California Governor Gavin Newsom has vetoed the proposed (and somewhat controversial) AB 3048. The bill would have required web browser developers to include a setting that allowed consumers to send an opt-out preference signal (OOPS).
Under the CCPA, websites are required to honor an OOPS for consumers to opt-out of disclosures of their personal information for monetary or other valuable consideration ("sales" as defined under the CCPA) or for the purposes of cross-context behavioral advertising ("sharing" as defined under the CCPA). However, currently only a few browsers have the capability of sending the signal. This bill would have required browsers on both desktop and mobile platforms to send the OOPS for consumers to convey their opt-out preference.
In the absence of a legal requirement, consumers will only be able to send such a signal on browsers that either natively support the signal or provide it through a browser extension. Under the CCPA, website providers are still required to provide other methods for consumers to make their opt-out preferences.
I am concerned, however, about placing a mandate on operating
system (OS)
developers at this time. No major mobile OS incorporates an option
for an optout signal. By contrast, most internet browsers either
include such an option or, if users choose, they can download a
plug-in with the same functionality. To ensure the ongoing
usability of mobile devices, it's best if design questions are
first addressed by developers, rather than by regulators.
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