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Design Codes and the Courts

Justin Hendrix, Dean Jackson / Aug 18, 2024

Audio of this conversation is available via your favorite podcast service.

On Friday, August 16, the United States Ninth Circuit Court of Appeals issued a ruling in NetChoice v. Bonta, partially upholding and partially vacating a preliminary injunction against California's Age-Appropriate Design Code Act. The court affirmed that certain provisions of the law are likely to violate the First Amendment by compelling online businesses to assess and mitigate potential harms to children, but it vacated the broader injunction, remanding the case to the district court for further consideration of other parts of the statute, including restrictions on the collection and use of children's data.

In this episode, Justin Hendrix recounts the basics of the Ninth Circuit ruling. And in a second segment that was recorded just days before Friday's ruling, Tech Policy Press fellow Dean Jackson is joined by Tech Justice Law Project executive director Meetali Jain and USC Marshall School Neely Center managing director Ravi Iyer for a discussion on key questions that were before the Ninth Circuit and their implications for future efforts at tech regulation.

A transcript of this discussion is forthcoming.

Authors

Justin Hendrix
Justin Hendrix is CEO and Editor of Tech Policy Press, a nonprofit media venture concerned with the intersection of technology and democracy. Previously, he was Executive Director of NYC Media Lab. He spent over a decade at The Economist in roles including Vice President, Business Development & Inno...
Dean Jackson
Dean Jackson, a contributing editor at Tech Policy Press and principal of Public Circle LLC, was the analyst responsible for the January 6th Committee’s investigation into the role of large social media platforms in the insurrection. As a freelance writer and researcher, he covers the intersection b...

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