​The Ninth Circuit's New Roadmap: Navigating the Future of Child Safety Laws

By Brett Fletcher 

​If you’ve been following the ongoing tug-of-war between tech industry groups and state legislatures over kids' online safety, you know it’s been a chaotic legal battleground. But a recently published report, The Ninth Circuit Provides a Potential Roadmap for Future Child Safety Laws (May 15, 2026), highlights a massive turning point.

​Over the past year, the Ninth Circuit Court of Appeals has issued a series of decisions—most notably in NetChoice v. Bonta regarding the California Age-Appropriate Design Code Act (CAADCA)—that dismantle the idea of broad tech immunity. Instead of striking down child safety laws in their entirety, the court has provided a clear, constitutional roadmap for how lawmakers can protect children online without running afoul of the First Amendment.

​Here is a breakdown of the key takeaways from the Ninth Circuit's recent rulings and what they mean for the future of digital regulation.

​1. "Audience" Does Not Equal "Content"

​One of the tech industry’s primary defense strategies has been to claim that any law regulating online platforms is a "content-based" restriction, which would subject the law to strict First Amendment scrutiny. The Ninth Circuit rejected this argument for broad safety laws.

​The court clarified that a law applying to businesses "likely to be accessed by children" is not inherently content-based. Regulating a platform based on its audience composition relies on data and demographics, not on the specific viewpoints or nature of the posts being published. This distinction gives lawmakers the green light to craft safety and privacy obligations geared specifically toward younger users.

​2. Age Estimation is Not Inherently Unconstitutional

​Perhaps the biggest win for online safety advocates is the court’s stance on age estimation. The tech industry heavily argued that forcing platforms to estimate users' ages would suppress free speech.

​The Ninth Circuit disagreed, noting that the purpose of the age estimation matters. In the case of the CAADCA, the goal of age estimation is to trigger baseline privacy and data protections—not to restrict access to lawful content. Because businesses can choose to simply default to high privacy settings for all users rather than verify ages, the court found that age estimation, when used for data protection, does not automatically violate the First Amendment.

​3. Specificity is the Ultimate Requirement

​While the Ninth Circuit gave the green light to several regulatory concepts, it also issued a stark warning: vague laws will not survive.

​The court upheld the injunction against several provisions of the CAADCA because they relied on highly subjective language. Terms prohibiting tech companies from using data in ways that are "materially detrimental" to a child or requiring actions to be in the "best interests of children" were struck down for being unconstitutionally vague. The court noted that these phrases fail to give businesses fair notice of what specific conduct is actually prohibited (e.g., does "detrimental" include sleep loss or hurt feelings?).

​What This Means for the Future

​The Ninth Circuit’s recent rulings effectively split the difference, showing that online safety and the First Amendment can coexist. Moving forward, state and federal lawmakers have a distinct playbook to follow:

• ​Focus on Design and Privacy: Laws that mandate high default privacy settings, data minimization, and transparency are much more likely to survive legal challenges than laws that try to dictate what content minors can see.
• ​Draft with Precision: Legislators must avoid broad, aspirational language like "well-being" or "best interests." Future bills will need to specifically outline the exact technical actions, data usages, and dark patterns that are prohibited.

• ​Age-Appropriate Settings Are Here to Stay: With parts of the CAADCA now enforceable, tech companies operating in California (and likely soon elsewhere) will have to provide high-level default privacy settings, obvious monitoring signals, and age-appropriate policy disclosures.

​The Bottom Line

​The "Wild West" era of the internet is slowly being fenced in, but the courts are demanding that the fences be built with constitutional precision. The Ninth Circuit has proven that tech industry groups can no longer rely on sweeping, generalized First Amendment arguments to invalidate entire safety statutes. For advocates and lawmakers, the roadmap is clear: focus on privacy, target the product design, and above all, be specific. 

