From Committee to Law: the Fast-Paced Journey of California's Ab Age Bills
California lawmakers spent three years navigating a procedural minefield after federal judges halted key provisions of the 2022 California Age-Appropriate Design Code Act (AB 2273). That landmark statute faltered in NetChoice v. Bonta when the Ninth Circuit raised First Amendment concerns regarding restrictions on public speech. Lawmakers regrouped quickly. Rather than abandoning child-protection goals, the Assembly introduced focused measures targeting specific risks: algorithmic recommendation engines, late-night push notifications, and unverified commercial access to sensitive digital content.
The drafting of AB 1856 exposed deep friction within the tech industry. Commercial platforms lobbied for clear liability limits, while independent software engineers panicked over vague statutory language. Early drafts risked classifying code repositories like GitHub, Linux distribution mirrors, and decentralised communications networks as high-risk digital spaces. Without clear exemptions, volunteer maintainers could have faced severe financial penalties for distributing open code without costly identity checks.