The Computer & Communications Industry Association (CCIA) appeared before the New Hampshire House Judiciary Committee to voice concerns about SB 263. Although the bill is designed to enhance online safety for children, CCIA warns it may have negative effects on speech, innovation, and access to digital services.
CCIA acknowledges the importance of online protections for children but argues the broad and vague terms of SB 263 could lead to unintended consequences. The association is concerned that the bill's definitions could encompass services not meant for children, such as customer service bots and other automated systems.
In its testimony, CCIA highlighted that the bill's provisions might be prone to subjective interpretations, potentially infringing on minors' First Amendment rights by restricting their access to information and speech.
Concerns were also raised regarding the bill's introduction of a private right of action for parents, children, or a "next friend," which may lead to a surge of lawsuits. The undefined criteria for a "next friend" could allow misuse by unrelated parties, leading to legal ambiguities.
Megan Stokes, CCIA's State Policy Director, stated, "CCIA shares the goal of increasing online safety for children, but SB 263 as written raises serious constitutional and practical concerns. Its vague standards and broad scope risk suppressing lawful speech, restricting access to information, and exposing developers to abusive litigation. We urge lawmakers to consider more narrowly tailored approaches that both protect children and uphold constitutional rights."