National Organizations for Child Safety

​If you want to report a missing child, suspected child exploitation, or get involved with advocacy on a larger scale, you can contact these organizations:

​#### National Center for Missing & Exploited Children (NCMEC)

• ​24-Hour Hotline / CyberTipline: 1-800-THE-LOST (1-800-843-5678)

• ​Report Online: You can submit a tip at report.cybertip.org or cybertipline.com.
• ​Volunteer Email: volunteer@ncmec.org

• ​Training Staff Email: training@ncmec.org
• ​Ways to Get Involved: You can become an NCMEC Ambassador, sign up for the ADAM Program to receive alerts in your area, participate in events, or donate.

​#### Federal Bureau of Investigation (FBI)

• ​General Tips: Contact the FBI online at tips.fbi.gov.

• ​Immediate Danger: Call 911. You can also contact your local FBI field office or international office immediately regarding a missing child.

​#### Homeland Security Investigations (HSI)

• ​Tip Line: 1-866-DHS-2-ICE (1-866-347-2423)

• ​Report Online: ice.gov/tips

​#### Other Helpful Resources

• ​ChildHelp National Child Abuse Hotline: 1-800-4-A-CHILD (1-800-422-4453) or visit childhelp.org/hotline.

• ​National Center for Victims of Violent Crime (Victim Connect): 1-855-4VICTIM (1-855-484-2846) or visit victimsofcrime.org.

• ​Office for Victims of Crime (OVC): 1-800-851-3420 or visit ovc.ojp.gov.

​

Brett Fletcher / Trinity Mount Ministries 

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New report urges legislation to address addictive social media algorithms harming children

 BRIANNA KRAEMER

The North Carolina Department of Health and Human Services has advised lawmakers to take action against addictive social media algorithms that officials say are harming youth mental health across the state.

The Child Fatality Task Force released its 2025 annual report this week, offering recommendations on how the governor and the General Assembly can create policies they say will save lives. The report offers 11 recommendations that address a range of issues that threaten child health and safety, including teens spending an average of 3.5 hours per day on social media.

“Frequent social media use may be associated with changes in the developing brain,” the report reads. “Youth who spend more than three hours a day on social media face double the risk of poor mental health.”

According to DHHS, one-quarter of adolescents perceive that they are “moderately” or “severely” addicted to social media. Data shows 78% of 13- to 17-year-olds report check their devices hourly and 46% check almost constantly (compared to 24% in 2018).

Social media use can interfere with sleep, and poor sleep is linked to physical and mental health issues, risky behaviors, poor school performance, and altered brain development. Many experts and national organizations are expressing concern and issuing advisories about the impact of social media on youth mental health.

“Children and adolescents on social media are commonly exposed to extreme, inappropriate, and harmful content, and those who spend more than 3 hours a day on social media face double the risk of poor mental health including experiencing symptoms of depression and anxiety,” stated a US Surgeon General’s Advisory.

House Bill 644 was introduced in 2023 to combat social media addiction. Though it had bipartisan support, it failed to garner substantial action in the House.

Other proposals include more spending to increase the number of school nurses, social workers, counselors, and psychologists. To address firearm safety, the DHHS officials call for recurring funding of $2.16 million for the NC S.A.F.E. Campaign, which educates the public about safe firearm storage. In his previous role as North Carolina’s attorney general, Stein targeted social media platforms multiple times.

In 2024, Stein joined 12 other states in suing TikTok, alleging it was purposely designed to keep children addicted. In October 2023, Stein and more than 40 other bipartisan attorneys sued Meta, which owns Facebook and Instagram, alleging a similar claim that the platforms were purposefully designed to be addictive to children.

While the report endorses legislation targeting addictive social media algorithms, officials provide additional recommendations to address youth suicide, promote mental health, and prevent firearm deaths and injuries among children. 

The full list of legislative recommendations from the Child Fatality Task Force are:

• Raise the legal age for tobacco product sales from 18 to 21 and require licensing for retailers.
• Prevent child access to intoxicating cannabis by regulating sales, packaging, and retailer permits.
• Increase investment in early child care, including child care subsidies.
• Fund more school nurses, social workers, counselors, and psychologists.
• Address addictive algorithms in social media that harm children.
• Provide $2.16 million for the NC S.A.F.E. firearm safe storage campaign.
• Strengthen firearm storage laws to protect minors.
• Funding to prevent sleep-related infant deaths.
• Fund Medicaid reimbursement for doula services throughout pregnancy and postpartum.
• Legislation for Fetal and Infant Mortality Reviews (FIMR).

