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Home Hot Topic Federal Judge Halts California Kids’ Online Data Privacy Law

Federal Judge Halts California Kids’ Online Data Privacy Law

by Cecilia

A federal judge in California has issued a preliminary injunction to halt the implementation of a state law aimed at restricting companies’ use of data collected from young internet users to safeguard the privacy of minors.

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U.S. District Judge Beth Labson Freeman granted the injunction, stating that the legislation interferes with how businesses use the internet, which the state has not adequately justified.

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The law would have required companies to report to the state about any online product or service they offer that is likely to be used by individuals under 18. They would also need to outline plans to minimize any potential harm to minors and would be prohibited from collecting most forms of personal information from young internet users, including their physical locations.

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Judge Freeman emphasized that the state doesn’t have the authority to compel private companies to act as government censors. While acknowledging the potential dangers children face on the internet, she argued that the law unfairly singles out for-profit businesses, unlike government agencies or nonprofit organizations.

This legislation, introduced by Assembly Member Buffy Wicks, a Democrat from Oakland, received unanimous approval in both state legislative houses last year and was scheduled to go into effect in July 2024.

The legal challenge against this law was brought by NetChoice, a trade association representing companies like Google, Amazon, Meta (formerly Facebook), and TikTok. Chris Marchese, an attorney for NetChoice, praised the judge’s decision, stating that it protects Californians’ free speech and online privacy rights.

California’s Attorney General Rob Bonta’s office expressed disappointment with the ruling and may consider appealing the injunction to the Ninth U.S. Circuit Court of Appeals in San Francisco.

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