California Attorney General Appeals Federal Court Ruling That Online Child Safety Act Is Likely Unconstitutional – Privacy Protection | #childsafety | #kids | #chldern | #parents | #schoolsafey

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Last week, the Attorney General for California filed a notice of appeal to overturn a federal
court ruling that the state’s Age-Appropriate Design Code Act
(“CAADCA”) likely violates the First Amendment. The
appeal will put the constitutionality of California’s act
before the Court of Appeals for the Ninth Circuit.

Following unanimous votes by the California legislature and
signature by the Governor, California enacted the CAADCA in September 2022 as a
measure purportedly “aimed at protecting the wellbeing, data,
and privacy of children using online platforms.” Industry
group NetChoice soon turned to federal court and sought an
injunction seeking to prevent the law from being enforced on the
grounds that it violates the First Amendment and the dormant
Commerce Clause of the United States Constitution and is preempted
by other federal statutes addressing online child safety, including
the Children’s Online Privacy Protection Act
(“COPPA”). Last month, the court granted a preliminary injunction in favor of
NetChoice, holding that CAADCA likely violates the First Amendment.
Specifically, the court reasoned that the law regulates expression
by limiting the use and sharing of (personal) information and that
California’s justifications did not rise to the level required
to regulate expression under the U.S. Constitution.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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