Update child passenger safety laws to reflect best practices.

NCGA_2025-CFTF-Annual-Report-Web-FinalDownload

Grassley Opening Statement on Ensuring Children’s Safety in the Digital Era

 

Prepared Opening Statement by Senator Chuck Grassley of Iowa

Chairman, Senate Judiciary Committee

 Hearing on “Children’s Safety in the Digital Era: Strengthening Protections and Addressing Legal Gaps”

Wednesday, February 19, 2025

 

Good morning. In today’s digital era, our young people face risks that previous generations couldn’t have imagined. Even though technology brings amazing opportunities for education and growth, it also opens the door to new dangers that we must confront. This isn’t the first hearing we’ve had on this issue. And unfortunately, it probably won’t be the last.

 

We held a hearing on this same subject roughly a year ago, when we brought in CEOs from some of the largest social media companies to discuss safety issues on their platforms. And we held a similar hearing a year before that.

 

On the one hand, this is alarming because the problem is getting worse. In 2023, for instance, the NCMEC CyberTipline received 36.2 million reports of suspected online child sexual exploitation, a 12% increase over 2022. And even though the numbers haven’t been published for 2024, I hear they’re only expected to go up.

 

Additionally alarming are the new technologies that are being used by bad actors to exploit children online. Predators can use Generative AI, for instance, to take normal images of children and manipulate them to create novel forms of CSAM. In 2024 alone, NCMEC reported over 60,890 instances of Generative AI CSAM.

 

Despite this, so far, Congress has enacted no significant legislation to address the dangers children face online. And tech platforms have been unhelpful in our legislative efforts. Big Tech promises to collaborate, but they’re noticeably silent in supporting legislation that would effect meaningful change. In fact, Big Tech’s lobbyists swarm the Hill, armed with red herrings and scare tactics, suggesting that we’ll somehow break the Internet if we implement even modest reforms.

 

Meanwhile, these tech platforms generate revenues that dwarf the economies of most nations. How do they make so much money? By compromising our data and privacy, and by keeping our children’s eyes glued to the screens through addictive algorithms.

Indeed, in one recent study, 46% of teens reported that they are online “almost constantly.” This has had severe mental health consequences for adolescents. It has also led to a rise in sexual exploitation, as some algorithms have actually connected victims to their abusers.

 

Should tech platforms be allowed to profit at the expense of our children’s privacy, safety and health? Should they be allowed to contribute to a toxic digital ecosystem without being held accountable? I believe the answer is clear. When these platforms fail to implement adequate safety measures, they are complicit in the harm that follows, and they should be held accountable.

 

That said, there are some signs of encouragement. Just as new technologies are being developed that exacerbate harms to children online, so too are technologies being developed to combat exploitation. For example, with AI rapidly evolving, open-source safety tools are being developed to recognize and report CSAM. Some of the witnesses here today will be able to speak to these tools.

 

Additionally, on a Committee with some of the most diverse viewpoints in the Senate, we’ve advanced bipartisan legislation that addresses legal gaps in our current framework—especially those related to the blanket immunity that Section 230 provides.

 

Last Congress, for example, we reported several online safety bills out of Committee with overwhelming bipartisan support. And there are a number of bills that are being considered and refined this Congress, which we’ll give attention to in due course.

 

That being said, we can’t come up with a wise and effective legislative solution without first understanding the nature and scope of the problem. That’s why we’re here today. Our witnesses come from various backgrounds and represent diverse perspectives, all of which point to the need for our Committee to improve legislation and continue working to keep our kids safe.

‘We have the internet, it’s not going away’: How to keep children safe online

Natalie Faas News10NBC

ROCHESTER, N.Y. — The Spencerport superintendent is encouraging families to ask their children about their online activity after a middle school teacher was arrested on child pornography charges. Ian Milam of Pittsford is a sixth grade math teacher at Cosgrove Middle School in Spencerport. 

