As the California Assembly Judiciary Committee reviews three new social media bills — AB 56, AB 853, and AB 1064 — the Computer & Communications Industry Association (CCIA) is voicing significant concerns. The Association warns that these bills could jeopardize consumer safety, innovation, and the state's digital economic future due to their broad mandates and lack of feasible enforcement frameworks.
While acknowledging the importance of safeguarding children in the digital realm, the CCIA feels the proposed legislation does not offer effective solutions. "Given California’s central role in the tech industry, the state Legislature should be careful to ensure that any new laws foster progress without introducing unintended shortcomings for the industry or consumers," the Association stated.
Particular issues were outlined with the individual bills. AB 56 is seen by the CCIA as raising substantial constitutional concerns. The Association referenced the case of NetChoice v. Bonta (2024), where the Ninth Circuit decided that California could not compel private companies to moderate speech. The CCIA suggests that the mandates within AB 56, which would require online platforms to modify, delay, or block content, could face legal challenges under the First Amendment.
For AB 853, the CCIA foresees negative impacts on marginalized and vulnerable communities who depend on open platforms for communication. The bill's requirement for businesses to act in accordance with government policy could result in over-moderation of content and infringe on free speech by imposing penalties for missing metadata. The CCIA believes this might harm public trust and expression rather than protect online integrity.
AB 1064 targets artificial intelligence (AI) developers but falls short according to the CCIA, due to its ambiguous requirements concerning "harmful" content and "emotional attachment." The Association warns that an aggressive fine-based funding mechanism could dissuade smaller developers from operating within California and hurt innovation.
CCIA's State Policy Manager, Aodhan Downey, commented, "Protecting kids online is essential, but these bills fail to create practical, enforceable solutions. Vague mandates, costly compliance burdens, and serious privacy risks would chill innovation and limit access without achieving their intended safety goals. California’s leadership in digital innovation depends on policies that empower families, respect Constitutional rights, and are designed for real-world enforcement – not laws that create more risks than they solve."