The Kids Online Safety Act (KOSA) has recently passed in the Senate, thanks to the efforts of Majority Leader Chuck Schumer. This landmark legislation, proposed in 2022, aims to protect children from various online harms and could be the most significant children’s online safety bill since COPPA. KOSA places a “duty of care” on large internet companies, including social media platforms, gaming networks, and streaming services, requiring them to take reasonable steps to safeguard users.
Under KOSA, platforms can be held legally accountable if they fail to prove that they are adequately protecting minors from a range of harms, such as sexual exploitation, eating disorders, suicide, substance abuse, and advertisements for age-restricted products. These companies would also be required to disclose how they use personalized content recommendation algorithms and offer minors the option to opt out of data collection. Moreover, on minors’ accounts, addictive features like autoplay and gamified engagement must be limited.
While the intention behind KOSA is commendable, critics have expressed concerns about potential misuse of the bill. One major issue is the requirement for platforms to use age verification systems to identify minors. Privacy advocates argue that age verification limits internet anonymity, which can be problematic for whistleblowers, human rights activists, and individuals escaping dangerous situations like domestic abuse. They also caution that identity verification platforms could be vulnerable to hackers, citing examples of exposed administrative credentials that could have compromised personal data.
Another concern raised by human rights groups is the potential weaponization of KOSA against LGBTQ+ youth. In a previous version of the bill, there was controversy surrounding individual state attorneys general’s authority to determine appropriate online content for minors. Activists feared this power could be used against marginalized children, particularly during a time when LGBTQ+ rights are already under attack at the state level. While the bill has undergone revisions, granting the Federal Trade Commission (FTC) the responsibility of enforcement, some advocates remain apprehensive.
Critics argue that a future administration could exploit KOSA to target content related to gender affirming care, abortion, racial justice, climate change, or any other subject deemed detrimental to children’s mental health. However, Senator Marsha Blackburn, who introduced the bill, and her legislative director, Jamie Susskind, dismiss these concerns, emphasizing that KOSA aims to protect all children without targeting or censoring any individual or community.
Not all legislators are convinced of KOSA’s effectiveness. Senator Ron Wyden expressed reservations about the bill, fearing that it could be used to sue services that offer privacy-enhancing technologies like encryption or anonymity features that are crucial for young people’s secure and private communication. He also acknowledged concerns raised by the American Civil Liberties Union, Fight for the Future, and LGBTQ+ teens and advocates, who worry about potential censorship of LGBTQ+ and reproductive health information.
Despite the mixed opinions, KOSA has gained support from prominent tech companies such as Microsoft, X, and Snap. These companies have expressed their backing for the bill, even though meeting its requirements may pose challenges. Ultimately, KOSA must pass in both the Senate and the House of Representatives before it can be signed into law by President Joe Biden, who has indicated his support. However, the House has its own version of KOSA, and it remains uncertain whether the bill will receive a favorable reception in its current form.
According to Evan Greer, Director of Fight for the Future, KOSA currently faces significant opposition in the House, making its path to becoming law uncertain. Moreover, the Electronic Frontier Foundation asserts that the bill is unconstitutional, calling it an “unconstitutional censorship bill” that would grant the FTC and potentially state Attorneys General the power to restrict protected online speech. This means that KOSA is likely to face legal challenges from its inception.
In conclusion, while the Kids Online Safety Act has passed in the Senate, its journey to becoming law is far from certain. The bill’s provisions aimed at protecting children from online harms have garnered both support and criticism. Privacy concerns, potential misuse, and constitutional questions surround KOSA, making its fate uncertain. As the bill progresses, it is crucial to strike a balance between safeguarding children and preserving privacy and freedom of expression in the online world.