Federal Court Temporarily Blocks California's Age-Appropriate Design Code Act
A federal court has temporarily blocked California's Age-Appropriate Design Code Act (CA AADC), following a motion by NetChoice, LLC. The court ruled that the law likely violates the First Amendment, halting its enforcement until further notice.
The CA AADC, set to take effect on July 1, 2024, mandates that businesses comply with its provisions or face civil penalties of up to $7,500 per affected child for intentional violations. The law applies to any business offering online services, products, or features likely to be accessed by children under 18.
The court's decision comes after it reviewed ten provisions of the CA AADC, finding that they likely infringe upon protected speech. The law requires businesses to complete a Data Protection Impact Assessment (DPIA) before offering new online services for children and outlines nine other provisions, including age estimation and default privacy settings.
The Computer & Communications Industry Association (CCIA) supported NetChoice's motion, filing an amicus brief along with several other organizations. The court agreed that the law's content-based restrictions on speech are subject to strict scrutiny and that the CA AADC is not the least restrictive means to protect children.
The preliminary injunction, granted by the United States District Court for the Northern District of California, prevents the enforcement of AB 2273, the California Age-Appropriate Design Code Act (CA AADC), until further legal proceedings. The court's decision highlights the ongoing debate surrounding online privacy laws and their potential impact on free speech.
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