Federal judge blocks California law to protect children online, cites 1st Amdt

IN CALIFORNIA… A FEDERAL JUDGE BLOCKS A NEW LAW – MEANT TO PROTECT CHILDREN ON THE INTERNET.

DUBBED THE “CALIFORNIA AGE-APPROPRIATE DESIGN CODE ACT”, THE LAW – WHICH UNANIMOUSLY PASSED CALIFORNIA’S STATE LEGISLATURE LAST SEPTEMBER AND IS SET TO GO INTO EFFECT NEXT SUMMER–  RESTRICTS BUSINESSES AND BIG TECH PLATFORMS’ ABILITY TO COLLECT DATA ON ANYONE UNDER THE AGE OF 18.

IT ALSO REQUIRES BUSINESSES TO VERIFY A USER’S AGE BEFORE ALLOWING ACCESS TO THEIR SITE, SAYS APPS MUST ENFORCE THE HIGHEST PRIVACY STANDARDS FOR KIDS AND TEENS, ANDFORCES PLATFORMS – TO ASSESS WHETHER THEIR ONLINE PRODUCTS OR SERVICES COULD HARM CHILDREN.

EACH INTENTIONAL VIOLATION IS SUBJECT TO CIVIL PENALTIES OF UP TO 75 HUNDRED DOLLARS ($7,500).

THE TRADE GROUP “NETCHOICE” –WHICH INCLUDES GOOGLE, META, AMAZON AND TIKTOK – SUED TO BLOCK THE BILL FROM GOING INTO EFFECT ON JULY 1, 2024… SAYING THE BILL WOULD PRESSURE PRIVATE COMPANIES INTO BECOMING “ROVER CENSORS” OF CONTENT THAT THE STATE DEEMS HARMFUL.

[TAKE GFX: “Putting aside for the moment the issue of whether the government may shield children from such content—and the Court does not question that the content is in fact harmful—the Court here focuses on the logical conclusion that data and privacy protections intended to shield children from harmful content, if applied to adults, will also shield adults from that same content.” -JUDGE BETH LABSON FREEMAN OS THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA]

THE JUDGE GRANTED THE PRELIMINARY INJUNCTION – SAYING THAT THE CALIFORNIA BILL “LIKELY VIOLATES THE FIRST AMENDMENT” OF THE U-S CONSTITUTION WRITING:

“Putting aside for the moment the issue of whether the government may shield children from such content—and the Court does not question that the content is in fact harmful—the Court here focuses on the logical conclusion that data and privacy protections intended to shield children from harmful content, if applied to adults, will also shield adults from that same content.”

AND THAT ADULTS WOULD BE REDUCED TO “READING ONLY WHAT IS FIT FOR CHILDREN.”

THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) – WHICH WENT INTO EFFECT IN 1998 – ALREADY “LIMITS THE ABILITY OF ONLINE PROVIDERS TO COLLECT PERSONAL INFORMATION FROM CHILDREN.”

CURRENTLY – SEVERAL STATES ARE CONSIDERING AND VOTING ON SIMILAR CONTENT MODERATION BILLS… INCLUDING NEW YORK, MINNESOTA, OHIO AND TEXAS.

AND LAST MONTH — A FEDERAL JUDGE IN TEXAS TEMPORARILY BLOCKED THE STATE FROM ENFORCING A LAW – THAT WOULD’VE REQUIRED PORNOGRAPHY SITES TO ENACT AGE VERIFICATION FOR THEIR CONTENT – MAKING SURE VISITORS TO THEIR SITES ARE AT LEAST 18 YEARS OLD. THE JUDGE RULED – THE LAW VIOLATED THE FIRST AMENDMENT CLAIMING THE LAW WOULD DETER “ADULTS’ ACCESS TO LEGAL SEXUALLY EXPLICIT MATERIAL, FAR BEYOND THE INTEREST OF PROTECTING MINORS.”

MEANWHILE – THE BIDEN ADMINISTRATION ASKED THE SUPREME COURT REVIEW LAWS IN FLORIDA AND TEXAS THAT RESTRICT SOCIAL MEDIA PLATFORMS FROM MODERATING CONTENT POSTED TO THEIR SITES.