California is now the first in the nation to protect the safety and well-being of children navigating the online world with new legislation that installs guardrails on apps and websites.
Assembly Bill 2273, also known as the California Age-Appropriate Design Code Act, requires online platforms to consider the best interest of child users and to default to privacy and safety setting that protect children’s mental and physical health and well-being. Gov. Gavin Newsom signed the bill into law on Thursday.
The bill, penned by Assemblymember Buffy Wicks (D-Oakland) and Assemblymember Jordan Cunningham (R-San Luis Obispo), prohibits companies that provide online services, products, or features likely to be accessed by children from using a child’s personal information; collecting, selling, or retaining a child’s geolocation; profiling a child by default; and leading or encouraging children to provide personal information.
It requires that privacy information, terms of service, policies, and community standards be easily accessible and upheld while requiring tools to help children exercise their privacy rights.
“As the mom of two young girls, I am personally motivated to ensure that Silicon Valley’s most powerful companies redesign their products in children’s best interest,” Assemblymember Buffy Wicks (D-Oakland) wrote in a statement. “The Design Code is a game changer, and a major step forward in creating a global standard for the protection of youth online,” Wicks continued.
Under the new legislation, a Children’s Data Protection Working Group will be established to deliver a report to the Legislature, by January 2024, on the best practices for implementation. Additionally, the bill requires businesses with an online presence to complete a Data Protection Impact Assessment to the Attorney General before offering new online services, products, or features likely to be accessed by children.
A coalition of industry trade groups, which include TechNet, the California Chamber of Commerce, the Entertainment Software Association, and the California Manufacturers & Technology Association oppose the bill. According to a letter of opposition, they argue “If the goal is to encourage and incentivize companies to take proactive steps to protect children online, companies should have the opportunity to fix mistakes or compare their interpretations with the Attorney General as they try in good faith to comply with this new standard.”
Those supporting the bill include a large coalition of organizations representing public health, parent, school and youth groups, researchers, and advocacy organizations who say ensuring the safety of tech products is long overdue.
“As private companies beholden to shareholders, performance incentives for product developers and executives are tied to profit and therefore time spent on their platform. Social media platforms and tech companies do not design these services with their youngest and most vulnerable users in mind,” supporters wrote in a statement.
The California bill is modeled after the Age Appropriate Design Code recently enacted in the United Kingdom and seeks to elevate child-centered design in online products and services that are likely to be accessed by children
The legislation is set to take effect in 2024.
