A bipartisan bill called the Kids Online Safety Act (KOSA) is currently in the works to protect children on the internet, filling a gap in legislation that dates back to 1998. The bill aims to regulate tech companies and hold them accountable for protecting children from harmful online content. While there is bipartisan support for the bill, there are concerns about potential violations of the First Amendment and harm to vulnerable kids who may lose access to information on LGBTQ issues or reproductive rights. However, revisions have been made to address these concerns, leading some LGBTQ groups to support the legislation.
If passed, KOSA would establish a “duty of care” for online platforms that minors are likely to use. This duty of care would require companies to take reasonable steps to prevent harm to children, including issues such as bullying, violence, suicide promotion, eating disorders, substance abuse, sexual exploitation, and advertisements for illegal products. Social media platforms would also need to provide options for minors to protect their information, disable addictive features, and opt out of personalized recommendations, among other requirements.
To enforce KOSA, the Federal Trade Commission would oversee what types of content are considered harmful to children. Although an earlier version of the bill empowered state attorneys general to enforce the duty of care provision, this was removed due to concerns from LGBTQ groups about potential censorship. The updated version now limits the enforcement of the duty of care standard to the Federal Trade Commission, with state attorneys general still able to enforce other provisions of the bill.
Support for KOSA comes from a wide range of groups, including nonprofit organizations, tech accountability groups, parent groups, pediatricians, and some prominent tech companies. Parents who have experienced harm to their children from social media platforms have also been advocating for the bill’s passage. Despite the support, there are also opposition groups, such as the ACLU and the Electronic Frontier Foundation, who argue that the bill could violate the First Amendment and enable censorship. Senator Rand Paul has expressed concerns about the potential impact on minors’ access to certain content.
The likelihood of KOSA passing Congress remains uncertain but hopeful. With Senate Majority Leader Schumer showing support for the legislation, there is a possibility that it could come to a vote in July. However, passing legislation in a highly regulated industry like tech can be challenging, and it may require further negotiations and procedural votes before a final decision is made. While there are objections to the bill, there is still optimism among supporters that it will eventually be passed into law to protect children online.
