Newsom Enacts California’s ‘Mini FOSTA’ Bill

SACRAMENTO, Calif.—Gov. Gavin Newsom has signed a bill into law that holds social media platforms accountable for facilitating child sex trafficking and exploitation.  Assembly Bill (AB) 1394 was unanimously passed by both chambers of the General Assembly.  Language in AB 1394 is worded to require social media companies to create accessible user reporting systems to address instances of child sexual abuse material and other forms of child exploitation. Platforms must also conduct risk assessments and reports on how the parent firms of social media platforms are countering CSAM and exploitation posted by third-party users. Mike Masnick of Techdirt referred to this bill “as a kind of mini-California FOSTA.”  AB 1394 could be challenged by industry groups like NetChoice and TechNet on grounds of federal law, like Section 230, or requirements for U.S.-based web platforms to already report CSAM statistics to the National Center for Missing and Exploited Children’s CyberTipline.