Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks and the adoption of instructional materials to the State Board of Education. Existing law requires the commission to consider incorporating the Model Library Standards into the next revision of the English language arts/English language development (ELA/ELD) curriculum framework after January 1, 2024, and to also consider incorporating media literacy content at each grade level. Existing law requires the commission to consider including the Model Library Standards, including media literacy content, in its criteria for evaluating instructional materials when the state board next adopts ELA/ELD instructional materials after January 1, 2025. Existing law requires the commission to consider incorporating media literacy content into the mathematics, science, and history-social science curriculum frameworks when those frameworks are next revised after January 1, 2024. Existing law requires the commission to consider including media literacy content in its criteria for evaluating instructional materials when the state board next adopts mathematics, science, and history-social science instructional materials after January 1, 2025. Existing law defines media literacy, for the above-described purposes, as the ability to access, analyze, evaluate, and use media and information and encompasses the foundational skills that lead to digital citizenship. This bill would specify that those skills include, but are not limited to, an understanding of, among other things, time management and healthy behaviors on social media, the permanency of sharing material online, and how to maintain personal security and identify cyberbullying, predatory behavior, and human trafficking on the internet.
Existing law, the Digital Age Assurance Act (DAAA) , beginning January 1, 2027, requires, among other things related to age verification with respect to software applications, an operating system provider, as defined, to provide an accessible interface at account setup that requires an account holder, as defined, to indicate the birth date, age, or both, of the user of that device for the purpose of providing a signal regarding the user's age bracket to applications available in a covered application store. Existing law defines the term "user" for these purposes to mean a child that is the primary user of a device. This bill would, among other things, delete that definition of "user," would specify that the requirement of an operating system provider to provide an accessible interface applies if an operating system operates on a device and has an account setup feature, and would require the signal to be provided to a covered application store or application developer, as prescribed. The bill would prohibit a person from requesting a signal with respect to a particular user from an operating system provider or a covered application store if not required to do so by the DAAA or any other applicable law.
Existing law requires a vlogger to compensate a minor under 18 years of age if the minor is engaged in the work of vlogging, as specified. Existing law generally provides for the protection of minors on the internet, including by imposing certain requirements on an operator of an internet website, online service, online application, or mobile application if it is directed to minors or the operator has actual knowledge that a minor is using it. Among those provisions, existing law requires the operator to permit a minor who is a registered user to remove content or information that the user posted on the operator's internet website, online service, online application, or mobile application, as specified. This bill would require a social media platform to provide a clear and conspicuous mechanism by which a child influencer, as defined, can request a vlogger, either directly or through a specified notice process, to delete or edit certain paid content that features the child influencer as a minor, as prescribed. The bill would require the vlogger to delete or edit the content so that the child influencer is no longer featured within 10 business days of receiving the request. The bill would define "vlogger" to mean a person who is a parent, legal guardian, or family member of a child influencer who shared images or video content featuring that child influencer constituting at least 30% of the person's content shared on social media platforms and who received compensation for sharing that content featuring the child influencer. The bill would authorize a child influencer to bring a specified civil action against a vlogger who violates the bill.
Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, develop, and the State Board of Education to adopt, modify, or revise, model curriculum frameworks, as specified. Existing law requires the commission, when the health curriculum framework is next revised on or after January 1, 2025, to consider providing for inclusion, in that curriculum framework, content on sextortion, as defined. Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education from instructors trained in the appropriate courses, at least once in junior high or middle school and at least once in high school. Under the act, this instruction includes, among other things, information about human trafficking. Existing law requires school districts, as part of the requirement of the California Healthy Youth Act that pupils receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses, to ensure the periodic conduction of continuation training to enable school district personnel to learn about new developments in the understanding of, among other things, human trafficking, and to receive instruction on current prevention resources, as provided. This bill would require the commission, when the health curriculum framework is next revised on or after January 1, 2027, to consider providing for inclusion in that framework content related to human trafficking and online safety, including how to prevent human trafficking, how to prevent exploitation for labor and services, how to stay safe from sexually exploitative materials and deepfakes online, foundational digital citizenship skills, and skills-based content that builds protective factors, as provided. The bill would require the topics considered to follow a cumulative, age-appropriate progression from kindergarten to grades 1 to 12, inclusive, as provided. The bill would require the State Department of Education to curate and maintain information on its internet website related to the above-described topics, and related recommended training for educators, as provided.
