents, and evaluating privacy and cybersecurity risks in corporate transactions. In particular, she advises clients on substantive requirements relating to children’s and student privacy, including COPPA, FERPA, age-appropriate design code laws, and social media laws.

As part of her practice, Jenna regularly represents clients in data privacy investigations and enforcement actions brought by the Federal Trade Commission and state attorneys general. She also supports clients in proactive engagement with regulators and policymakers to ensure their perspectives are heard.

Jenna also maintains an active pro bono practice with a focus on supporting families in adoptions, guardianships, and immigration matters.

Photo of Natalie Maas Natalie Maas

Natalie is an associate in the firm’s San Francisco office, where she is a member of the Food, Drug, and Device, and Data Privacy and Cybersecurity Practice Groups. She advises pharmaceutical, biotechnology, medical device, and food companies on a broad range of regulatory…

Natalie is an associate in the firm’s San Francisco office, where she is a member of the Food, Drug, and Device, and Data Privacy and Cybersecurity Practice Groups. She advises pharmaceutical, biotechnology, medical device, and food companies on a broad range of regulatory and compliance issues.

Natalie also maintains an active pro bono practice, with a particular focus on health care and reproductive rights.

Photo of Divya Bhat Divya Bhat

Divya Bhat is a regulatory associate in the firm’s San Francisco office, where she is a member of the Data Privacy and Cybersecurity group. Before joining Covington, Divya clerked for Judge Kea W. Riggs in the U.S. District Court for the District of…

Divya Bhat is a regulatory associate in the firm’s San Francisco office, where she is a member of the Data Privacy and Cybersecurity group. Before joining Covington, Divya clerked for Judge Kea W. Riggs in the U.S. District Court for the District of New Mexico. Her pro bono practice focuses on reproductive rights and immigration matters.