Arkansas lawmakers are moving forward with revised privacy legislation that reshapes protections related to biometric data and digital identity verification, following a federal court decision that struck down the state’s earlier social media age verification law. The newly proposed Senate Bill 611 seeks to address constitutional issues flagged by the court while maintaining safeguards for minors online.
The legislation comes in the wake of a March 31, 2025 ruling by U.S. District Judge Timothy L. Brooks, who permanently blocked Act 689, the Social Media Safety Act. The court found that the law violated First Amendment protections and was unconstitutionally vague. Judge Brooks specifically criticized the law for being overly broad, noting that it could restrict access to entire platforms without effectively targeting harmful content, thereby chilling free speech online.
To address those concerns, SB 611 makes several key changes: it lowers the protected age threshold from 18 to 16; expands the legal definition of covered social media platforms; and prohibits algorithmic targeting of minors. The bill also restricts its provisions to newly created accounts and introduces financial penalties for noncompliance. Additionally, SB 611 emphasizes the use of “reasonable age verification” methods—such as biometric data or digital IDs—while attempting to avoid the constitutional pitfalls that derailed Act 689.
The revised legislative package includes a companion measure, Senate Bill 612, which creates a private right of action for parents. Under this provision, parents can sue social media platforms if their children suffer harm, such as mental health issues or self-harm, due to exposure to harmful online content. Each violation may result in civil penalties of up to $10,000, further incentivizing platforms to moderate content and enforce age restrictions.
The effort is part of a broader strategy by Arkansas to modernize its digital governance systems. The state recently launched digital driver’s licenses and mobile state IDs, signaling a coordinated move toward integrated digital identity solutions. SB 611 builds on this infrastructure by enabling biometric and digital verification for age-gated online services while mandating safeguards around data use, retention, and destruction.
NetChoice, the trade association that successfully challenged Act 689, welcomed the federal ruling. “This ruling protects Americans from having to hand over their IDs or biometric data just to access constitutionally protected speech online,” said Chris Marchese, NetChoice’s litigation director. The organization has opposed similar legislation across multiple states, including California, Utah, and Florida, arguing that age verification mandates often lead to overcollection of sensitive personal data and deter lawful online activity.
SB 611 also includes provisions governing the use of AI systems, with those rules set to take effect on July 1, 2026. The rest of the law would go into effect on January 1, 2026, giving platforms and enforcement agencies time to implement the new requirements. The bill’s authors have framed it as a more narrowly tailored response to growing concerns about children’s exposure to harmful content, while preserving constitutional rights.
Arkansas joins a growing number of states pursuing legislation aimed at regulating minors’ access to social media. Utah, Louisiana, Texas, and Florida have passed similar laws requiring platforms to verify users’ ages and obtain parental consent for minors. However, many of these laws face legal challenges from advocacy groups and industry associations, suggesting that the battle over age verification and biometric data use is far from settled.
Sources: MLex, Arkansas House of Representatives
—
April 4, 2025 – by Ji-seo Kim
