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A key part of California’s online safety law for kids is still on hold after appeals court ruling
Part of the law will head back to the lower court.
The DPIA would compel online businesses to craft reports on whether their designs could harm kids and “create a timed plan to mitigate or eliminate the risk[s].” Smith determined this would likely fail First Amendment scrutiny. California “could have easily employed less restrictive means to accomplish its protective goals,” he wrote, including incentives for voluntary content filters, education for children and parents, and the enforcement of existing criminal laws. It’s also significant as it comes after an instructive Supreme Court ruling earlier this year in Moody v. NetChoice, which affirmed that content moderation and curation by platforms is protected speech.
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