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First Amendment · Section 230 · AI Liability Nerdy Skynet! June 05, 2026 |
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Coverage: 2026-06-02 through 2026-06-05 · 1 new development this period |
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Techdirt |
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One Step Forward, Two Steps Back: CA’s AB 1856 Exempts Open Source But Expands Age-Gating Techdirt · 2026-06-03 CommentaryThis EFF-authored post analyzes California's AB 1856, a legislative amendment to AB 1043's age-bracketing regime, arguing that while a new open-source exemption reduces harm to that ecosystem, the bill unconstitutionally expands mandatory age-gating to browsers and websites in ways that threaten users' First Amendment speech rights, anonymity, and privacy. The post explains that the age-gating liability structure effectively pressures platforms into age verification even without explicitly requiring it, creating barriers to lawful speech by adults and minors alike. This is directly relevant to the newsletter's coverage of government-mandated platform regulation, compelled speech/disclosure requirements, and the constitutional limits on state laws conditioning access to online speech. Key point: AB 1856's expansion of California's age-bracketing regime to browsers and websites compounds the constitutional harms of AB 1043 by imposing a liability structure that coerces invasive age verification, threatening users' anonymous access to lawful online speech in ways that implicate both First Amendment and anonymity doctrine. |
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Sources: CourtListener API ·
All 13 federal circuit RSS feeds ·
All 50 state supreme courts + intermediate appellate courts (8 states)
via Justia ·
Eric Goldman · Techdirt |