The California legislature is on track to pass tough online privacy rules for kids this week, and the state is once again pushing the federal government aside in internet regulation.
Important reasons: The rules set by California could spur copycat laws in other states and prompt Congress to enact similar national laws.
what’s happening: Proposition AB2273, California-era Good Design Code, passed the state Senate and Congress this week and is ready to move to Governor Gavin Newsom’s desk for signature.
- Newsom has not publicly commented on the bill. He recently rolled out a new plan aimed at increasing access to mental health services for Californian youth.
detail: California’s proposal is similar to new rules passed in the UK last year. It governs how technology companies target children with push notifications, request message control, and offer other features aimed at keeping minors safe online. .
- The bill includes hefty fines for violations and is entrusted to the California Attorney General. One win for the tech industry is an amendment that gives potential offenders a 90-day “healing” period before they can be fined.
California bill target Online services “likely to be accessed by children” under the age of 18.
- Industry officials have tried to lower that age, but to no avail.
- COPPA, the US law governing children’s online privacy, specifically applies to sites directed to children and protects children under the age of 13.
What they say: “While this bill has improved, we remain concerned about unintended consequences in California and across the country,” Dylan Hoffman, TechNet’s California executive director, told Axios. TechNet represents technology companies such as Amazon, Apple, eBay, Google, Meta and Snap.
- “This is another reason why we need federal privacy laws that include universal standards to protect children online, instead of a patchwork of state laws that create confusion and compliance complexities for businesses,” Hoffman said. That’s one example,” he said.
- “We have been working with stakeholders, including industry representatives, throughout the legislative process to ensure that the bill is implemented,” said Nicole Rocha, a former privacy official for the California Legislature and now the California Legislative Privacy Officer. “We have made every effort to address their practical concerns without compromising the protections that we provide to young people.” AB 2273’s sponsor, the 5Rights Foundation’s Office of U.S. Affairs, told his Axios.
- An industry lobbyist familiar with the situation said the wording of the current bill, which is likely to become the final form of the bill, is not perfect, but is a “workable standard.” [companies] you can start thinking. ”
Opposite side: Opponents of the bill say age verification by “estimating the age of child users”, a key component of AB2273, is overly burdensome and invasive for users.
- “[AB2273] Building digital barriers across the internet for everyone. Kick some companies out of the industry entirely. It exposes everyone, including children, to greater privacy and security risks. Prevent vulnerable users from accessing sensitive information they need. Creates a chilling effect that discourages critical and whistleblower content. Shrink the internet for minors in California. It permanently puts minors in California at a professional disadvantage,” wrote Eric Goldman, a law professor at the University of Santa Clara School of Law, in his Aug. 22 op-ed.
in numbers: Technology and other groups are lobbying the 2021-22 California legislature on AB2273, according to state filings seen by Axios.
- Amazon spent $211,124 lobbying the California legislature in the sixth quarter of the 2021-22 session, including AB2273. Axios Amazon is particularly concerned about the impact of his AB2273, particularly its age component, according to sources familiar with the lobbying efforts surrounding the bill.
- TechNet has spent $458,428 on lobbying in California from 2021 to 2022, including AB2273. Also, in his 2021-22 California, including AB2273, TikTok spent his $37,500. The News Media Alliance spent $20,000. Snap spent $190,000. Google spent $47,000 and Twitter $16,000.
What’s next: The bill is expected to be voted on by the state Senate as early as Monday and passed through Congress soon thereafter. If Newsom signs, the law will go into effect on July 1, 2024.
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