Washington – The Computer & Communications Industry Association is raising concerns about SB 1142, the “Digital Dignity Act,” and AB 2169, the “Digital Choice Act,” ahead of today’s hearing before the California Senate Committee on Judiciary and the Assembly Committee on Privacy and Consumer Protection, respectively. CCIA opposes both bills as currently drafted, citing significant constitutional concerns and conflicts with existing state and federal law.
CCIA warns that SB 1142’s notice-and-takedown framework raises serious First Amendment concerns by requiring platforms to remove content based on private reports without a prior judicial determination. This approach risks suppressing lawful speech, including satire, commentary, and news reporting, while incentivizing platforms to over-remove content to avoid liability. The association also notes that the bill’s broad and vague definitions could sweep in a wide range of protected expressions, creating uncertainty for both users and businesses.
The association also believes that AB 2169’s interoperability mandates could undermine user privacy and data security by requiring companies to create interfaces that allow third parties to access and transfer user data. These requirements could make it more difficult to safeguard sensitive information, increase cybersecurity risks, and impose technically infeasible obligations on covered businesses. CCIA also notes that the bill could raise First Amendment concerns by compelling platforms to facilitate the sharing of content and user connections in ways that conflict with their editorial discretion.
The association notes that both bills could conflict with existing California laws and may be preempted by federal law, including Section 230 of the Communications Act. By placing liability on platforms rather than bad actors and imposing rigid new requirements, the proposals risk creating unworkable compliance frameworks that fragment national standards and make consistent compliance more difficult.
The following statement can be attributed to Aodhan Downey, State Policy Manager, West Region at CCIA:
“While these bills aim to address real concerns, they take approaches that risk undermining free expression and creating confusion for platforms trying to comply. Requiring companies to act on unverified claims without judicial review invites the over-removal of lawful content, while imposing new mandates that could weaken privacy and security. California already has strong protections in place. Any new approach should build on those frameworks rather than creating conflicting requirements that are difficult to implement.”
