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NetChoice v. Bonta (California, 2024)

Key Takeaways:
NetChoice has filed a lawsuit against California's SB 976, a law that requires massive surveillance on Californians' online activities, violating free speech, privacy online safety. SB 976 forces covered companies to restrict access to lawful information unless users submit their private documents, prioritizing government surveillance and censorship over genuine online protection. If it goes into effect, this law would create dangerous data risks and fail to help a single Californian—especially children—be safer online.
What's At Stake
  • SB 976 violates First Amendment rights by requiring Californians to surrender personal documentation to access lawful speech online.
  • It requires covered companies conduct extensive data collection and identity verification, effectively mandating government surveillance of online activities.
  • By creating a honeypot of Californians' sensitive data, SB 976 exposes all users, especially minors, to heightened risks of cybercrime and data breaches.
  • It selectively targets politically disfavored businesses, prioritizing censorship over true online protection.
Case Brief

Case Status: Complaint and Request for a Preliminary Injunction Filed

Latest Update: November 12, 2024

Attorneys:
Steve Lehotsky Scott Keller Jeremy Evan Maltz Jared Magnuson Josh Morrow

Firms:
Lehotsky Keller Cohn

Timeline
  • District Court
    November 12, 2024, Complaint and Request for a Preliminary Injunction Filed

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

Link to bio

Paul Taske

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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.