ARTICLE · 27 DECEMBER 2022

NetChoice Challenges Constitutionality Of California Age-Appropriate Design Code Act

Keller & Heckman

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When the California legislature passed the California Age-Appropriate Design Code Act (CAADCA or Act) AB 2273 in September of this year, it generated considerable controversy.

United StatesPrivacy

Tracy P. Marshall

When the California legislature passed the California Age-Appropriate Design Code Act (CAADCA or Act) AB 2273 in September of this year, it generated considerable controversy. Companies, trade associations, and even some non-governmental organizations questioned whether the law's broad reach was not just counterproductive and likely to invade consumer privacy, but preempted by federal law and unconstitutional. The legal questions are about to be tested in a court case that could have far-reaching repercussions for online platforms and legislators alike. On December 14, 2022, NetChoice, an umbrella organization of tech companies including Amazon, Google, Meta, TikTok, and Twitter, announced that it had filed a complaint against California Attorney General Bonta, alleging that the CAADCA violates the Constitution and is preempted by federal law, including the Children's Online Privacy Protection Act (COPPA).

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