Court Upholds Key Provisions of California's Online Child Safety Law

A federal appeals court has issued a split decision on California's online child safety law, partially reinstating provisions that were previously blocked by a lower court while maintaining some restrictions.

The Ninth Circuit Court of Appeals on Thursday threw out much of an injunction that had prevented California from enforcing the state's Age-Appropriate Design Code Act (AADC), which aims to protect children's online privacy and safety. However, the court kept certain provisions blocked, creating a nuanced outcome for both tech companies and child safety advocates.

The Legal Battle

The case centers on California's attempt to regulate how online platforms handle data from users under 18. The law, which was set to take effect in July 2024, requires companies to assess the privacy risks of their products and services that are likely to be accessed by children, and to provide privacy protections by default.

NetChoice, a trade association representing major tech companies including Meta, Google, and Amazon, had challenged the law, arguing it violated the First Amendment and was preempted by federal law. A federal judge in San Francisco had granted a preliminary injunction in March 2025, blocking the law's enforcement.

What the Appeals Court Decided

The appeals court's decision creates a complex legal landscape:

• Provisions Reinstated: The court allowed California to enforce requirements that companies conduct data protection impact assessments and implement privacy safeguards for young users
• Provisions Blocked: Some of the law's most controversial elements remain blocked, including requirements for age verification and restrictions on targeted advertising to minors

The ruling represents a partial victory for both sides. Tech companies retain some protections from the most burdensome requirements, while California maintains authority to regulate child safety online.

Industry Reaction

Tech industry groups expressed cautious optimism about the ruling. NetChoice stated that while they disagree with parts of the decision, the court's recognition of First Amendment concerns provides important precedent for future challenges to state-level tech regulations.

Child safety advocates, meanwhile, praised the court's decision to uphold core privacy protections, arguing that the internet remains too dangerous for young users without proper safeguards.

Broader Implications

This case is part of a larger trend of states attempting to regulate tech companies' practices, particularly regarding children's online safety. Similar laws in other states have faced legal challenges, and the California case may influence how courts approach these issues nationwide.

The decision also comes amid growing congressional interest in federal online safety legislation, which could potentially preempt state laws like California's.

What Happens Next

Both sides are evaluating their options following the ruling. NetChoice could potentially appeal to the Supreme Court, while California officials are preparing to implement the reinstated provisions.

The partial reinstatement creates uncertainty for tech companies operating in California, which would need to comply with some but not all of the law's requirements. This patchwork approach may prompt calls for clearer federal standards.

Context in Tech Regulation

This ruling occurs against a backdrop of increasing regulatory pressure on tech companies. From antitrust investigations to content moderation requirements, the industry faces a complex and evolving regulatory environment.

The California case highlights the tension between states' desires to protect their residents and the tech industry's concerns about inconsistent regulations across different jurisdictions.

Key Stakeholders

• California Attorney General: Defending the state's right to protect children online
• NetChoice and member companies: Challenging what they see as unconstitutional restrictions
• Child safety advocates: Pushing for stronger online protections
• Federal regulators: Watching how state-level regulation develops

Technical and Implementation Challenges

Even with the legal questions partially resolved, implementing the law presents practical challenges. Companies must determine how to assess whether their services are likely to be accessed by children, how to conduct required privacy assessments, and how to implement default privacy protections without compromising user experience.

The ruling leaves many implementation details to be worked out through future litigation or regulatory guidance.

Looking Forward

As the July 2024 effective date approaches for the reinstated provisions, tech companies and California regulators will need to navigate this complex legal landscape. The outcome may influence similar efforts in other states and potentially shape federal legislation on online child safety.

The case demonstrates the ongoing challenge of balancing innovation, free expression, and child protection in the digital age.