Tech Policy Press: Reviewing Amicus Briefs Filed in Appeal of California Age Appropriate Design Code Act Injunction 

January 8, 2024

  • EPIC says the lower court’s injunction calls into question established privacy law including the Children’s Online Privacy and Protection Act. 
  • EPIC argues that the “lower court’s decision is deeply flawed because it fails to recognize the state’s substantial interest in protecting the privacy of children online and incorrectly analyzes the requirements of the California Age-Appropriate Design Code (‘AADC’). The lower court’s analysis hinges in part on false assumptions that the AADC requires companies to limit access to content and to deploy invasive age verification techniques. The AADC does not require either of those things, and its privacy and design-focused requirements allow for a flexible approach to age estimation that incentivizes companies to provide heightened privacy protections to all users to mitigate harms to children.” 
  • Further, the lower court “failed to appreciate the specific privacy harms that the commercial collection and use of personal information poses to children and failed to recognize that the AADC is designed to address these harms.”

Read more here.

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