AUSTIN, Texas—Today, the Computer & Communications Industry Association (CCIA) and NetChoice sued Texas in the U.S. District Court for the Western District of Texas to stop HB 18, defend constitutional rights, keep kids—and all Texans—safe online, and protect parental rights.
Lawmakers in Texas have unfortunately erred in joining a growing chorus of states that are passing internet age-gating laws that fail families online. HB 18 violates Texans’ fundamental rights, creates a disaster for their online privacy and security, and replaces parents with government bureaucrats.
“The law restricts all Texans’ ability to access and engage in protected speech online by requiring them to hand over their sensitive, personal data first. This is not only unconstitutional, it’s bad policy, and NetChoice is joining CCIA again on a new lawsuit in Texas to stop it,” said Chris Marchese, Director of the NetChoice Litigation Center. “The law also puts all Texans—especially children—at a seriously increased risk for exploitation and abuse for cyberattacks from hackers and criminals. Parents and guardians—not politicians—should be in charge of their families.”
Parents and guardians, not government bureaucrats, should be in charge of their children, both on and offline. They need real solutions, not unconstitutional laws that make problems worse. Texas HB 18 is bad policy and bad law, and we look forward to halting it with CCIA.
NetChoice has successfully obtained injunctions against four other states for similar laws that create an age-gate for digital services, violating user privacy and stifling the free exchange of ideas. These states include California, Arkansas, Ohio and Mississippi.
Texas, similarly to Mississippi, requires websites to block overly broad, vague speech categories, forcing online businesses to censor speech with unclear compliance standards. The District Court judge in Mississippi found that law’s similar provisions to be vague and deny citizens a constitutionally-protected interest.
Further, by forcing all websites to identify users, every digital service in Texas will need to collect more data and information on their users, including children—putting them at further risk for cybersecurity breaches. This comes at a time when the federal government and state governments have suffered multiple, massive data breaches by malicious actors this year alone. The government requiring companies to collect sensitive data will make them a prime target for hacks from cybercriminals and predators, making the internet less safe for all Texans—especially minors.
Crucially, the government strips parents and guardians of their role and authority to determine their family’s online experience. No one child is the same, and a one-size-fits-all rule like HB 18 will not protect a single child. Parents and guardians are the most appropriately positioned to parent their children.
Learn more about CCIA & NetChoice v. Paxton here. Please contact press@netchoice.org with inquiries.