Chapter 86, TELECOMMUNICATIONS AND TECHNOLOGY
516 sections in this chapter.
Neb. Rev. Stat. § 86-165 Sale of exchange; application; notice; commission; considerations; order.
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(1) A telecommunications company that proposes to sell any exchange owned by the company shall submit an application to the commission on a form provided by the commission for approval of the sale. Within twenty days after receipt of the application, the commission shall publish …
Neb. Rev. Stat. § 86-166 Broadband Data Improvement Program; purpose; commission, powers and duties.
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(1) To ensure that the State of Nebraska is accurately represented in federal broadband grant programs, including grants from the federal Universal Service Fund, the Broadband Data Improvement Program is created. The Broadband Data Improvement Program shall be administered by the…
Neb. Rev. Stat. § 86-1701 Act, how cited.
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Sections 86-1701 to 86-1705 shall be known and may be cited as the Parental Rights in Social Media Act.
Neb. Rev. Stat. § 86-1702 Terms, defined.
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For purposes of the Parental Rights in Social Media Act: (1) Account holder means a person who, on or after July 1, 2026, creates an account or profile on a social media platform; (2) Content includes a text, an image, or a video; (3) Digitized identification card means a data fi…
Neb. Rev. Stat. § 86-1703 Social media company; social media platform; account holder; minors; restrictions; age verification; parental consent.
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(1)(a) Except as provided in subsection (2) of this section, a social media company shall not permit a minor to become an account holder. A social media platform shall use a reasonable age verification method to verify the age of an individual seeking to become an account holder …
Neb. Rev. Stat. § 86-1704 Civil action; damages.
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(1) A person aggrieved by a violation of section 86-1703 may bring a civil action against the social media company or third-party vendor which engaged in the violation to recover such relief as may be appropriate. (2) In an action under this section, appropriate relief includes: …
Neb. Rev. Stat. § 86-1705 Enforcement; penalty.
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The Attorney General shall enforce the Parental Rights in Social Media Act and may impose a penalty of up to two thousand five hundred dollars per violation. All penalties collected pursuant to this section shall be remitted to the State Treasurer for distribution in accordance w…
Neb. Rev. Stat. § 86-1801 Conversational Artificial Intelligence Safety Act, how cited.
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Sections 86-1801 to 86-1807 shall be known and may be cited as the Conversational Artificial Intelligence Safety Act.
Neb. Rev. Stat. § 86-1802 Terms, defined.
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For purposes of the Conversational Artificial Intelligence Safety Act: (1) Account holder means an individual who has, or opens, an account or profile to use a conversational artificial intelligence service; (2)(a) Conversational artificial intelligence service means an artificia…
Neb. Rev. Stat. § 86-1803 Operator; requirements related to minor account holders.
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(1) An operator shall clearly and conspicuously disclose to each minor account holder that such minor account holder is interacting with artificial intelligence: (a) As a persistent visible disclaimer; or (b) Both: (i) At the beginning of each session; and (ii) Appearing at least…
Neb. Rev. Stat. § 86-1804 Conversational artificial intelligence service; disclosure required, when.
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If a reasonable person interacting with a conversational artificial intelligence service would be misled to believe that the person is interacting with a human, an operator shall clearly and conspicuously disclose that the conversational artificial intelligence service is artific…
Neb. Rev. Stat. § 86-1805 Conversational artificial intelligence service; suicidal ideation or self-harm; protocol.
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An operator shall adopt a protocol for the conversational artificial intelligence service to respond to user prompts regarding suicidal ideation or self-harm that includes, but is not limited to, making reasonable efforts to provide a response to the user that refers them to cris…
Neb. Rev. Stat. § 86-1806 Conversational artificial intelligence service; representation or statement regarding mental or behavioral health care; prohibited.
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An operator shall not knowingly and intentionally cause or program a conversational artificial intelligence service to make any representation or statement that explicitly indicates that the conversational artificial intelligence service is designed to provide professional mental…
Neb. Rev. Stat. § 86-1807 Attorney General; enforcement authority; liability limitation.
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(1) The Attorney General may enforce the Conversational Artificial Intelligence Safety Act. (2)(a) The Attorney General may bring a civil action for appropriate relief against an operator for a violation of the Conversational Artificial Intelligence Safety Act, on behalf of the S…
Neb. Rev. Stat. § 86-2,100 Pen register; trap-and-trace device; court order.
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(1) Upon an application made under section 86-299, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap-and-trace device within the jurisdiction of the court if the court finds that the investigative or law enforcement officer h…
Neb. Rev. Stat. § 86-2,101 Pen register; trap-and-trace device; installation.
