California State Legislature Passes a ‘Mini FOSTA’ Bill

SACRAMENTO—Lawmakers in the California state legislature passed an online child safety bill that one critic characterizes as a miniature version of the federal FOSTA-SESTA statutes. Assembly Bill (AB) 1394 was unanimously passed by both chambers of the General Assembly, and Democratic Gov. Gavin Newsom is expected to sign the bill into law. According to the bill, social media platforms would be required to create user reporting systems to address child sexual abuse material and other forms of exploitation and conduct risk assessments and reports on how the companies that own these platforms are countering such harms. AB 1394 was introduced by state Assemblymember Buffy Wicks, D-Oakland. It would face several legal challenges if it becomes law, notes Mike Masnick of Techdirt. These challenges would likely include claims that the bill is preempted by Section 230 of the Communications Decency Act of 1996 and the safe harbor provision that grants liability immunity for the harms of user-generated web content. Other claims against AB 1394 could also focus on how the bill essentially contradicts federal requirements mandating that U.S.-based web platforms must transmit reports of CSAM cases to the National Center for Missing and Exploited Children, which acts as a clearinghouse for cases. Masnick additionally writes that AB 1394 "can be described as a kind of mini-California FOSTA.” "We’ve already seen how a similar system works in FOSTA around ‘sex trafficking,’ which resulted in the shutting down of all sorts of vital resources for sex workers. And now, with 1394, you can expect that all sorts of vital assets to help the victims of CSAM are about to shut down as well,” he writes, additionally noting the lack of news coverage on the bill’s progress. That said, Tech Policy Press published a news brief on the bill by John Perrino, a policy analyst at the Stanford Internet Observatory.  Critics of the bill include TechNet, a technology industry advocacy organization, who lobbied to formulate the bill in a more equitable and effective fashion. “During that process, we have offered amendments that, if accepted, would result in the strongest piece of legislation in the country related to the removal of child pornography from the internet,” wrote Linda Moore, president and chief executive officer of TechNet, in a letter to Common Sense Media. Common Sense was a supporter of the bill, but the organization criticized TechNet, which represents many large technology companies like Google, Meta and Amazon. “We are calling on you to renounce TechNet's opposition and amendments that aim to gut this incredibly important bill for children and families,” wrote Jim Steyer, founder and chief executive officer of Common Sense, in a letter to TechNet members. Gov. Newsom has until October 14 to veto or sign AB 1394 into law. Requirements outlined in the bill would go into effect on January 1, 2025.