yes!! It’s so interesting to me why people on other platforms do it too. It’s just… seemingly become a norm to follow TikTok lingo?

so... i didn't at all follow how the court distinguishes from Playboy, esp. in footnote 9.

Nothing <3

And worth noting that last summer's Moody decision came up, highlighting that NetChoice has a more difficult job now in bringing a pre-enforcement facial challenge. I think that will be a consideration in whether the preliminary injunction is granted, and which parts of the law it'll cover.

The hearing went on for 4+ hours but the sense I got is that while the entire law is unlikely to be enjoined at this stage, the severability question seems really up in the air, and there are still significant constitutional questions with the AADC.

(My two cents is that I don't think the law would have passed without the right to cure, but we'll see how this shakes out)

A key part of this hearing was getting into the severability of the statute. Bc the DPIA provision is enjoined, this means companies could not avail themselves of the 90 day right to cure. Lots of discussion of the legislative history and whether AADC would've passed without the right to cure.

State kept emphasizing that TECHNICALLY it says either estimate the age of child users "with a reasonable level of certainty appropriate to the risks that arise from the data management practices" OR apply child-friendly protections to everyone. Judge said "or" is a really bad part of the statute.

- Judge also took issue with the age estimation requirement, again unsurprising. She explicitly noted the impacts to ALL individuals, not just children.

- Judge took greatest issue with the requirement to enforce published terms and community standards. Personally, I don't find this surprising!

- And related to the record, the judge generally was interested in exploring non-social media applications of the law and it seems like the record maybe doesn't support those as well. Recall that the California AADC applies to ALL services likely to be accessed by children under 13.

- Judge explicitly noted that she's unlikely to enjoin the dark patterns provision, not necessarily on substance but that there's not enough in the record. And as a fun aside, she mentioned that "dark patterns" is a terrible word.