california enacts its own internet age-gating law California has taken a significant step towards enhancing online safety for minors by enacting a new internet age-gating law, known as the Digital Age Assurance Act.
california enacts its own internet age-gating law
Overview of the Digital Age Assurance Act
On October 6, 2023, California Governor Gavin Newsom (D) signed Assembly Bill 1043, which mandates that device operating systems and app stores require users to enter their age or date of birth when setting up a new phone or computer. This legislation is designed to provide a layer of protection for children navigating the digital landscape, where they are often exposed to content that may not be age-appropriate.
The new rules are set to take effect on January 1, 2027. For devices that are set up prior to this date, operating system providers—such as Apple and Google—must implement a mechanism that allows users to enter their ages by July 1 of that year. This timeline gives companies a window to develop and integrate the necessary systems into their platforms.
Penalties for Non-Compliance
One of the more striking aspects of AB 1043 is the financial penalties associated with non-compliance. Companies that fail to adhere to the new regulations could face significant fines. Negligent violations could result in penalties of up to $2,500 per child affected, while intentional violations could escalate to $7,500 per child. This tiered penalty structure underscores the seriousness with which California is approaching the issue of online safety for minors.
However, the law does provide some protections for companies. They are shielded from liability for “erroneous” age signals, as long as they make a good faith effort to comply with the new regulations. This provision aims to balance accountability with the practical challenges of accurately verifying users’ ages in a digital environment.
Governor Newsom’s Statement
In a statement accompanying the signing of the bill, Governor Newsom emphasized the urgent need for regulatory measures to protect children online. “We’ve seen some truly horrific and tragic examples of young people harmed by unregulated tech, and we won’t stand by while companies continue without necessary limits and accountability,” he remarked. Newsom’s comments reflect a growing concern among lawmakers regarding the potential dangers posed by unregulated technology, particularly for vulnerable populations like children.
He further stated, “We can continue to lead in AI and technology, but we must do it responsibly—protecting our children every step of the way. Our children’s safety is not for sale.” This sentiment resonates with a broader movement advocating for enhanced online safety measures, particularly in light of increasing reports of cyberbullying, exposure to inappropriate content, and other risks associated with unregulated internet use.
National Context and Legislative Trends
California’s new law is part of a broader trend of states enacting age assurance laws aimed at improving online safety for minors. Utah was the first state to pass an app store age verification law, followed by Texas and Louisiana. These legislative efforts have gained momentum largely due to advocacy from parents and child safety organizations, which have become vocal proponents of stricter regulations governing children’s online interactions.
Interestingly, Meta, the parent company of Facebook and Instagram, has diverged from its tech peers by supporting such age verification bills. This support shifts the responsibility for age verification onto app stores operated by companies like Apple and Google, rather than placing the onus on developers like Meta itself. This strategic positioning has allowed Meta to align itself with the growing movement for child safety while also mitigating potential backlash against its platforms.
Industry Reactions and Support
AB 1043 has garnered support from various stakeholders, including Google. Kareem Ghanem, Google’s senior director of government affairs and public policy, praised the legislation, calling it “one of the most thoughtful approaches we’ve seen thus far to the challenges of keeping kids safe, recognizing that it’s a shared responsibility across the ecosystem.” His endorsement highlights a growing recognition within the tech industry of the need for collaborative efforts to ensure the safety of young users.
However, the bill has not received unanimous support. Notably, Apple has not publicly backed the legislation, raising questions about its potential impact on the company’s operations. Additionally, the Motion Picture Association (MPA), which advocates for the film and television industry, has urged lawmakers to reject the bill. According to Politico, the MPA expressed concerns that the law could create confusion among streaming accounts where parents and children have different profiles, complicating the user experience.
Key Differences from Other Age Verification Laws
AB 1043 distinguishes itself from some other age verification laws by not requiring parental consent for app downloads. This aspect is particularly noteworthy, as many parents advocate for measures that allow them to maintain oversight of their children’s online activities. Instead, the California law focuses on age verification without imposing additional barriers that could hinder access to digital content.
Moreover, the law does not mandate that users upload sensitive documents, such as government-issued IDs, to verify their ages. This provision is significant, especially in light of the backlash against the UK’s Online Safety Act (OSA), which faced criticism for its stringent requirements. By avoiding such invasive measures, California’s law aims to strike a balance between safeguarding children and respecting user privacy.
Future Considerations and Legislative Adjustments
Despite its strengths, AB 1043 is not without its challenges. As the law approaches its implementation date, lawmakers, including Assemblymember Buffy Wicks, have indicated a willingness to fine-tune the legislation to address outstanding concerns. Wicks has expressed her commitment to working with stakeholders to ensure that the law effectively meets its objectives while minimizing potential confusion or unintended consequences.
The ongoing dialogue surrounding AB 1043 reflects a broader conversation about how best to protect children in an increasingly digital world. As technology continues to evolve, lawmakers will need to remain vigilant and adaptable, ensuring that regulations keep pace with the changing landscape of online interactions.
Implications for Stakeholders
The enactment of AB 1043 carries significant implications for various stakeholders, including tech companies, parents, and advocacy groups. For tech companies, the law presents both challenges and opportunities. Companies will need to invest in developing robust age verification systems, which may require significant resources and innovation. However, those that successfully navigate these requirements may enhance their reputations as responsible corporate citizens committed to child safety.
For parents, the law offers a sense of reassurance that measures are being taken to protect their children from harmful content online. However, it also raises questions about how effectively these measures will be implemented and monitored. Parents may need to remain engaged and informed about the evolving landscape of online safety regulations to ensure their children’s well-being.
Advocacy groups will likely continue to play a crucial role in shaping the conversation around online safety. Their efforts to push for stricter regulations and hold tech companies accountable will be essential in ensuring that the protections afforded by laws like AB 1043 are meaningful and effective.
Conclusion
California’s Digital Age Assurance Act represents a significant development in the ongoing effort to enhance online safety for minors. As the law prepares for implementation, it will be crucial for stakeholders to collaborate and adapt to the evolving landscape of digital interactions. The challenges posed by unregulated technology necessitate a proactive approach, and AB 1043 is a step in that direction. As the state continues to lead in technology and innovation, it must also prioritize the safety and well-being of its youngest users.
Source: Original report
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Last Modified: October 13, 2025 at 10:37 pm
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