Bill to protect children’s online privacy passes first committee

The Senate Tax, Business and Transportation Committee unanimously passed a bill that seeks to protect children’s privacy online. SB 319 endeavors to place safeguards into the online world that children venture through everyday. “The New Mexico Age Appropriate Design Code is a critical step in safeguarding our children’s online privacy that ensures they can navigate […]

Bill to protect children’s online privacy passes first committee

The Senate Tax, Business and Transportation Committee unanimously passed a bill that seeks to protect children’s privacy online.

SB 319 endeavors to place safeguards into the online world that children venture through everyday.

“The New Mexico Age Appropriate Design Code is a critical step in safeguarding our children’s online privacy that ensures they can navigate the digital world safely and appropriately,” bill sponsor Sen. George Muñoz said. “As a parent and a father I know firsthand knowledge of countless hours spent online by children whether school or entertainment. It’s a scary reality that our children are particularly vulnerable to privately see violations and other dangers when using online services. 

“That’s why the age appropriate design code is vital. It sets out specific requirements for online services to protect children’s privacy, such as disabling location tracking and data sharing to third parties,” Muñoz, a Democrat from Gallup, said.

The bill also seeks to prevent businesses from using personal information gathered from children that could harm the child’s psychologically, physically or mentally when the child uses a service, Muñoz said.

Muñoz introduced expert witness Nichole Rocha, the head of U.S. affairs for youth digital safety organization 5Rights Foundation.

“This still contains three elements that represent a true paradigm shift when it comes to how we look at tech,” Rocha said. “One, it defines children as under 18 years of age and, two, it applies to online products that are likely to be accessed by children rather than those directed at them.”

These products include social media platforms such as Instagram and TikTok.

“It would capture these places where we know children actually hang out instead of actually making Sesame Street safer, which we don’t need,” Rocha said. “It also requires protections by design and default, which is incredibly important…They don’t know how to activate these protections.”

Those opposed to the bill said they agreed with the spirit of it but were not enthusiastic with elements of the bill that could harm businesses.

One of those who spoke against the bill was Jason Weaks, a lobbyist for the Albuquerque Hispano Chamber of Commerce and the New Mexico Hospitality Association.

“We very much appreciate the intention of this legislation. We do think that it is important to protect children on the internet and regulate how they see the content that they ingest from the phone that they access from their parent or the tablet that they use to play games on,” Weaks said. “However, as drafted, we have some issues with this legislation because we think it’s going to be much broader. We think it’s going to apply to, as drafted, just about every website that we access on a daily basis.”

Weaks and others, including committee members, brought up the litigation involving similar legislation in California.

“In December, a tech industry trade group, NetChoice, whose members include Amazon, AOL, Google, Meta, and TikTok, filed a federal lawsuit to enjoin the California law on the basis the law violates the First Amendment, is unconstitutionally vague, and is preempted by the federal Child Online Privacy Protection Act (COPPA),” the bill’s Fiscal Impact Report states.

The bill’s next stop is the Senate Judiciary Committee.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…

GET INVOLVED

© 2023 New Mexico Political Report