AB 3339

Bill Subjects

Abstract

Existing law grants consumers certain rights in regard to businesses, as defined, that collect personal information about them, including the right to know what information is collected and the right to opt-out of the sale of that information. Existing law prohibits a business from selling personal information of consumers that the business knows are 16 years of age or younger unless that sale is affirmatively authorized. This bill would enact the Kids Internet Design and Safety Act for purposes of keeping children safe and protecting their interests on the internet. The bill would prohibit an operator of a platform directed to children, as defined, from incorporating certain features on any of its platforms, including, but not limited to, an auto-play setting that, without input from a covered user, as defined, commences additional video content directly following the video content initially selected by the user. The bill would prohibit an operator of a platform directed to children, or a platform for which the operator has constructive knowledge that covered users use the platform, from engaging in certain activities, including amplifying, promoting, or encouraging covered users' consumption of videos or other forms of content that involve sexual material or other dangerous, abusive, exploitative, or wholly commercial content. The bill would also prohibit an operator of a platform directed to children from engaging in certain activities, including directing content that includes host-selling, as defined, to covered users. The bill would provide that a violation of the act constitutes unfair competition. This bill would require an operator of a platform to only use age verification information collected from covered users for age verification purposes. The bill would require the Attorney General to promulgate, by January 1, 2026, specified regulations relating to the act, including an annual audit process for purposes of evaluating the level of compliance with the act. The bill would require the annual audit to be conducted for 25 platforms that are directed to children and that have the highest total number of covered users in the past calendar year. The bill would require the first annual audit to be completed by no later than January 1, 2027. The bill would also make related findings and declarations.