Greece Police started investigating him back on May 3. Prosecutors say Milam posed as a high school student on Snapchat and sent and received sexually explicit photos and videos with young girls. 

Since that arrest News10NBC has been hearing from parents rattled by the disturbing allegations.

Parents are wondering what they can do to keep their children safe. News10NBC’s Natalie Faas spoke with the Bivona Child Advocacy Center on Wednesday to see what advice they could offer.

The people at Bivona deal with cases of child abuse in all forms. They are trained to teach both children and adults how to prevent, respond and react to abuse and how to stay safe in all environments.

Bivona’s outreach work is all about educating children and adults. The experts help kids learn how and when to tell a safe adult that they need help. They work with adults on how to react if their child tells them someone is hurting them, and what they should do. 

A major focus is on online safety. With social media constantly evolving, it can be hard to keep up. 

Bivona keeps an extensive database of child safety resources — like a list of apps that parents can use to monitor what their children are doing on their devices, and who they are interacting with. 

“Check your children’s phones, check your children’s devices on a regular basis,” explains Danielle Lyman-Torres, president and CEO of Bivona Child Advocacy. “Make sure you have some settings on there, some parental settings, especially for younger children to maybe block some content. The reality is that we have the internet, it’s not going away, and we are not going to be able to keep children from using it. But we need to be sure that we are being vigilant and checking.”

If you want to know more or need Bivona’s help, they can be reached at (585)935-7800 or click here for their website.

TikTok to filter ‘mature or complex’ videos as child safety concerns mount

By  Theo Wayt

TikTok will start blocking underage users from seeing "mature or complex" content.SOPA Images/LightRocket via Getty Images

TikTok said it is rolling out a new feature designed to stop underage users from seeing videos with “mature or complex themes” amid mounting scrutiny over the wildly popular video app’s effect on children

The move comes as TikTok faces wrongful death lawsuits filed earlier this month in California by parents who alleged that their eight and nine year-old children died after trying to recreate “blackout challenge” videos that had been served to them through TikTok.

In an effort to protect underage users from “content with overtly mature themes,” TikTok is introducing a ratings metric the company says is similar to systems used in the film, television and video game industries. 

TikTok will start introducing “maturity scores” in the coming weeks, the company said in a blog post.

     TikTok is cracking down on “mature” content.

     TikTok 

“When we detect that a video contains mature or complex themes, for example, fictional scenes that may be too frightening or intense for younger audiences, a maturity score will be allocated to the video to help prevent those under 18 from viewing it across the TikTok experience,” TikTok’s head of trust and safety Cormac Keenan said in a blog post. 

In addition to the maturity score feature, TikTok is introducing another tool for all users that twill allow users to manually block videos with certain words or hashtags from both their “Following” and “For You” feeds. 

For example, vegan users can block videos about dairy or meat recipes, Keenan said. 

Scrutiny of TikTok, which is owned by Beijing-based ByteDance, ranges far beyond the “blackout challenge.” 

          An example of TikTok’s new filter tool. 

          TikTok 

American lawmakers have raised concerns about TikTok serving videos glorifying eating disorders and self-harm to children suffering from such conditions. They have also questioned whether TikTok shares data with the Chinese government, a practice the company has denied. 

In addition, consumer protection advocates have raised concerns about the spread of misleading advertisements for sketchy payday loans on TikTok, as exclusively reported by The Post in June. 

Following The Post’s reporting, TikTok banned several of the ads. 

Thorn - Keeping your kids safe online in the age of COVID: Usable tips for parents - PARENTING PREVENTION

By James, Thorn Staff 

As a parent, I’m concerned.

Not only am I worried about my family’s health in the midst of a once-in-a-century pandemic, but I’m figuring out how to run a school out of my dining room, learning how to work with my spouse a few feet away from me at all times, and my cat needs ear drops twice a day.

