California on Verge of Passing New Social Media Safety Regulations

The California Assembly is considering two bills on concurrence for final passage. AB-2273, which passed the Senate 33-0 Monday, would require social media companies with child users to follow “age-appropriate” design principles. AB-587, which passed 33-3, would establish new transparency requirements for social media platforms’ content moderation procedures. The office of Gov. Gavin Newsom (D) didn't comment.

AB-2273 is modeled after a new safety-by-design law in the U.K. Products should be created and designed with safety in mind by default, said Assemblymember Buffy Wicks (D) during a news conference Tuesday. She noted that since passage of the U.K.’s new law, Google made safe browsing mode its default for users under 18, YouTube turned off autoplay for minors, and TikTok and Instagram disabled direct messaging between children and adults that don’t follow each other. These “sound like small things,” but they’re vitally important for protecting children online, said Wicks. Assemblymember Jesse Gabriel (D) said AB-587 will address how social media shapes the national conversation, regarding hate speech, violence and conspiracy theories. It includes provisions for public disclosure of content moderation policies and key data about how platforms moderate, he said. The Senate unanimously passed AB-2879, which would subject platforms to civil liability if they don’t follow new reporting requirements for cyberbullying.

AB-587 violates the First Amendment by infringing on editorial rights, NetChoice said. AB-2879 is also likely unconstitutional due to its regulation of speech, NetChoice said. The association criticized California for following the lead of Florida and Texas, where tech groups are challenging other content moderation laws. “California has been a leader in technology development, but the legislature’s actions would give innovators yet another reason to leave the Golden State to avoid overly burdensome regulation that harms families and violates the First Amendment,” said Policy Counsel Jennifer Huddleston.

The bills are “horribly dangerous,” said Floor64 CEO Mike Masnick, who edits the TechDirt blog. AB-2273, the age-appropriate design bill, is “literally impossible to comply with” and would benefit only California privacy lawyers, he said. Santa Clara University law professor Eric Goldman contended that AB-587, the content moderation bill, is functionally equivalent to the laws in Texas and Florida. AB-2273 will “break the internet,” Goldman said Monday.

California has a special obligation to lead on these issues due to its tech economy and the dysfunction in Washington, D.C., said Gabriel during the news conference. “As California goes, so goes the nation,” said Wicks. Parents “have no chance” in combating online harm, given the status quo, said Assemblymember Jordan Cunningham (R).

The lawmakers were joined by bill supporters from the Anti-Defamation League, OCA-Asian Pacific American Advocates and Parents Together. Kids are “literally dying” because social media isn’t safe, said Parents Together Online Safety Director Dalia Hashad. Emi Kim, legislative director at the Log Off Movement, said she receives emails from teenagers every day saying social media is the reason “they want to kill themselves.” Every parent tells the same story about toddlers and teenagers, said Hashad: They can’t keep their children safe online. The safety by design bill is a “prayer answered,” she said. Asian Americans and Pacific Islander communities are tired of the lack of regulation against hate speech and extremist groups, said OCA National President Linda Ng.