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(1) Upon the request of an investigative or law enforcement officer authorized to install and use a pen register under sections 86-298 to 86-2,101, a provider, landlord, custodian, or other person shall furnish such investigative or law enforcement officer forthwith all informati…
Neb. Rev. Stat. § 86-2,102 Satellites; prohibited acts; penalty.
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(1) Any person who, without the authority of the satellite operator, intentionally or maliciously interferes with the authorized operation of a communications or weather satellite or obstructs or hinders any satellite transmission is guilty of a Class IV felony. (2) This section …
Neb. Rev. Stat. § 86-2,103 Mobile tracking device; use.
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(1) A district court may issue a warrant or other order for the installation of a mobile tracking device, and such order may authorize the use of that device within the jurisdiction of the court and outside that jurisdiction if the device is installed in that jurisdiction. (2) Fo…
Neb. Rev. Stat. § 86-2,104 Electronic communication service; unauthorized access; penalty.
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(1) Except as provided in subsection (3) of this section, any person who (a) intentionally accesses without authorization a facility through which an electronic communication service is provided or (b) intentionally exceeds an authorization to access the facility and thereby obta…
Neb. Rev. Stat. § 86-2,105 Electronic communication service; disclosure.
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(1) Except as provided in subsection (2) of this section, (a) a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by the service and (b) a pe…
Neb. Rev. Stat. § 86-2,106 Electronic communication service; remote computing service; disclosure; government access.
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(1) A governmental entity may require the disclosure by a provider of electronic communication service of the contents of an electronic communication, that is in electronic storage in an electronic communications system for one hundred eighty days or less, only pursuant to a warr…
Neb. Rev. Stat. § 86-2,107 Remote computing service; court order for government access.
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(1)(a) A governmental entity acting under subsection (2) of section 86-2,106 may include in its subpoena or court order a requirement that the provider to whom the request is directed create a backup copy of the contents of the electronic communications sought in order to preserv…
Neb. Rev. Stat. § 86-2,108 Electronic communication service; remote computing service; notification requirements.
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(1)(a) A governmental entity acting under subsection (2) of section 86-2,106 shall (i) when a court order is sought, include in the application a request, which the court shall grant, for an order delaying the notification required under such subsection for a period not to exceed…
Neb. Rev. Stat. § 86-2,109 Electronic communication service; remote computing service; reimbursement for costs; when.
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(1) Except as otherwise provided in subsection (3) of this section, a governmental entity obtaining the contents of communications, records, or other information under sections 86-2,104 to 86-2,110 shall pay to the person or entity assembling or providing such information a fee f…
Neb. Rev. Stat. § 86-2,110 Electronic communication service; remote computing service; civil action authorized; damages; limitation.
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(1) Except as provided in subsection (5) of section 86-2,106, any provider, subscriber, or customer aggrieved by any violation of sections 86-2,104 to 86-2,110 in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civi…
Neb. Rev. Stat. § 86-2,111 Interception; grand jury procedure.
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(1) If the Attorney General or any county attorney reasonably determines that the testimony of any witness or the production of books, papers, or other evidence by any witness is necessary to the public interest in any proceeding before the grand jury of the district court of the…
Neb. Rev. Stat. § 86-2,112 Attorney General or county attorney; discovery; additional order limiting notification.
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(1) The Attorney General or any county attorney may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of records including books, papers, documents, and tangible things which constitute or contain evidence…
Neb. Rev. Stat. § 86-2,113 Interception; subpoena.
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A subpoena of the Attorney General or a county attorney may be served by any person designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him or her. Service may be made upon a domestic or foreign corporation, up…
Neb. Rev. Stat. § 86-2,114 Interception; subpoena; enforcement.
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(1) If any person refuses to obey a subpoena issued to such person, the Attorney General or a county attorney may invoke the aid of any court of the State of Nebraska within the jurisdiction of which the investigation is carried on or of which the subpoenaed person is an inhabita…
Neb. Rev. Stat. § 86-2,115 Interception; use as evidence.
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No part of the contents of any intercepted wire or oral communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, …
Neb. Rev. Stat. § 86-2,116 Diversion of service; provisions applicable.
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(1) In addition to any other criminal procedure and penalty provided by law, any person who unlawfully diverts or interferes with telecommunications service may be subject to sections 28-515.01, 28-515.02, 28-519, 28-1311, and 76-2325.01. (2) In addition to any other civil proced…
Neb. Rev. Stat. § 86-2,117 Telecommunications service or IP-enabled voice service; prohibited acts; penalty; appeal.