Since I work at Thorn, I’m also acutely aware of the fact that children are spending way more time online—at least 50% more time on screens for ages 6-12—and now I’m hearing about Zoombombing, where nefarious users hack into Zoom sessions, including elementary school lessons, to share abusive content. I’m not used to hearing about child safety from the news — I usually hear it from my team first. But these days, we’re all in this together.

I know I need to have some really important and difficult conversations with my child about staying safe online right now. Parenting a child with both special needs and a proclivity for technology, I’m constantly striving to balance keeping their digital experience safe while adjusting to a sudden increase in our reliance on technology as a family.

I recognize that I sit in a privileged position in the grand scheme of things, being able to continue working remotely on a mission that I care deeply about. But regardless of where we are in the world or what our daily lives look like right now, parents the world over are facing the same dilemma as me: how do I keep my child safe online — not only right now, but in a future that is based in technology?

My colleagues at Thorn, and our partners in the child-safety community, have been developing and sharing resources that make both my day-to-day parental duties and those tough conversations a little less intimidating.

My hope is that these tips are approachable, pragmatic, and helpful, and in no way act as a source of stress for caregivers that already have a lot to balance.

Here’s how to start thinking about, talking about, and addressing online child safety with your kids in the age of COVID-19:

Ask your kids to teach you about their favorite apps

Adobe//georgerudy

For children that have their own devices, this is the perfect time to ask about the apps and games they use the most. But don’t stop there: take it a step further and let your kids actually show you how to download and use their favorite apps and games.

By letting your child become the teacher, it gives you a chance to hear directly from them how, when, and why they use these apps. You are invited into their world and see it through their eyes. And most importantly, you’ll see how the games work, where it’s easy to meet new people, which behaviors are risky and which aren’t, so you can help your child navigate their digital world.

This is critical information that takes guesswork out of the equation and also reveals where safety issues might arise. Now when you have conversations with your kids about online safety, you’ll be able to speak their language.

Participate in online trends with your kids
You’ve heard of TikTok, but have you completed the latest viral challenge?

Ask your kids about the viral challenges they’re seeing on TikTok and which one you can do together. That might mean acting a bit silly or feeling a little awkward at first, but it’s both great bonding time and an opportunity to learn more about the platform.

Again, let your kids lead the way here. It’s a chance for them to teach you something, which they don’t often get to do, and a fun way to spend time together while still allowing the kids to interact with technology.

Talk to your kids about sharing content

Times have changed, and just as many adults share suggestive pictures with their partners, sexting is also more common among youth. One recent survey found that as many as 40% of kids are exposed to a sext by the age of 14.

That means content sharing of nude or partially nude images isn’t just an issue that applies to teenagers, but something any child interacting with a device should be aware of.

As a parent, I know just how uncomfortable and awkward this conversation can be. Thankfully, StopSextortion.com has some excellent resources for caregivers on how to start the conversation. There’s also important information on what to do if your child has had an image of themself shared beyond the intended recipient without their consent, and the next steps to take.

Check out the Stop Sextortion site for more ideas to explain the risks of self-generated content.

Know the words “sextortion” and “grooming”

We’ll go into these in more depth in future posts, but sextortion and grooming are two important risks for you to know when keeping kids safe online.

Grooming refers to the tactics used by online predators to convince or coerce children into making and sharing sexually exploitative content. Grooming can take a variety of forms, but hinges on creating trust and leveraging vulnerabilities.

Sextortion refers to the coercion that can happen after that content is produced. For example, through grooming a child may be convinced to share a nude, partially nude, or sexually suggestive image of themself, which predators then use as leverage to coerce a child into further sexual exploitation. This could take the form of a predator pretending to be a child’s peer through text chat, gaining their trust and coercing them to share an image. Once that one image is shared, predators use it as leverage to coerce them into sharing more.

One easy way to get the conversation started? Tell younger kids that if they ever receive a message or interaction from someone they don’t know on any platform, from video games to social media or texts, to never respond and come straight to you.

We’re looking forward to diving into these topics and sharing directly from our team of experts over the coming months. Subscribe to our emails below and follow us on social media to be the first to see our future deep dives on these topics.

