S 3413 — "New Jersey Kids Code Act"; adopts New Jersey Age-Appropriate Design Code and requires certain online service providers to implement certain measures concerning minors' use of online service.*

S3413 1R SCS [First Reprint]   SENATE COMMITTEE SUBSTITUTE FOR SENATE, No.

Senators A.M.Bucco, Beach, MoriartyMoriarty, McKnight and McKnightTurner         SYNOPSIS      “New Jersey Kids Code Act”;

  CURRENT VERSION OF TEXT      SubstituteAs asreported adopted by the Senate LawBudget and PublicAppropriations SafetyCommittee Committee.on June 28, 2026, with amendments.

       3.    As used in P.L.    , c.    (C.        ) (pending before the Legislature as this bill):bill):       “Actual knowledge” is all information known to and inferences made by the covered online service provider relating to the age of an individual, including, but not limited to, the individual’s declared age, age flags, a commercially-reasonable and technically-feasible age assurance mechanism, and any age the covered online service provider has attributed or associated with the individual for any purpose, including marketing, advertising, or product development.

     “Actual knowledge” is all information known to and inferences made by the covered online service provider relating to the age of an individual, including, but not limited to, the individual’s declared age, age flags, a commercially-reasonable and technically-feasible age assurance mechanism, and any age the covered online service provider has attributed or associated with the individual for any purpose, including marketing, advertising, or product development.

     “Covered design feature” means a feature or component of an online service for which there is an associated risk of resulting compulsive use, including, but not limited to, features primarily1[primarily designed toto] that1 encourage or increase a user’s frequency, time spent, or activity on the online service.

     (3)   whose online services are reasonably likely to be accessed by a 1child or1 minor;

and      (4)   (a)  thatthat has annual gross revenue in excess of $25,000,000.  Beginning January 1, 2029, and every two years thereafter, the Department of the Treasury shall adjust the amount of annual gross revenue to reflect the percentage change in the Consumer Price Index;

or      (b)   1that1 annually processes the personal data of not less than 25,000 consumers or households;

or       or      b.    a person that controls or is controlled by a legal entity described in subsection a.

     1A “covered online service provider” does not include an entity that solely provides a direct messaging service or product.1      “Dark pattern” means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making, or choice and includes, but is not limited to, any practice the United States Federal Trade Commission refers to as a “dark pattern.”      “Minor” means an individual who is at least 13 years of age but less than 18 years of age.

     “Online service” means any1[any service, product, or feature provided over the Internet that collects, uses, stores, discloses, analyzes, deletes, or modifies the personal data of consumers.  “Online service” includes, but is not limited to, a website or application. application.] “Onlinea service”service doesor notproduct include: that:      (1) a.    is aaccessible “telecommunicationsto service,”the aspublic thatvia termthe isInternet; defined in 47 U.S.C.

(2) displays content that is generated by one or more account holders;

(3) has an account holder in this State;

and (4) allows account holders to interact with content associated with other individual account holders as a central feature of the service.1      “Online service” does not include:       a.     a “telecommunications service,” as that term is defined in 47 U.S.C.

or1[or]1      c.     the1an sale,email delivery,service; or use of a physical product.

or      d.1   the sale, delivery, or use of a physical product.

       4.    a.  A covered online service provider shall configure all default privacy settings for a covered child and covered minor to the highest level of privacy, including, but not limited to:       (1)   for a covered online service 1provider1 that uses an algorithmic recommendation system to select, recommend, or prioritize media or contacts between users:       (a)   not displaying the existence1[existence] content1 of a covered child’s or covered minor’s account to a covered adult unless the covered adult is the parent thereof, or the covered child or covered minor has expressly and unambiguously allowed the covered adult to view the covered child’s or covered minor’s account, or the covered child or covered minor has expressly and unambiguously chosen to make the covered child’s or covered minor’s account existence1[existence]1 public;

       8.    a.  A covered online service provider is not required to collect the personal data of a user to comply with the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

       9.    A covered online service provider shall provide a prominent and accessible mechanism for a covered child or covered minor to request that the covered child’s or covered minor’s account be unpublished or permanently deleted.  The mechanism shall require the same number or fewer steps than required for a covered child or covered minor to create an account on the covered online service provider.  A covered online service provider shall unpublish or1[or permanently delete, as appropriate,appropriate,]1 the covered child’s or covered minor’s account not later than 10 business days after submission of the request.request 1to unpublish and shall permanently delete the covered minor’s account not later than 45 calendar days after submission of the request to permanently delete1.

       11.  A covered online service provider shall provide a prominent and constant real-time signal to a covered child or covered minor when precise geolocation information is being collected or used or the online activity of that covered child or covered minor is being monitored by any individual, including a parent of the covered child or covered minor.

     1e.   The obligations of a covered online service provider pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall apply with respect to each online service provided by the covered online service provider.1        17.  This act shall take effect on the first day of the 13th month following the date of enactment.