Existing law generally regulates artificial intelligence, including companion chatbots, as defined. Existing law requires an operator, as defined, to prevent a companion chatbot on its companion chatbot platform from engaging with users unless the operator maintains a protocol for preventing the production of suicidal ideation, suicide, or self-harm content to the user. Existing law requires an operator, for a user the operator knows is a minor, to take certain prescribed action, including disclosing to the user that the user is interacting with artificial intelligence. This bill would delete those provisions imposing requirements on an operator if the operator knows the user is a minor. The Digital Age Assurance Act requires a person who owns, maintains, or controls a software application, as defined, to request age bracket data sent by a real-time secure application programming interface or operating system with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. This bill would require an operator, as defined, of a companion chatbot to, beginning July 1, 2027, before making a new or substantially modified companion chatbot available to users in the state, do various things with respect to child safety, including perform and document a comprehensive risk assessment related to the design, configuration, and operation of the companion chatbot with respect to minor users that contains, among other things, a summary of the results of any evaluation of each covered harm, as defined, pertaining to the companion chatbot. The bill would require an operator to submit to independent child safety audits of its compliance with the bill, as specified. The bill would require an auditor to produce a report that describes whether the operator has established and adhered to policies and practices to comply with the bill that includes, among other things, the signature of the lead auditor certifying the results of the audit under penalty of perjury. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would authorize the Attorney General to, for cause, request and obtain a copy of an AI child safety audit report from the operator and would make a child safety audit report submitted to the Attorney General confidential. This bill would authorize certain public prosecutors to bring a civil action to enforce the bill's provisions, as specified, and would authorize a child who suffers an actual harm as a result of a violation of this chapter, or a parent or guardian acting on behalf of that child, to bring a civil action against the operator, as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the California Age-Appropriate Design Code Act, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with certain requirements, including, among other things, prohibiting the business from collecting, selling, sharing, or retaining any personal information that is not necessary to provide the online service, product, or feature, except as specified. Existing law imposes specified civil penalties upon a business that violates these provisions. This bill would repeal the above-described act and would instead impose similar provisions without the above-referenced exceptions and would impose civil penalties for a violation of these provisions. The bill would require a business that provides an online product or service likely to be accessed by children to take reasonable steps to prevent specified risks of harm to children. The bill would authorize a child to void any provision of a contract that was entered into by the child or their parent or guardian as a result of a design feature of the online product or service. The bill would authorize the Attorney General or a public prosecutor to bring a civil action for a violation of these provisions, as specified.
Existing law requires a social media platform to take certain actions with respect to child sexual abuse material on the social media platform, including requiring the platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the platform that the user reasonably believes meets certain criteria, including that the reported material is child sexual abuse material and that the reporting user is depicted in the material. Existing law also requires the social media platform to collect information reasonably sufficient to enable the platform to contact, as specified, a reporting user. Existing law defines child sexual abuse material for these purposes to include obscene matter that depicts a minor personally engaging in, or personally simulating, sexual conduct. This bill would revise the definition of child sexual abuse material to instead include an intimate visual depiction, as defined, of an identifiable individual who is a minor. The bill would additionally require the above-described mechanism to be clear and conspicuous, as defined, and would delete the requirement that the reporting user be depicted in the material. The bill would require a social media platform to, among other things, ensure review by a natural person if there is not an established or known hash match to child sexual abuse material with respect to the reported material and the reported material is not otherwise blocked. The bill would require a social media platform to restore availability or functionality of the reporting mechanism if the reporting mechanism is unavailable or nonfunctional. Existing law makes a noncomplying social media company liable to a reporting user for actual damages and statutory damages, as specified. This bill would instead make a social media company liable to a depicted individual, as defined, for actual and statutory damages, as provided. The bill would also impose specified civil penalties on a noncomplying company to be collected in a civil action by certain public attorneys, including the Attorney General. Existing law establishes the Survivor Support Fund within the state treasury and makes moneys in the fund available, upon appropriation by the Legislature, for grants by the California Victim Compensation Board to community-based organizations that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking. This bill would require any penalty collected in a civil action by the Attorney General under these provisions to be deposited into the Survivor Support Fund. Existing law prohibits a social media platform from knowingly facilitating, aiding, or abetting commercial sexual exploitation, as defined. Existing law deems a social media platform to have knowledge for the purposes of this prohibition if material was reported to the social media platform using the reporting mechanism for 4 consecutive months, as provided. Existing law exempts a social media platform from being deemed in violation of this prohibition if it instituted a specified audit program and provided to each member of its board of directors a true and correct copy of each audit, as prescribed. This bill would remove the requirement that material was reported for 4 consecutive months to deem a social media platform to have knowledge for the purposes of the above-described prohibition. The bill would, in order to be exempt from that prohibition, require the social media platform to also submit the audit to the Attorney General, and if requested, to certain other public officials. The bill would provide that an audit submitted as described above is confidential and shall be exempt from disclosure under the California Public Records Act. This bill would declare its provisions severable. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.
