California Governor Gavin Newsom has signed AB 1394, a law that would punish web services for “knowingly facilitating, aiding, or inciting the commercial sexual exploitation” of children. It is one of several online regulations that California has passed in recent years, some of which have been challenged as unconstitutional.
newsom office stated yesterday in a press release who had signed AB 1394, which was passed by the California legislature in late September. The law will go into effect on January 1, 2025. It adds new rules and responsibilities aimed at making social media services crack down on child sexual abuse material, adding punishments for sites that “knowingly” leave reported material online. More broadly, it defines “aiding or abetting” to include “implementing a system, design, feature, or provision that is a substantial factor in causing minor users to become victims of commercial sexual exploitation.” Services can limit their risks by conducting regular audits of their systems.
technology Industry Trade Associations technet and NetChoice expressed concern about the bill, with NetChoice urges Newsom in September to veto it. “Unfortunately, in the legislature’s desire to decrease online CSAM, a bill was passed that imposes liability in a manner inconsistent with the First Amendment,” said NetChoice Vice President and General Counsel Carl Szabo.
Still, AB 1394 has received less attention than other California Internet laws. Elon Musk’s X (formerly Twitter) sued in September over AB 587, which requires sites to formulate and publish plans to address hate speech. And NetChoice, which successfully challenged social media moderation bans in Texas and Florida, convinced a judge to block California’s Age-Appropriate Design Code Act as unconstitutional last month. The organization did not immediately confirm The edge if you are planning a challenge similar to AB 1394.
