In just about one year – July 1, 2024 – California’s Age Appropriate Design Code will come into full effect; that is, if it is not struck down in the courts. If enacted, social media companies and other online platforms will face a compliance and liability nightmare.
This is vaguely defined to encompass anything from exposure to “potentially harmful” content to “whether algorithms used by the online product … could harm children.” And “child” is defined as anyone under 18, which would treat near-high school and some high school graduates the same as kindergartners.
Essentially, California regulators would have the power to force websites to take down whatever content or cease any practices“materially detrimental to the physical health, mental health, or well-being of a child.” Websites are subject to harsh per-instance fines for failing to protect children from harms that the law largely does not define.
Thus, a law sold as simply protecting childrens’ privacy online quickly turns into something far more comprehensive, which internet law Professor Eric GoldmanMuch of the text of the AADC derives from a