Digital Age Assurance Act

Following unanimous votes by the California legislature and signature by the Governor, California enacted an Age-Appropriate Design Code Act (CAADCA) in September 2022 (codified at CA Civil Code Section 1798.99.28-32), as a measure purportedly “aimed at protecting the wellbeing, data, and privacy of children [under 18] using online platforms.” Industry group NetChoice soon turned to federal court and sought an injunction seeking to prevent the law from being enforced on the grounds, among others, that it violates the First Amendment and the dormant Commerce Clause of the United States Constitution and is preempted by other federal statutes addressing online child safety, including the Children’s Online Privacy Protection Act (COPPA).Continue Reading The Future of the CA Age-Appropriate Design Code Act: What Remains, What’s Still Open to be Contested, and What Companies Must Consider for Minors’ Online Safety

The last several weeks have been eventful for online safety and age assurance, particularly with respect to U.S. app store age verification laws: Apple and Google unveiled some of their plans for addressing these laws on Oct. 8; Governor Newsom signed the Digital Age Assurance Act into law on October 13; and on October 16, an industry organization lodged a constitutional challenge against Texas’ law (SB2420).  Below, we provide a handy FAQ with questions and answers on issues that many likely have regarding these laws, the app stores’ guidance, and the legal challenge to the Texas law.

Mobile app operators: take note. Regardless of your company’s target audience, you will be required to take technical and operational steps to comply with these laws.Continue Reading App Store Age Verification Laws: Your Questions, Answered.