Capitol Alert

A tech industry group is once again suing California over a social media law

In the courts: Gavel silhouette

Good morning and welcome to the A.M. Alert!

NETCHOICE SUES TO BLOCK CALIFORNIA LAW. AGAIN.

Tech industry-funded NetChoice is once again taking the Golden State to court, this time in a bid to block SB 976 from going into effect.

Dubbed the “Protecting Our Kids From Social Media Addiction Act,” the bill from Sen. Nancy Skinner, D-Berkeley, requires social media companies to provide a chronological feed — that is, a feed that is in order of posts made — rather than an “addictive feed,” which is to say one created by an algorithm to attract user engagement, for users under the age of 18.

The law also requires that social media companies prevent underage users from receiving notifications while they are in school or from midnight to 6 a.m. when they should reasonably be asleep.

“Not only does SB 976 restrict access to information conditioned on the willingness to hand over sensitive information, but it requires companies to continually track minors — and send reports to the government annually,” said NetChoice’s Paul Taske in a statement. “This risks all Californians’ safety online, and it creates more opportunities for criminals and predators to target and compromise minors’ information on covered services.”

The tech group warns that the California law “tramples over free speech” by conditioning Californians’ access to social media on whether they hand over sensitive personal data.

The bill goes into effect on Jan. 1, 2025.

You can read the NetChoice complaint here.

Reached for comment, Skinner said that she was unsurprised by NetChoice’s lawsuit.

“Their usual playbook, which is rather than protecting our kids, which they have the power to do, they’re suing the State of California over a good law,” she said.

Skinner said there is “no merit” to the claims that her law violates the First Amendment, and that her office worked closely with the California Attorney General’s Office to craft SB 976 in such a way that is could withstand legal scrutiny.

She added that social media companies already track their users’ demographics, and they know when one is a minor. Skinner said her law just requires them to apply that knowledge to prevent underage users from getting an addictive feed.

NetChoice previously sued to block the 2022 Age-Appropriate Design Code Act, authored by Assemblywoman Buffy Wicks, D-Oakland, and then-Assemblyman Jordan Cunningham, R-San Luis Obispo, from going into effect. That law prohibits social media platforms from using children’s personal information or geolocation data.

In August, a panel of the Ninth Circuit Court of Appeals ruled that the law likely violates the First Amendment and ordered that the stay on it to continue while the case works its way through the lower courts.

“We do know that (SB) 976 was carefully designed to avoid any of the pitfalls that the Age-Appropriate Design Code Act is now experiencing,” Skinner told The Bee.

BONTA WARNS ABOUT PUPPY MILLS

In the market for a new pooch? It’s the holiday season and many people may be considering adding a furry friend to their household in the coming months. But beware when buying from a breeder, warned California Attorney General Rob Bonta, in a Tuesday consumer alert.

Bonta recommended that people adopt their pets from a shelter or rescue, but if they just have to go through a breeder, they should meet the breeder at their home, get references from local veterinarians, friends or breed clubs, avoid buying pets at locations such as parking lots, get copies of medical records that prove the animal was seen by a veterinarian before adoption and pay with a traceable form of payment that comes with a receipt.

“Tragically and too often, shady breeders only interested in making a profit sell chronically sick, injured, and mistreated puppies to unsuspecting consumers. This is sickening. I urge Californians to be vigilant and watch out for negligent breeders,” Bonta — who has two shelter dogs as pets — said in a statement.

Jill Tucker, CEO of the California Animal Welfare Association, which represents shelters across the state, said in a statement that “shelters throughout California are inundated with wonderful puppies, kittens, and adult animals that are ready for new homes, along with knowledgeable staff and volunteers that will help them select the right match. There has never been a better time to adopt.”

Concerned about a possible puppy mill in your area? Bonta’s office encourages reaching out to the Humane Society, which you can do here.

GET YOUR BLUESKY STARTER PACK HERE

And finally, yesterday we encouraged members of the California Capitol community — journalists, lobbyists, staffers, strategists and elected officials — to reach out to us on Bluesky so they could be added to a “starter pack” for newcomers to follow.

As promised, here it is.

If you’re on Bluesky, this starter pack will...well...get you started on following the latest posts and updates from the California Capitol community on that platform. Sac Bee reporter Andrew Sheeler will keep that starter pack updated as more accounts join the platform, so check back regularly!

QUOTE OF THE DAY

“With the election over, small business owners will begin to feel less uncertain about future business conditions. Although optimism is on the rise on Main Street, small business owners are still facing unprecedented economic adversity. Low sales, unfilled jobs openings, and ongoing inflationary pressures continue to challenge our Main Streets, but owners remain hopeful as they head toward the holiday season.”

- National Federation of Independent Business Chief Economist Bill Dunkelberg, in a statement accompanying the latest Small Business Economic Trends report.

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AS
Andrew Sheeler
The Sacramento Bee
Andrew Sheeler is a former reporter for The Sacramento Bee’s Capitol Bureau.
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