Posted: 4:07 PM PST · December 31, 2024
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Judge Allows California’s Ban on Addictive Feeds for Minors to Go into Effect
Late Tuesday evening, a federal judge blocked tech lobbying group NetChoice’s challenge to California’s recently enacted law, SB 976, which prohibits companies from serving ‘addictive feeds’ to minors.
What This Means
The effect of this decision is that beginning Wednesday, companies will be prohibited from serving an addictive feed to a California-based user they know to be a minor, except with explicit parental consent. SB 976 defines an addictive feed as an algorithm that selects and recommends content for users based on their behavior, and not their explicit preferences.
How Companies Will Be Affected
From January 2027 onward, companies will be required to use ‘age assurance techniques,’ like age estimation models, to determine whether a user is a minor and adjust their feed accordingly. This means that social media platforms, online gaming services, and other digital platforms will need to implement new measures to prevent addictive feeds from being served to minors.
The Law’s Background
In November, NetChoice, whose members include Meta, Google, and X, sued to enjoin SB 976 in its entirety, arguing the law violated the First Amendment. The judge denied the motion for an injunction but did block other elements of the law, including a restriction on nighttime notifications for minors.
Similar Legislation Elsewhere
New York passed similar legislation in June, highlighting the growing concern about the impact of social media on children and adolescents. Other states are likely to follow suit, as lawmakers seek to regulate the tech industry’s influence over young people.
Addictive Feeds: A Growing Concern
Addictive feeds have been a topic of controversy for several years, with many experts warning that they can lead to addiction, decreased mental health, and other negative effects on children and adolescents. Social media platforms have long used algorithms to serve users content based on their behavior, but this approach has come under increasing scrutiny in recent years.
The Benefits of Regulation
Proponents of SB 976 argue that regulation is necessary to protect young people from the dangers of addictive feeds. By requiring companies to use age assurance techniques and adjust their feeds accordingly, lawmakers hope to reduce the risks associated with social media use.
NetChoice’s Challenge: A First Amendment Concern?
NetChoice argues that the law violates the First Amendment by restricting the free speech rights of tech companies. However, the judge has rejected this argument, allowing the law to go into effect while other elements are still under review.
What This Means for Tech Companies
The ruling is a significant blow to NetChoice and its members, which have long argued that regulation would stifle innovation and freedom of speech online. However, the law’s passage marks an important step towards regulating the tech industry and protecting young people from the dangers of addictive feeds.
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