FOSI Public Comments in response to California’s Proposed Rulemaking for SB 976 – Protecting Our Kids from Social Media Addiction Act

The Family Online Safety Institute (FOSI) appreciates the opportunity to contribute to the State of California Department of Justice’s Proposed Rulemaking for SB 976, the Protecting Our Kids From Social Media Addiction Act.

FOSI has done extensive work on effective methods of assurance and has developed a core set of principles for all online platforms that want to utilize these tools. In addition to our work on age assurance, FOSI closely follows the development of state, federal, and international laws and regulations regarding kids’ online safety. Within the US context, regulating online life for minors has been a challenge, in part because of the implications for balancing access, privacy, and free expression for all users, even adults. One approach to regulating this space has been to address the algorithms that organize content for users rather than addressing speech itself. While there is still some regulatory overlap between speech and algorithms in terms of First Amendment protections, addressing certain specific features on platforms appears to be a more suitable solution. 

In this response to California’s proposed rules, we outline several considerations for SB 976 to ensure children continue to have access to safe spaces on the internet and how the law can ultimately be effective while minimizing unintended consequences. FOSI applauds California for offering stakeholders the ability to comment on the proposed rules to ensure the final outcome of SB 976 is best for kids and their families.