California 2019-2020 Regular Session

California Assembly Bill AB1138

Introduced
2/21/19  
Introduced
2/21/19  
Refer
3/25/19  
Refer
3/25/19  
Report Pass
3/25/19  
Refer
3/26/19  
Refer
3/26/19  
Report Pass
4/12/19  
Report Pass
4/12/19  
Refer
4/22/19  
Report Pass
4/29/19  
Report Pass
4/29/19  
Refer
5/1/19  
Refer
5/1/19  
Report Pass
5/2/19  
Report Pass
5/2/19  
Refer
5/6/19  
Refer
5/6/19  
Engrossed
5/23/19  
Engrossed
5/23/19  
Refer
5/24/19  
Refer
5/24/19  
Refer
6/6/19  
Refer
6/6/19  
Report Pass
7/10/19  
Report Pass
7/10/19  
Enrolled
8/30/20  
Enrolled
8/30/20  

Caption

Social media: the Parent’s Accountability and Child Protection Act.

Impact

With the implementation of AB 1138 starting from July 1, 2021, California will regulate how social media companies handle underage users. If a company knowingly allows a child under 13 years of age to create an account without proper verification, it could face legal consequences. The bill further encourages businesses to adopt stricter age verification processes and ensures that information used for consent is not stored for purposes outside the legislative requirements, thus prioritizing children's privacy rights. This act builds upon existing federal regulations, particularly the Children's Online Privacy Protection Act (COPPA), while extending protections to California's vulnerable youth.

Summary

Assembly Bill 1138, known as the Parents Accountability and Child Protection Act, was introduced to enhance the safety of children online, specifically targeting social media platforms. This legislation mandates that any business operating in California which allows children under the age of 13 to create an account must obtain verifiable parental consent. The bill emphasizes that businesses will be held accountable for ensuring that they take the necessary steps to verify a parent or guardian's identity before allowing a child to engage with their services. It specifies various methods for obtaining consent, such as signing forms, online payment authorizations, and more stringent identification checks.

Sentiment

Overall, the sentiment surrounding AB 1138 is largely supportive among advocates for child safety and privacy. Many organizations emphasize the importance of these measures, highlighting the need for a safer online environment for children. However, there are concerns from some sectors in the business community about the implications this bill may have on user engagement and operational burdens. Critics argue that stringent regulations could hinder business operations and innovation in the tech space. Nonetheless, the prevailing opinion is that the protective aspects of the bill far outweigh potential drawbacks.

Contention

One notable point of contention is the balance between child safety and the operational capabilities of social media companies. While supporters argue that the measures may safeguard children from online exploitation, opponents claim these rigorous consent requirements might frustrate the ease of online interactions that are commonplace in today's digital age. Additionally, the bill may disproportionately impact smaller companies that could struggle with compliance compared to larger corporations better equipped to implement such regulations. Thus, the discussions around AB 1138 underscore a significant debate on privacy, safety, and business viability in the evolving landscape of digital services.

Companion Bills

No companion bills found.

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