California's Child Internet Protection Law Partially Upheld by Appeals Court
Federal appeals court narrows injunction on California's internet child protection law, agreeing part likely unconstitutional. NetChoice's challenge leads to reassessment of the Age-Appropriate Design Code Act.
A federal appeals court has modified an injunction that previously blocked California from implementing a law designed to safeguard children's online experiences. The 9th U.S. Circuit Court of Appeals determined that a portion of the California Age-Appropriate Design Code Act would likely be found unconstitutional, while setting aside the remainder of the preliminary injunction.
The court concurred with NetChoice, a trade association representing major tech companies, that the law's requirement for businesses to assess and mitigate potential risks to children from harmful online content likely infringes upon First Amendment rights. NetChoice's membership includes industry giants such as Amazon.com, Alphabet's Google, Meta Platforms, and ByteDance's TikTok.
However, the appeals court criticized the initial judge's evaluation of NetChoice's other objections and the law's potential viability without the unconstitutional elements. This decision prompts a reassessment of the law's remaining provisions.
The California Age-Appropriate Design Code Act mandated that online platforms evaluate potential harm to children before launching new products or services. This legislation reflects growing concerns about online privacy and child protection, issues that have gained prominence since the internet's widespread adoption.
"We are pleased that the court recognized the First Amendment concerns with California's law, but disappointed that other aspects of the injunction were lifted."
The case highlights the ongoing challenge of balancing internet regulation with freedom of expression. Since the enactment of the Children's Online Privacy Protection Act (COPPA) in 1998, lawmakers have grappled with evolving digital landscapes and their impact on younger users.
As the most populous state in the U.S., California's legislative actions often set precedents for other states. The concept of "age-appropriate design" in digital services has gained traction globally as a means of protecting children online.
This legal development occurs against the backdrop of increasing scrutiny of tech companies' practices regarding user data and content moderation. The outcome of this case could have far-reaching implications for how online platforms operate and interact with younger users across the United States.
