Maryland passes two bills restricting technology platforms' ability to track users

Over the weekend, the Maryland General Assembly passed two bills restricting the ability of technology platforms to collect and use consumer data. Maryland Governor Wes Moore is scheduled to sign one of those bills, the Maryland Kids Code, on Thursday, MoCo360 reports.

The other bill, the Maryland Online Privacy Act, would go into effect in October 2025 if signed into law. The bill would limit platforms' ability to collect user data and allow users to opt out of having their data used for targeted advertising and other purposes.

Together, these bills would significantly limit the ability of social media and other platforms to track users, but tech companies such as Amazon, Google and Meta oppose similar bills. NetChoice, an industry group representing several big tech companies, argues that similar tech legislation violates the First Amendment. Maryland's bill is part of a larger legislative stream at both the state and federal levels. Lawmakers say their goal is to protect children, but technology companies say the bill is a threat to free speech. One such bill, the Kids Online Safety Act, has not received a vote in Congress, despite widespread support in the Senate.

Maryland's Age-Appropriate Design Provisions Act, which is part of the Maryland Children's Code, will go into effect as early as October 1st. This prohibits platforms from using system design features to increase, maintain, or extend the use of online products. This includes things like autoplaying media, rewarding users for spending more time on the platform, and sending spam notifications to users. Another part of the law prohibits certain video games, social media, and other platforms from tracking users under the age of 18.

The intent is to rein in some of the worst practices through sensible regulation that allows companies to do what's right and great when it comes to the Internet and innovation, while also reining in some of the worst practices through This means that you cannot take advantage of your own children. Solomon, one of the bill's sponsors, said at a press conference Wednesday.

NetChoice objected to an earlier version of the Maryland Kids Code. The bill's goals are laudable and supported by NetChoice, NetChoices Vice President and General Counsel Carl Szabo said in testimony last February. But that chosen measure imposes advance restrictions on online speech, erects barriers to the sharing and reception of constitutionally protected speech, and provides companies with only vague notices of what the law prohibits. It is unconstitutional in that it does not.

In his testimony, Mr. Szavos said NetChoice is pursuing an aggressive lawsuit against the state of California over a nearly identical age-appropriate design law that Gov. Gavin Newsom signed last year. The bill was scheduled to go into effect on July 1, 2024, but a federal judge temporarily blocked it in September after NetChoice filed a lawsuit against the bill. Judge Beth Freeman of the U.S. District Court for the Northern District of California said the law likely violates the First Amendment.

The Maryland General Assembly passed a revised version of the bill, rather than the one NetChoice originally opposed.

Solomon told The New York Times that technically America is the second state to pass a kids code. But we hope to be the first state to survive the inevitable court challenges we know are coming.

Sources 1/ https://Google.com/ 2/ https://www.theverge.com/2024/5/9/24152918/maryland-kids-code-online-privacy-act-netchoice The mention sources can contact us to remove/changing this article

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