California’s new law tackles online child sexual exploitation.
California Tech Companies Face Hefty Fines for Failing to Remove Explicit Content of Minors
California tech companies will now be fined up to $4 million for failing to take down sexually explicit content of minors within three days, according to a new bill signed into law Oct. 8 by California Gov. Gavin Newsom.
The law, which will take effect on Jan. 1, 2025, aims to crack down on social media sites that facilitate the commercial sexual exploitation of children. State Assembly Bill 1394 requires these platforms to allow minors featured in such posts to delete them. Additionally, the law mandates that platforms investigate and block such content within 30 to 60 days after receiving a report.
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Failure to comply with these standards will result in fines ranging from $1 million to $4 million, as outlined in the bill. This legislation builds upon the California Privacy Act of 2018, which safeguards user data collected by online platforms from being sold or publicly revealed without consent.
The new law also requires tech companies to promptly notify users who report explicit content within 36 hours. Furthermore, the platforms must issue a formal written determination regarding whether the social media platforms.”>reported content constitutes child sexual abuse.
Sites that fail to comply with these regulations may be required to pay the reporting user up to $250,000 per violation. This means that minors could potentially seek damages from platforms that do not remove sexually explicit content involving them.
To avoid legal action, platforms can conduct bi-annual audits to identify and address any system vulnerabilities that allow the propagation of such content.
Bill sponsors expressed their approval following Gov. Newsom’s signature. Assemblywoman Buffy Wicks (D-Oakland), a co-sponsor of the bill, stated, “Governor Newsom’s signing of AB 1394 further crystallizes California’s commitment to protecting kids in the online world, and sets a nationwide standard in the fight against child sex abuse material.”
Lawmakers emphasized that the passage of this law sends a strong message to out-of-state platforms regarding potential future crackdowns on privacy breaches. They hope that this legislation will serve as a catalyst for change nationwide.
However, opposition to the bill, including the California Chamber of Commerce and the Civil Justice Association of California, argues that it could inadvertently restrict the free speech of minors by prohibiting them from using certain features, such as chat rooms, on these platforms.
The opposing groups stated, ”[P]latforms could choose to disable features that could be misused by perpetrators to traffic children, such as direct messaging, chat forums, or other communicative features. They could also prohibit anyone under the age of 18 from using their platforms. In either instance, more lawful speech is impacted and burdened than intended, thus creating a chilling effect on providing and hosting lawful content and speech on social media platforms.”
According to these groups, the disadvantages of the new law outweigh the benefits. They believe that it will result in the removal of more lawful speech and fewer online spaces for teens to communicate and share ideas.
What technology solutions can be implemented to effectively detect and prevent the upload and dissemination of explicit content involving minors?
Audits to ensure they are in compliance with the law. These audits must be conducted by an independent third-party and must include a review of the platform’s policies and procedures for handling explicit content involving minors.
Additionally, the law requires platforms to implement technology solutions that can detect and prevent the upload and dissemination of explicit content involving minors. This includes the use of artificial intelligence and machine learning algorithms that can identify and remove such content in a timely manner.
California has taken a strong stance against the sexual exploitation of children online, and this new law reflects the state’s commitment to protecting minors from harm. By imposing hefty fines on tech companies that fail to remove explicit content of minors, the state is sending a clear message that this type of content will not be tolerated.
However, some critics argue that the law puts an excessive burden on tech companies and may unintentionally limit freedom of speech. They worry that platforms may over-censor content in order to avoid fines, even if the content is not explicit or harmful. Additionally, there are concerns about the feasibility of implementing the required technology solutions, especially for smaller tech companies with limited resources.
Despite these concerns, the new law in California represents a significant step forward in the fight against the commercial sexual exploitation of children online. By holding tech companies accountable for the content on their platforms, the state is working to create a safer online environment for minors. It is hoped that this legislation will serve as a model for other states and countries to follow in order to protect the well-being of children in the digital age.
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