Court upholds most provisions of California's Age-Appropriate Design Code Act

Governor Gavin Newsome | Official website

Governor Gavin Newsom and California Attorney General Rob Bonta today issued statements in response to the Ninth Circuit Court of Appeals’ decision in NetChoice v. Bonta. The court found that NetChoice did not demonstrate a likelihood of success in proving that the majority of California’s Age-Appropriate Design Code Act is unconstitutional.

The Ninth Circuit vacated the injunction concerning the Act’s provisions on restricting the collection, use, and sale of children’s data, as well as the collection of a child’s geolocation information without an obvious sign to the child.

“California enacted this nation-leading law to shield kids from predatory practices. Instead of adopting these commonsense protections, NetChoice chose to sue — yet today, the Court largely sided with us. It’s time for NetChoice to drop this reckless lawsuit and support safeguards that protect our kids’ safety and privacy,” said Governor Gavin Newsom.

Attorney General Rob Bonta added, “We’re pleased that the Ninth Circuit reversed the majority of the district court’s injunction, which blocked California’s Age-Appropriate Design Code Act from going into effect. The California Department of Justice remains committed to protecting our kids’ privacy and safety from companies that seek to exploit their online experiences for profit.”