Before Facebook, the iPhone, and even before the oldest teenagers of today were born, Congress last approved a law in 1998 to protect children on the internet. Though it’s still unclear if the law will pass, it now seems to have enough bipartisan support to shield children from the dangers of social media, gaming websites, and other online platforms.
On the other hand, proponents believe it will be put to a vote later this month.
Companies like Microsoft, X, and Snap, along with parent advocacy groups and children’s advocacy organisations, support the Kids Online Safety Act. According to them, the bill is an essential first step towards regulating internet corporations and holding them accountable for the harm their platforms can do, as well as shielding kids from harmful content online.
The proposed legislation, known as KOSA, has undergone revisions to address many of the objections voiced by its opponents, who worry that it would violate the First Amendment and harm vulnerable children by denying them access to information on LGBTQ issues or reproductive rights. Despite these concerns, major LGBTQ organisations have decided to support the legislation.
What you should know about KOSA and its chances of becoming law is below. How may KOSA respond?
If KOSA is approved, kids’ internet platforms would likely be subject to a “duty of care,” a legal term requiring businesses to take reasonable precautions to prevent injury.
In addition to bullying and violence, they would also need to “prevent and mitigate” the harms that children experience from substance abuse, eating disorders, substance abuse promotion, sexual exploitation, and advertising for illicit goods like tobacco, alcohol, or drugs.
Moreover, social media companies would have to provide children with choices on data protection, turning off elements of products that are too easy to get addicted to, and choosing not to receive personalised algorithmic recommendations. Limiting elements that “increase, sustain, or extend the use” of the site, including video autoplay or platform awards, would also be necessary. They would also have to prohibit other users from interacting with minors. When an online platform thinks an account belongs to a kid, it must default to the safest settings available.
Josh Golin, executive director of Fairplay, a group that protects kids from Big Tech harms, marketing, and commercialization, said, “So many of the harms that young people experience online and on social media are the result of deliberate design choices that these companies make.” How would it be implemented?
Before LGBTQ organisations and others expressed worries that they would use this to suppress information about LGBTQ or reproductive issues, the bill’s earlier version gave state solicitors general the authority to enforce KOSA’s “duty of care” provision. State solicitors can still enforce other aspects of the amended version, but the “duty of care” requirement is not.
The Federal Trade Commission would be in charge of more extensive enforcement and would have control over what kinds of content are deemed “harmful” to minors. Who backs it?
Numerous parent organisations, paediatricians, tech accountability organisations, and organisations like the American Academy of Paediatrics, the American Federation of Teachers, Common Sense Media, Fairplay, The Real Facebook Oversight Board, and the NAACP endorse KOSA. X, Snap, Microsoft, and other well-known tech businesses have also joined. Although it has previously stated that it favours social media regulation, Meta Platforms, the company that owns Facebook, Instagram, and WhatsApp, has not publicly stated whether it is in favour of or against the measure.
A group of about 20 parents called ParentSOS has been advocating for the bill’s approval after losing children to harm brought on by social media. