Original Article By Frank Bergman
The Ninth Circuit Court of Appeals has just given a huge boost to California’s plan to continue building one of the most expansive digital verification regimes in the country.
The appeals court refused to rehear NetChoice v. Bonta, leaving in place a ruling that allows California to advance a system critics warn could become a statewide online digital ID requirement.
The court’s decision keeps intact most of Senate Bill 976, the Protecting Our Kids from Social Media Addiction Act.
The bill was signed by Democrat Gov. Gavin Newsom in September 2024.
The law forces social media companies to implement “age assurance” systems to determine whether users are adults or minors.
However, the law means that all adults will be required to submit proof of age to access social media.
In practice, that means platforms may have to require digital ID checks for all users.
The new law will force millions of Californians to upload government documents, biometrics, or other personal data simply to view or share lawful speech online.
“We will explore all available options”
NetChoice, the tech trade group challenging the mandate, warned that the Ninth Circuit’s refusal opens the door to sweeping online surveillance.
The group said it “will explore all available options to protect free speech and privacy online” after the court denied its petition for rehearing.
Paul Taske, Co-Director of the NetChoice Litigation Center, said:
“NetChoice is largely disappointed in the Ninth Circuit’s ruling, and we will consider all available avenues to defend the First Amendment.
“California’s law usurps the role of parents and gives the government more power over how legal speech is shared online.
“By mandating mass collection of sensitive data from adults and minors, it will undermine the security and privacy of families, putting them at risk of cybercrime such as identity theft.”
NetChoice argues that SB 976 transforms social media platforms into state-controlled data collection systems, compelling identity verification that chills speech and exposes users to unprecedented privacy risks.
California Gets Green Light
In its September 9 decision, a three-judge Ninth Circuit panel upheld most of the law, claiming that it was “too soon” to determine whether the age verification requirement would violate the First Amendment because California has not yet finalized the details.
California Attorney General Rob Bonta has until January 1, 2027, to define the regulations.
He launched the initial rulemaking process in October 2025.
Until those rules are written, the court says it cannot decide whether the law suppresses lawful speech, leaving Californians under the looming threat of a future digital ID system with no clear limits.
Plan Advances Mostly Intact
The panel did toss out one part of SB 976: a rule forcing children’s accounts to automatically hide likes and comments.
Judge Ryan Nelson wrote that the mandate “is not the least restrictive way to advance California’s interest in protecting minors’ mental health.”
But the rest of the law, including its digital ID age verification, content feed restrictions, and broad regulatory powers, remains in place.
Nationwide Push Toward Digital ID Systems
Civil liberties advocates warn that the California law mirrors broader global moves toward centralized digital identity frameworks.
These systems allow governments and corporations to authenticate and track users across multiple platforms.
California’s upcoming “age assurance” rules could become the backbone for a statewide system tying online access to identity disclosure, a model similar to proposals in the EU, Canada, and Australia.
The more these systems expand and interconnect, the more difficult it becomes for individuals to communicate anonymously, access information freely, or avoid state surveillance.
Public Rollout
With the Ninth Circuit declining to intervene and the Attorney General continuing his rulemaking, California is now poised to define a digital ID age verification process that could reshape online life for millions.
It will potentially trigger new constitutional challenges once the rules are finalized.
Nevertheless, California is advancing plans to roll out the system for public use.
For now, the fight over SB 976 moves from the courts to the regulatory arena, where privacy advocates, free speech groups, and tech platforms will be watching closely as the state decides how far its new digital ID regime will reach.
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