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(1) This section shall be known and may be cited as the Neighbor Spoofing Protection Act. (2) No person shall, in connection with any telecommunications service or IP-enabled voice service, cause any caller identification service to knowingly transmit misleading or inaccurate cal…
Neb. Rev. Stat. § 86-201 Act, how cited.
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Sections 86-201 to 86-211 shall be known and may be cited as the Telephone Consumer Slamming Prevention Act.
Neb. Rev. Stat. § 86-202 Statement of policy.
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It is the policy of this state to ensure that all subscribers are protected from the unauthorized switching of a telecommunications company selected by the subscriber to provide telecommunications service.
Neb. Rev. Stat. § 86-203 Definitions, where found.
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For purposes of the Telephone Consumer Slamming Prevention Act, the definitions found in the Nebraska Telecommunications Regulation Act apply.
Neb. Rev. Stat. § 86-204 Act; applicability.
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Except as provided in section 86-124, the Telephone Consumer Slamming Prevention Act shall apply to all telecommunications companies providing basic local exchange service, intra-LATA interexchange service, inter-LATA interexchange service, and any other telecommunications servic…
Neb. Rev. Stat. § 86-205 Change in service; requirements.
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(1)(a) Except as provided in subsection (2) of this section, no telecommunications company shall submit on behalf of a subscriber a change of the subscriber's provider of basic local exchange service, intra-LATA interexchange service, or inter-LATA interexchange service without: …
Neb. Rev. Stat. § 86-206 Change in service; confirmation.
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Within thirty days after a subscriber changes his or her authorized provider of basic local exchange service, intra-LATA interexchange service, or inter-LATA interexchange service, the new authorized service provider shall provide to such subscriber written confirmation of such c…
Neb. Rev. Stat. § 86-207 Unauthorized change in service; claim procedures.
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(1) Nothing in the Telephone Consumer Slamming Prevention Act shall preclude a subscriber from electing to resolve an unauthorized change of service directly with the unauthorized telecommunications company. If the subscriber is unsatisfied with the resolution from the unauthoriz…
Neb. Rev. Stat. § 86-208 Unauthorized change; corrective action authorized.
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If the commission finds that a telecommunications company has violated section 86-205, the commission shall order the telecommunications company to take corrective action as necessary and consistent with 47 C.F.R. 64.1150, as such regulation existed on January 1, 2002, and rules …
Neb. Rev. Stat. § 86-209 Violations; penalties; appeal.
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(1) Notwithstanding section 75-156, the commission may, after hearing, impose an administrative penalty for a violation of the Telephone Consumer Slamming Prevention Act. The penalty for a violation shall not exceed two thousand dollars. Every violation associated with a specific…
Neb. Rev. Stat. § 86-210 Rules and regulations.
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The commission shall adopt and promulgate competitively neutral rules and regulations necessary to implement the Telephone Consumer Slamming Prevention Act, including rules and regulations that: (1) Ensure that subscribers are protected from deceptive practices in the obtaining o…
Neb. Rev. Stat. § 86-211 Unauthorized additional services; provider; duties.
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(1) No telecommunications company shall initiate or bill additional telecommunications services not required by the commission to be offered and for which the subscriber did not explicitly request or subscribe. The providing telecommunications company shall initiate a refund of a…
Neb. Rev. Stat. § 86-212 Act, how cited.
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Sections 86-212 to 86-235 shall be known and may be cited as the Telemarketing and Prize Promotions Act.
Neb. Rev. Stat. § 86-213 Definitions, where found.
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For purposes of the Telemarketing and Prize Promotions Act, the definitions found in sections 86-214 to 86-223 apply.
Neb. Rev. Stat. § 86-214 Consumer, defined.
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Consumer means an actual or prospective purchaser, lessee, or recipient of consumer goods or services bought primarily for use for personal, family, or household purposes.
Neb. Rev. Stat. § 86-215 Consumer goods or services, defined.
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Consumer goods or services means any tangible personal property, merchandise, or services normally used for personal, family, or household purposes and not for resale or for use or consumption in trade or business.
Neb. Rev. Stat. § 86-216 Consumer telephone call, defined.
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Consumer telephone call means a telephone call made by a seller for the purpose of soliciting a sale of any consumer goods or services to the person called, for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpos…
Neb. Rev. Stat. § 86-217 Prize, defined.
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Prize means anything offered, or purportedly offered, and given, or purportedly given, to a person by chance. Prize does not include an item offered in a promotion for a book, recording, video, multimedia, or similar club in compliance with 16 C.F.R. part 425, as such regulations…
Neb. Rev. Stat. § 86-218 Prize promotion, defined.
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Prize promotion means (1) a sweepstakes or other game of chance or (2) an oral or written express or implied representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize.