Court Halts California's Age-Appropriate Design Code Act as Likely Unconstitutional
In a significant legal development, the United States District Court for the Northern District of California has granted a preliminary injunction, halting the enforcement of California's Age-Appropriate Design Code Act (CA AADC), also known as AB 2273. This move comes after NetChoice, a trade association representing internet companies, challenged the Act's constitutionality.
The CA AADC, set to come into effect on July 1, 2024, imposes stringent requirements on businesses offering online services, products, or features likely to be accessed by children under 18. It mandates a Data Protection Impact Assessment (DPIA) and a 'timed plan to mitigate or eliminate' identified risks. The Act also outlines provisions for age estimation, default privacy settings, and restrictions on using children's personal data.
The court reviewed ten provisions of the CA AADC and held that they likely violate the First Amendment. The Act's broad prohibitions and obligations, including the requirement to regulate speech and content, led the court to apply the intermediate scrutiny standard for commercial speech. The court found that the Act's provisions likely infringe on businesses' freedom of speech.
The preliminary injunction took effect immediately, preventing the enforcement of the CA AADC. This decision highlights the ongoing debate surrounding online privacy, free speech, and the regulation of internet companies. The case will continue, with both sides presenting their arguments in the coming months.
