Washington – The Computer & Communications Industry Association will testify today before the California Senate Judiciary Committee in opposition to AB 2, warning that the legislation raises significant constitutional concerns, threatens user privacy, and could produce unintended consequences for minors, families, and online services.
CCIA’s testimony notes that the bill fails to clearly define key concepts related to what constitutes harmful content, creating uncertainty for businesses attempting to comply with its requirements. Combined with statutory penalties of up to $1 million per violation, the legislation could encourage a wave of costly litigation and pressure platforms to over-censor content in an effort to avoid liability.
The association also warns that AB 2 could create incentives for companies to weaken or eliminate end-to-end encryption in private messaging services. In order to monitor and moderate communications that could potentially create liability under the bill, platforms may be forced to surveil private messages, undermining user privacy and weakening important cybersecurity protections relied upon by millions of consumers.
CCIA notes that AB 2 may conflict with federal protections under Section 230 of the Communications Decency Act by imposing liability on platforms for user-generated content and the tools used to share and discover that content online. The association argues that these legal concerns should be carefully considered before advancing the legislation.
For many young people, online services provide access to educational resources, mental health support, community connections, and opportunities for self-expression. Policymakers should carefully evaluate whether broad liability standards could unintentionally limit access to those resources while creating significant legal uncertainty for businesses of all sizes.
The following statement can be attributed to Aodhan Downey, State Policy Manager, West Region at CCIA:
“AB 2 creates an unworkable liability framework that relies on vague standards, threatens user privacy, and raises serious constitutional concerns. Faced with significant litigation risk and penalties of up to $1 million per violation, platforms will be incentivized to over-restrict content, limit services for young users, and potentially weaken privacy protections like end-to-end encryption. Efforts to protect children online should be carefully tailored to address specific harms without undermining free expression, privacy, or access to valuable online resources.”