Become your kids’ safety net

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For older children in particular, but young ones as well, make sure they know you’re a safe person to come to, even if the thought of them sharing content makes you feel afraid or frustrated.

I think of how my parents always told us that if we were ever in a situation where people were drinking and we needed a ride home, to call them and they would pick us up no questions asked. This message was coupled with frank conversations about the risks of drinking, and about my parents expectations that I not be drinking, but I felt safe enough to ask for help when I needed it. I trusted that I had a safety net.

Make sure your kids know you’re a safety net. And also make sure they’re aware of resources like the Crisis Text Line, where kids can go if they don’t feel comfortable approaching adults.

Make sure classroom video meetings (and peer video chats) are secure

Schools are doing an exceptional job pivoting to remote learning, but with so much going on it can be easy to miss some key steps in keeping everything secure. And some companies have been caught off guard by the massive increase in users which have in turn exposed security flaws.

You can help by keeping an eye out for some basic security practices:

• Ensure video chats are always private, and when possible, password protected.
• Don’t share meeting links outside of private messages (like emails or texts).
• Designate someone to be the meeting supervisor, who will manage participants and watch for uninvited guests. For most conferencing apps this will default to whoever set up the meeting.
• Ensure everyone has installed the most up-to-date version of the app. Zoom, for example, has recently been adding new security features every few days.

Make sure schools and your kids are using these basic security protocols for video chats—and talk to them if you find they aren’t. We’re all in this together, and shared knowledge can make the whole community safer.

Report abuse content and sextortion—and never share it

No matter where, when, or how it happens, if you or your kids come across CSAM, report it. If you’re not sure what constitutes CSAM, it is legally defined as any visual depiction of sexually explicit conduct involving a minor (a person less than 18 years old). This can include images, video, audio, and any other content type.

You should report it to whichever platform you find it on, and be sure to also report it to the National Center for Missing and Exploited Children (NCMEC). NCMEC is the clearinghouse for all reports of CSAM, but they also field reports from online platforms. Cover all your bases in this case.

And remember: never share abuse content, even if you’re trying to report it. It’s actually illegal, no matter your intentions, and can keep the cycle of abuse going.

Use existing resources

• NCMEC’s Netsmartz cartoon is a great way for young children to learn about staying safe online while also being entertained.
• The Zero Abuse Project has compiled 25 tips for responding to child abuse during a pandemic.
• Child Rescue Coalition has some additional tips for keeping Zoom meetings safe.
• The Global Partnership to End Violence Against Children has compiled useful, evidence-based resources for positive parenting during a pandemic.
• Common Sense Media can help to provide guidance for parents on apps, games, and websites.
• The Family Online Safety Institute has developed resources for digital parenting.
• And if anxiety is high and you or your kids just need to talk to someone, you can contact the Crisis Text Line 24 hours a day, 7 days a week. As a remote organization, they are well equipped to connect you or your kids to resources, whether they need help with a potentially abusive situation or just feel anxiety due to the COVID-19 pandemic.

Start the conversation wherever you’re most comfortable – but start it

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Online safety is an ongoing conversation that will likely change and grow as quickly as your kids. It’s not always easy to broach these topics, but starting wherever you are most comfortable and taking it in steps can help.

These conversations can happen more organically if you’re spending time with them on the apps they use and showing interest in learning about the virtual world in which all of our children are growing up.

Importantly, one instance in which you should react immediately is if you discover CSAM content or find that your child’s images have been shared without their consent. Reporting content as quickly as possible can help mitigate long-term harm. For more info on getting content removed, check out NCMEC’s guide.

The new normal

Parenting is really different today than it was a few months ago, and it’s going to be that way for a significant amount of time. We’re not always going to have all the answers, and just being here and learning more is a great first step.

We’re all in this together, and together we will be able to best defend our children from online sexual abuse. You are not only a part of a global ecosystem of parents and caregivers, but a community of people dedicated to eliminating child sexual abuse from the internet, which Thorn and our partners work toward every single day.

No matter what you’re doing, or how you’re doing it, thank you for being a defender of happiness and being willing to learn more.