NetChoice sued California on November 12, 2024, over a law passed earlier this year that imposes harsh digital surveillance and limits access to information online. SB 976 forces the online companies covered to create significant barriers for Californians, restricting their access to lawful content unless they hand over sensitive, personal documentation. The law’s carve-outs are less about online safety and more about establishing a digital surveillance state, censoring free speech and targeting certain businesses.
SB 976 is a dangerous precedent that undermines core principles of free speech and privacy for all Californians. It mandates companies collect a vast amount of data from online users, especially children—and report it to the government annually. By requiring online companies to extensively track and verify users’ information, it places all Californians, especially minors, at heightened risk. This creates a honeypot of private data for cybercriminals, leaving minors and other vulnerable Californians at greater risk of data breaches and identity theft. Moreover, the law prevents websites from displaying personalized, age-appropriate content, instead pushing an agenda that restricts access to lawful speech rather than promoting real online safety.
SB 976’s uneven application makes it clear: it’s a form of censorship designed to target certain companies and silence their users. NetChoice is committed to challenging this unconstitutional law in court and protecting the rights of Californians to access information freely and securely. We are confident the court will recognize the serious threats it poses to First Amendment rights and online safety.
It is set to go into effect on January 1, 2025. NetChoice is suing to halt it as our case proceeds through the legal system.
Read our full complaint here.
Chris Marchese
Paul Taske
Court Filings
- NetChoice’s Complaint, filed November 12, 2024 in the U.S. District Court for the Northern District of California.
- NetChoice’s Request for a Preliminary Injunction, filed November 12, 2024 in the U.S. District Court for the Northern District of California.
- California’s opposition to the motion for preliminary injunction, filed December 3, 2024
- NetChoice’s reply brief supporting the preliminary injunction, filed December 9, 2024.
- Supplemental Briefing, filed December 11, 2024
- NetChoice’s supplemental brief
- California’s supplemental brief