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Amending AB 1709 Doesn’t Fix It: California’s Social Media Ban Still Threatens Free Speech and Privacy
California lawmakers have amended A.B. 1709, but the core problem remains: the bill is still a ban on social media access for youth under 16, and it still threatens the privacy and First Amendment rights of all Californians.
Proponents of the bill may argue that the recent amendments represent a compromise, but a close look at the text shows no major changes. As the bill moves forward in the Senate, we must continue to urge lawmakers to vote NO.
Take Action: Tell Your Senator to OPPOSE A.B. 1709
A "Compromise" That Still Denies AccessUnder the newly amended Section 22683, platforms are prohibited from offering "addictive features" to users under 16. A platform can allow a minor to keep an account only if it strips away these features, which include what the bill calls "addictive feeds," auto-play, and anything else the Attorney General designates in future rulemaking.
However, the bill defines "addictive feeds" so broadly that it covers virtually every functional recommendation algorithm. The bill applies this label to any presentation of user-generated content recommended "in whole or in part, on information provided by the user." That includes basic inputs like who a user follows, what posts they like, or their self-expressed interests. By calling these basic tools and features “addictive," the bill also makes broad conclusions about the unsettled science behind social media use, youth, and addiction.
Because almost every major social media service uses automated feeds to deliver content, the end result of AB 1709 remains the same: young people under 16 will be denied access to major social media services as they currently exist.
Even if a platform attempts to comply by stripping away recommendation systems for minors, this still violates the First Amendment. Recommendation systems are the primary tools that users rely on to find speech and disseminate their own. Forcing young people onto a stripped-down, dysfunctional version of social media burdens their constitutional right to access information and participate in public discourse.
AB 1709 Still Forces Invasive Age VerificationThe amendments do not eliminate the privacy threats posed by age gating. Although the bill references the age-signaling framework in AB 1043, Section 22684 explicitly states that a covered platform "shall verify the age of a user” and makes platforms liable every time a person under 16 makes it through an age check.
Because AB 1043 does not actually specify how verification should occur without requiring additional proof, AB 1709 will, in practice, force platforms to implement the strictest forms of age verification. To comply, platforms will likely require users to upload government-issued IDs or submit to biometric scanning. Forcing users to turn over their personal information will create massive honeypots of sensitive personal data, destroying online anonymity and exposing users of all ages to security breaches. And relying on biometric systems to verify users’ ages is problematic because the systems have historically had high error rates estimating ages across race and gender lines.
Take Action: Tell Your Senator to OPPOSE A.B. 1709
Lawmakers Must Reject AB 1709The amendments to AB 1709 also introduce legal confusion, creating provisions that conflict with already enacted legislation like SB 976. Rather than providing clarity or protecting young people, AB 1709 creates a tangled regulatory scheme that sacrifices constitutional rights for political grandstanding.
Denying minors access to digital forums—or stripping those forums of the basic tools needed to navigate them—is censorship. California should not set a national precedent of cutting young people off from digital lifelines, communities, and speech.
We need to keep the pressure on as AB 1709 moves through the Senate. Contact your state senator today and tell them that minor tweaks to a bad bill do not make it good policy.
The SCREEN Act Threatens Privacy Far Beyond Adult Websites
The Senate Commerce Committee is set to consider S. 737, the SCREEN Act, a sweeping age-verification bill that would require online services to verify users’ ages before they can access any sexually explicit content. If this bill passes, it will force millions of adult internet users to give up their anonymity, privacy, and security before they access lawful speech.
Unlike many state-age verification laws—which have been harmful in their own right—the SCREEN Act has no requirement that a significant portion of the website consist of sexually explicit content that is harmful to minors. The bill requires nearly any service hosting even a single piece of sexually explicit content to verify the ages of its users. The result is that the bill would apply not only to adult content sites like PornHub or OnlyFans, but also streaming services like Netflix, and social media platforms like Reddit, Discord, or Bluesky, if they host any adult content.
The SCREEN Act does not merely require users to attest they are adults. It specifically states that “requiring a user to confirm that the user is not a minor shall not be sufficient.” In practice, that means platforms would have to verify users’ ages using methods tied to their real identities. Providing proof of age online is dramatically different, and far more invasive, than showing your ID at the door to a bartender or bouncer. In the physical world, the bouncer at the door looks at your ID card, confirms you’re old enough, and gives it back to you. Under the SCREEN Act, the “bouncer” will be a digital age-verification service that captures your personal information and saves it to a database for an unspecified amount of time.
The consequences of the bill won’t be limited to minors. If websites and apps are expected to reliably identify teenagers, adults will be asked to prove they are adults.
Even worse, the SCREEN Act is a privacy and data security nightmare. One provision of the bill requires services to take reasonable steps to protect the data collected and to not maintain for longer than is necessary. But these are terribly weak protections that impose no meaningful collection, use, or retention limits on services collecting people’s private information.
In other words, the third parties tasked with verifying a user’s age on a platform could sweep up a lot of personal info they don’t actually need and then could use that information for any number of purposes, so long as they deem their actions reasonable. Companies would then be allowed to keep the information users have been compelled to turn over for as long as possible, raising security and privacy issues along the way.
The SCREEN Act Attacks Your Right To Use VPNsThe SCREEN Act also targets virtual private network (VPN) users and providers. The bill requires covered websites to verify users' ages based on their IP addresses unless the service can determine that the user is outside the United States, and specifically requires age verification on traffic coming from known VPN addresses. In practice, this discourages the use of VPNs and proxy servers, which millions of people rely on for legitimate purposes such as protecting personal privacy, securing public Wi-Fi connections, safeguarding journalists and activists, and preventing data tracking.
VPNs mask your real location by routing your internet traffic through a server somewhere else. When you visit a website through a VPN, that website only sees the VPN server's IP address, not your actual location. It's like sending a letter through a P.O. box so the recipient doesn't know where you really live. VPNs are a privacy and security tool used by millions of internet users every day, and their use should not be treated as suspect. It is particularly galling that the SCREEN Act forces users who intentionally take steps to protect their privacy to identify themselves.
The SCREEN Act creates onerous age-verification rules that will block adults from accessing lawful speech, curtail their ability to be anonymous, and jeopardize the data security and privacy of all internet users.