Netchoice, LLC v. Rob Bonta

Brief Filed: 12/23
Court: United States Court of Appeals for the 9th Circuit
Year of Decision: Pending

Read full-text amicus brief (PDF, 321KB)opens in new window

This case involves a challenge the California Age-Appropriate Design Code Act (CAADCA) which requires social media platforms to comply with a specific set of rules with respect to online products, features, and services that are likely to be accessed by children—defined as any user under the age of 18. This includes obligations such as estimating the age of child users, configuring default privacy settings to the highest level, and completing a data protection impact assessment before any new products, services or features are made publicly available.

Child Welfare/Generally

In September 2022, California enacted the CAADCA, which regulates the personal data of children under 18. In December 2022, NetChoice sued the Attorney General of California seeking to enjoin enforcement of the CAADCA. The District Court decided that NetChoice can likely show that the Act violates the First Amendment. California is appealing the District Court’s decision.

APA with the American Academy of Pediatrics developed a brief that presents the science and recommendations set forth in APA’s Health Advisory on Social Media Use in Adolescence to support the State’s decision to regulate social media online products, features, and services in an age-appropriate manner. 

Pending