California has a unique opportunity to advance online safety for kids

OPINION – California is the premier state to watch for regulating kids’ online safety. From its robust data privacy law to the contentious Age Appropriate Design Code (AADC), the state presents a wealth of opportunities to get kids’ online safety right. However, crucial First Amendment concerns have blocked the implementation of the AADC, and critical questions remain on the best path forward to keep kids safe online.

Notably, California has one of the country’s strongest data privacy laws for consumers. The Public Interest Research Group (PIRG) gave California the highest grade in the country (B+) for its consumer-friendly privacy law. The California Consumer Protection Act (CCPA) gives consumers the right to know what information is collected about them, the right to delete that information, and the right to opt out of the selling of their information. California also recently introduced amendments to the CCPA that would include additional privacy protections for children.

In addition to robust privacy protections, California became the first state to pass the AADC. The law, sponsored by California Assembly member Buffy Wicks, requires that online platforms develop their services in the best interest of a child. This means requiring tech companies to turn on the highest privacy settings by default for young people under 18, and either use a reasonable age estimation tool or provide these heightened privacy settings for all users regardless of age. The Family Online Safety Institute (FOSI) has produced research and a white paper that discuss the challenges and opportunities of age assurance methods.

While the AADC has many aspects that could make it a promising option for advancing kids’ online safety, serious concerns about users’ ability to access information caused the law to be enjoined until litigation is settled. In December 2022, NetChoice, a trade association representing a number of tech industry members, sued California Attorney General Rob Bonta claiming the AADC violates the First Amendment, is preempted by federal law under the Children’s Online Privacy Protection Act, and violates the Commerce Clause.

A practical concern with the AADC is the potential for over-moderation of legitimate speech (especially LGBTQ+ content). This unintended consequence could be minimized by using clear and consistent definitions of key terms, for example, “age-appropriate.” Access to resources and community online is imperative not just for free expression, but online spaces are also a lifeline for the LGBTQ+ community, and other underrepresented communities. A design-code model that sets a high minimum standard prioritizing safety and privacy for the youngest users is a good approach as long as addressing the harms of social media is coupled with preserving the benefits of these platforms.

Beyond the AADC, California continues to introduce legislation aimed at protecting young users online. One bill in particular has garnered support from industry leaders, such as Roblox. California Senate Bill 933 would update existing child sexual abuse material (CSAM) laws to include images created using artificial intelligence. This is a great example of low-lift, but impactful ways states can adapt to the ever-changing landscape of technology.

California has a unique opportunity to enhance safety online for young people by implementing enlightened public policy. As policymakers in the state consider legislation, FOSI encourages collaboration with industry members and families (including young people) to ensure everyone has a safe experience online. Setting high baseline protections for young people should be paired with empowering users with the tools and knowledge they need to safely navigate the internet, not excluding them from digital life. A holistic approach to online safety includes:

Advancing comprehensive data privacy legislation that especially protects young users.

Having open discussions with your family about social media and how it works.

Taking advantage of in-app safety controls such as screen time limits and advanced privacy settings to manage your experience online.

Promoting digital media literacy that acknowledges the risks, mitigates harms, and reaps the rewards of online life.

Let’s hope the state takes this golden opportunity to get online safety right for kids and their families.

Stephen Balkam is the Founder and CEO of the Family Online Safety Institute (FOSI), an international, nonprofit organization with a mission to make the online world safer for kids and their families.