On behalf of our member companies that make NJBIA the largest and most impactful association representing job creators in New Jersey, we write regarding A-4015/S-3413, the New Jersey Kids Code Act, and respectfully request consideration of a clarifying amendment to the bill's definition of "online service."
NJBIA appreciates the sponsors' continued engagement with stakeholders throughout the legislative process and their efforts to ensure the legislation remains focused on addressing concerns related to social media platforms and their interactions with minors. Throughout our discussions regarding this legislation, it has been consistently communicated that the bill's intent is to target social media companies rather than internet-based service providers or other technology companies that do not operate social media platforms.
Our member companies have engaged directly with the Governor's Office regarding this legislation and were encouraged to hear that the Administration shares this understanding of the bill's intended scope. We appreciate the work that has already been done to ensure the legislation remains narrowly tailored to address the specific concerns that gave rise to the bill.
To further reflect that shared intent, NJBIA is proposing a targeted amendment to the definition of "online service." As currently drafted, the definition may be interpreted broadly enough to encompass businesses and services that were never intended to be regulated under this legislation. While these companies may provide internet-based services, they do not function as social media platforms and do not present the same policy considerations that the legislation seeks to address.
Our proposed amendment would provide greater certainty by ensuring that non-social media-based technology businesses are not accidentally captured in the bill's definitions. This clarification would help ensure that obligations are directed toward social media companies, which is the focus of the legislation, while avoiding unintended consequences for businesses operating outside that scope.
Important to mention, this amendment does not change the intent of the New Jersey Kids Code Act. We understand that enactment of this legislation remains a priority this legislative session and share the goal of providing clarity as the bill moves toward final consideration.
We respectfully request your consideration of the attached amendment language and would welcome the opportunity to discuss it further. Thank you for your time and continued engagement on this issue.
If you have any questions, please contact me at jramirez@njbia.org.
“Online service” means a service, product, or feature that is accessible to the public via the Internet. [“Online service” includes a website or application.] that: displays content that is primarily generated by account holders and not by the online service; has account holders in this State, and which service, product, or feature allows account holders to construct a public or semi-public profile for the purposes of using the service.
“Online service” does not include:
- a telecommunications service as that term is defined in 47 U.S.C. s.153;
- a broadband internet access service as that term is defined in 47 C.F.R. s.8.1;
- an email or direct messaging provider;
- d. the sale, delivery, or use of a physical device.
