The Electronic Frontier Foundation (EFF) is calling on California Governor Gavin Newsom to veto legislation that would effectively mandate age verification on social networks. In an open letter, the digital rights group argues that the measure would push companies toward privacy-invasive identity checks and could infringe on First Amendment protections.
The legislation, A.B. 1709, is set to become law unless Newsom rejects it. If enacted, the bill would take effect on January 1, 2027.
How the Bill Could Force Invasive ID Checks
A.B. 1709 does not explicitly require an online physical ID check. However, because of how the text is written, companies would be free to choose any method to satisfy the requirement. The EFF contends that the most likely outcome is invasive verification, such as uploading government-issued IDs or submitting to biometric scans.
According to the Foundation, this approach would concentrate even more power in the hands of social media companies by adding a Californian’s personal identification to their existing datasets. That data collection is not only vulnerable to abuse but also creates fresh targets for breaches. The EFF points to major incidents involving retail chain Target, credit-score firm Equifax, and UnitedHealth Group, all of which exposed millions of records later used in criminal impersonation attacks.
First Amendment and Feature Restrictions
The EFF also warns that A.B. 1709 may do more harm than good for teenagers by keeping them out of supportive online communities and denying them opportunities to develop their own voices and perspectives. The letter notes that research on whether social networks help or harm teens remains inconclusive, and that the bill could violate teens’ First Amendment rights.
There is a technical dimension to the objections as well. The text of A.B. 1709 includes provisions targeting algorithmic feeds, autoplay, endless scroll, and push notifications for users under 16. The EFF claims the wording is vague enough to be read as banning standard features of social networks. The bill also appears to allow the state Attorney General to adopt additional regulations aimed at curbing these so-called addictive features.
Legal Conflicts on the Horizon
The Foundation argues that A.B. 1709 is bound to be tied up in court regardless of whether Newsom signs it. Existing laws are likely to conflict with the new requirements rather than complement them. A.B. 1043 pushes age verification to the device level by revealing an age bracket, while S.B. 976 requires parental consent to enable certain social media features.
Additional challenges are expected over the bill’s potential impact on First Amendment rights. Should Governor Newsom allow the measure to pass, A.B. 1709 will take effect on January 1, 2027.
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