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The California Age-Appropriate Design Code Act, passed in 2022, would be among the most sweeping pieces of legislation to protect kids from online harms — if it hadn’t become tangled up in court. The law has two basic requirements: first, that tech companies analyze and report on whether their products are harmful for children; second, that they minimize how much data they collect from those under 18. Earlier this month a federal appeals court found that first part likely violates the First Amendment, and upheld a lower-court decision blocking that part of the law. But it vacated an injunction on the second component, the part dealing with data privacy. The decision could point a way forward for similar laws, many of which have also run into legal challenges, Aaron Mackey, free speech and transparency litigation director at the Electronic Frontier Foundation, told Marketplace’s Meghan McCarty Carino.
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The California Age-Appropriate Design Code Act, passed in 2022, would be among the most sweeping pieces of legislation to protect kids from online harms — if it hadn’t become tangled up in court. The law has two basic requirements: first, that tech companies analyze and report on whether their products are harmful for children; second, that they minimize how much data they collect from those under 18. Earlier this month a federal appeals court found that first part likely violates the First Amendment, and upheld a lower-court decision blocking that part of the law. But it vacated an injunction on the second component, the part dealing with data privacy. The decision could point a way forward for similar laws, many of which have also run into legal challenges, Aaron Mackey, free speech and transparency litigation director at the Electronic Frontier Foundation, told Marketplace’s Meghan McCarty Carino.
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