The U.S Ninth Circuit Court of Appeals (Court) in mid-August threw out parts of California’s Age-Appropriate Design Code Act (AADC), the broadest of a wave of U.S. state laws about children’s data and safety, for violating the First Amendment. The decision’s impact appears narrow but will affect upcoming California guidance. It also suggests a path for more lawsuits against data protection impact assessments, a cornerstone of privacy programs.
With insights from Blank Rome's Philip N. Yannella, this article highlights practical and legal takeaways from the Court’s holdings and identifies looming puzzles – including the status of age estimation mandates, potential avenues to thwart children’s safety, and AI laws, and a possible circuit split on regulating recommender algorithms.
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"Navigating Government Investigations of Privacy Practices," by Matt Fleischer-Black was published in the Cybersecurity Law Report on September 11, 2024.