Court Halts California's Age-Appropriate Design Code Act, Citing First Amendment Violations
NetChoice has successfully challenged the California Age-Appropriate Design Code Act (CA AADC) in court. The United States District Court for the Northern District of California granted a preliminary injunction, halting the enforcement of AB 2273. The court ruled that key provisions of the act likely violate the First Amendment.
The CA AADC, passed in 2021, aimed to protect children's online privacy. It imposed strict rules on businesses offering online services, including age estimation, default privacy settings, and restrictions on children's data use. Businesses were required to comply by July 1, 2024, with potential civil penalties of up to $7,500 per intentional violation.
NetChoice, a trade association representing internet companies, filed a lawsuit alleging violations of the First and Fourteenth Amendments. The court reviewed ten provisions and found that all likely infringed upon free speech. The court highlighted the importance of tailoring regulations to achieve their goals without suppressing constitutionally protected speech.
The court's ruling may have significant implications for other online safety and privacy laws in the U.S. and related legislative efforts. The preliminary injunction prevents California Attorney General Rob Bonta from enforcing the CA AADC until the case is fully resolved. The case underscores the delicate balance between protecting children's privacy and upholding free speech rights.
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