Existing law generally regulates artificial intelligence, including companion chatbots, as defined. Existing law requires an operator, as defined, to prevent a companion chatbot on its companion chatbot platform from engaging with users unless the operator maintains a protocol for preventing the production of suicidal ideation, suicide, or self-harm content to the user. Existing law requires an operator, for a user the operator knows is a minor, to, among other things, notify the user that the user is interacting with artificial intelligence and to disclose that companion chatbots may not be suitable for some minors, as specified. The Digital Age Assurance Act requires a person who owns, maintains, or controls a software application, as defined, to request age bracket data sent by a real-time secure application programming interface or operating system with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. This bill would require an operator, as defined, of a companion chatbot to, on or before July 1, 2027, do various things with respect to child safety and companion chatbots, including annually perform and document a comprehensive risk assessment to identify any child safety risk, as defined, posed by the design, configuration, and operation of the companion chatbot that assesses, among other things, the likelihood of a covered harm, as defined, occurring to child users. The bill would require an operator to submit to an independent audit of its compliance with those provisions, as specified, and would require, within 90 days of completing an independent audit, the auditor to submit an AI child safety audit report to the Attorney General for any audited companion chatbot. The bill would, except as specified, require those audit reports to be kept confidential. This bill would, beginning January 1, 2028, require the Attorney General to issue an annual public report on the audits submitted pursuant to the above-described provision, as specified. The bill would authorize a public prosecutor to bring a certain civil action to enforce the bill's provisions and would authorize a child who suffers actual harm as a result of a violation of this chapter, or a parent or guardian acting on behalf of that child, to bring a civil action against the operator to obtain, among other relief, punitive damages. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law, the Protecting Our Kids from Social Media Addiction Act, prohibits an operator of an addictive internet-based service or application from providing an addictive feed, as defined, to a user unless the operator does not have actual knowledge that the user is a minor, as specified, or the operator has obtained verifiable parental consent to provide an addictive feed to the user who is a minor. Existing law, the Digital Age Assurance Act, beginning January 1, 2027, requires a person who owns, maintains, or controls a software application, as defined, to request age bracket data sent by a real-time secure application programming interface or operating system with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. This bill would prohibit a covered platform, as defined, from providing an addictive feature, as defined, to a user who is under 16 years of age and would require a covered platform to implement reasonable measures to ensure that users under 16 years of age are not offered or provided any addictive feature on the covered platform. The bill would also authorize the Attorney General to adopt regulations to implement and enforce the bill in order to further the purpose of protecting minors online, including by altering the scope of "covered platform" if the Attorney General determines that doing so is necessary to ensure that "covered platform" applies to internet websites, online services, online applications, or mobile applications that make addictive features, as defined, available to users under 16 years of age. This bill would impose a civil penalty upon a noncompliant platform and would require its provisions to be enforced by a civil action brought only by the Attorney General or a local public prosecutor, as specified. This bill would also establish the e-Safety Advisory Commission within the Department of Justice as an independent advisory body that is only for administrative purposes to advise state government on certain matters related to online safety and would require the commission to, on or before January 1 of each year, report to the Legislature and the Governor on, among other things, its activities under the bill.
Existing law, the Digital Age Assurance Act, requires, beginning January 1, 2027, an operating system provider to provide an accessible interface at account setup that requires an accountholder to indicate the birth date, age, or both, of the user of that device for the purpose of providing a signal regarding the user's age bracket to applications available in a covered application store, among other things related to providing a uniform system for obtaining age information about a user of certain software applications. Existing law defines "user" for these purposes to mean a child that is the primary user of the device. This bill would establish the e-Safety Commission, as specified, and would require the commission to develop minimum age compliance guidelines for covered entities, as defined, review age assurance technologies used to implement the minimum age verification, and establish procedures for noncompliance investigations. The bill would require, on or before January 1 of each year, the commission to report to the Legislature and the Governor on its activities pursuant to the bill, as specified.
