Effective Date:
January 1, 2026
July 17, 2026
(As amended) Online service offered by an entity that has annual gross revenue in excess of $25M, annually buys, sells or shares the personal data of 50,000+ consumers, households or devices, and derives at least 50% of annual revenue from the sale or sharing of personal data.
Does not include an online service with actual knowledge that fewer than 2% of its users are minors.
Other exceptions for governmental entities, financial institutions governed by GLBA, data subject to HIPAA, etc.
Age gate not required. Actual knowledge standard (broadly defined).
Actual knowledge includes all information and inferences known to the online service relating to the age of the individual, incl. self-identified age, and any age the online service has attributed or associated with the individual for any purpose, including marketing, advertising, or product development.
Parental Rights in Social Media Act, LB 383, NRS §§ 86-1701 to 86-1705
Effective date:
July 1, 2026
Preliminary Injunction granted in part:
June 27, 2026 (rest of statute can take effect)
Minor < 18
Social media platform that:
Act does not apply to broadband, email, ecommerce, news, career development sites, peer-to-peer payment platforms, among other exceptions.
[Preliminarily Enjoined] A social media platform must use a commercially reasonable age verification method, including but not limited to, requiring the consumer to present a digitized ID card. May use a third-party vendor.
Nebraska Data Privacy Act,
LB 1074
Effective date:
January 1, 2025
Children < 13
Must conduct data protection assessment for processing of sensitive PI (including from child < 13).
No specified penalty change if violation involves a child.
Online Age Verification Liability Act, LB 1092
Effective date:
July 19, 2024
A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet on a website that contains a substantial portion (33.3%) of such material.
“Material harmful to Minors” means any material that (a) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to its consumption by minors, that such material is designed to appeal to or pander to the prurient interest; (b) The material is patently offensive to prevailing standards in the adult community as a whole with respect to its consumption by minors; and (c) The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors.
Any news-gathering organization or any bona fide news or public interest broadcast, website video or report; internet service provider, search engine, cloud provider or their affiliates.
Reasonable age verification method means a process to verify that the person attempting to access the material is at least eighteen years of age or older through the use of:
Any commercial entity or third party that performs an age verification required by this section shall not retain any identifying information of the individual after access has been granted to the material.
Private right of action: A minor or a minor’s parent or guardian whose minor was allowed access to the material or any person whose identifying information is retained in violation of this section may bring an action to recover actual damages, equitable or declaratory relief, reasonable attorney’s fees and litigation costs.
Child Sexual Abuse Material (CSAM) Prevention Act, LB 383
Effective dates:
Individuals: A person who knowingly possesses with intent to rent, sell, deliver, distribute, trade, or provide to any person any child sexual abuse material; any person who knowingly makes, directs, creates, or in any manner generates any child sexual abuse material.
Social Media Companies (covered under the Online Safety portion of the law – see Parental Rights in Social Media Act.
Material in Scope: expanded definition of Child sexual abuse material, which is any visual depiction of sexually explicit conduct that:
(a) depicts a person with identifiable physical features of a child as a participant or portrayed observer, regardless of whether the visual depiction is obscene; or
(b) depicts a person with identifiable physical features of a child as a participant or portrayed observer, regardless of whether the visual depiction is obscene; or
(c) is obscene and depicts a person or a computer-generated person as a participant or portrayed observer, and such person: (i) is a child; (ii) would appear to a reasonable person to be a child; or (iii) is depicted with physical features of a child.
Age Verification required by Social Media Companies per the Parental Rights in Social Media portion of the law.
N/A
Felony conviction and forfeiture; repeat offenders face enhanced penalties
Conversational Artificial Intelligence Safety Act, LB 525
Effective date:
July 1, 2027
Applies to:
Conversational artificial intelligence service means an Ai software application, web interface, or computer program that is accessible to the general public and that primarily simulates human conversation and interaction through textual, visual, or aural communications.
Does not include an application, web interface, or computer program that is any of the following:
(i) Primarily designed and marketed for use by developers or researchers;
(ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service;
(iii) Designed to provide outputs relating to a narrow and discrete topic;
(iv) Primarily designed and marketed for commercial use by business entities;
(v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device;
(vi) Used by a business solely for internal purposes; or
(vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business’s customer service.
[ALL USERS] If a reasonable person interacting with a conversational artificial intelligence service would be misled to believe that the person is interacting with a human, an operator shall clearly and conspicuously disclose that the conversational artificial intelligence service is artificial intelligence.
[FOR MINORS] Clearly and conspicuously disclose that the minor is interacting with Ai (a) as a persistent visible disclaimer, or (b) both at the beginning of each session and appearing every 3 hours in a continuous conversational interaction.
Operator shall adopt a protocol for the conversational Ai service to respond to user prompts regarding suicidal ideation or self-harm that includes, but is not limited to, making reasonable efforts to provide a response to the user that refers them to crisis service providers such as a suicide hotline, crisis text line, or other appropriate crisis services.
Operator shall not knowingly and intentionally cause or program the Ai service to make any representation or statement that explicitly indicates that the conversational AI service is designed to provide professional mental or behavioral health case.
For minors under 18:
1 Shall not provide minor with points or rewards at unpredictable intervals with intent to encourage increased engagement
2. Institute reasonable measures to prevent the AI service from producing visual depictions of sexually explicit conduct; generating direct statements that the minor should engage in sexually explicit conduct, or generating statements that sexually objectify the accountholder.
3. Institute reasonable measures to prevent appearance the user is interacting with a human, including explicit claims the bot is sentient or human; statements that simulate emotional dependence or romantic or sexual innuendo, or role-playing of adult-minor romantic relationships
4. Offer tools for minors and parents (for minors <13) to manage privacy and account settings.
Enforceable by the AG.
Violations may be subject to:
– civil penalties of at least $1,000 per violation, but no more than $500,000 per operator
– actual damages,
– preliminary or equitable declaratory relief,
– reasonable costs and expenses
No private right of action.
U.S. states are passing legislation to protect children’s online safety at a rapid pace, from novel legislation aimed at protecting minors on social media, gaming platforms and other online services, to providing teens additional consent rights and data protections, and protecting minors from harmful content. Below is a state-by-state law tracker to help businesses stay informed and navigate the evolving online safety legislative landscape. The tracker provides a bird’s-eye view of the various state online safety, privacy and harmful content laws that have passed, along with their effective dates, scope, key requirements, penalties and more. We will update the tracker periodically to reflect new legislation and key changes to existing laws.
Click on individual states to explore.
Last updated August 31, 2026
Information is only shown for states with defined laws to-date.
Please note that these laws are in flux and subject to change; additional details in the statutes, other sources of interpretation, and local laws in cities and counties may also apply.
We help clients navigate the risks of child and student data collection and use by designing age-appropriate features and tools to ensure user safety and manage legal and reputational concerns.