Motion to dismiss denied November 2025; leave to file a second amended complaint adding a Commerce Clause claim granted July 7, 2026. That procedural order did not enjoin the law.
Maryland Kids Code (HB 603)
BadLawMaryland HB 603 (2024)
Maryland, United StatesHigh threat
Maryland, United StatesHigh threatIn force; NetChoice challenge moving ahead
- Introduced
- Passed House
- Passed Senate
- Became Law
Stage 4 of 4: Became Law
Maryland's copy of California's design code has been in force since 2024 while NetChoice tries to kill it in court.
Latest update
Court granted leave to file a second amended complaint adding a Commerce Clause claim
Take action
Learn about the issue and how to make your position known.
Take action on this issueWhat it does
Online services reasonably likely to be accessed by anyone under 18 must complete data protection impact assessments (the first were due April 1, 2026), set high privacy by default, and design their products in the best interests of children. It took effect October 1, 2024. NetChoice sued in February 2025 on First Amendment and preemption grounds; the court denied Maryland's motion to dismiss on November 24, 2025, and on July 7, 2026, the court granted NetChoice’s April request to add a Commerce Clause claim in a second amended complaint. There is no injunction, so the law applies now.
What’s at stake
California's version of this law got enjoined. Maryland's is the live test of whether a redrafted design code survives the First Amendment, and every state considering a kids code is watching this docket.
Our take
Reasonably likely to be accessed by minors describes most of the internet, and best interests of children means whatever a regulator decides it means. To know which users get the child treatment, every covered site has to estimate every visitor's age. The privacy law makes the sites watch you more closely.
Timeline
Court granted leave to file a second amended complaint adding a Commerce Clause claimLatest
First data protection impact assessments due
Court denied Maryland's motion to dismiss the NetChoice challenge
Took effect
Votes
- House — Third reading (135 to 0) · March 14, 2024
- Senate — Third reading (47 to 0) · April 3, 2024
Legal challenges
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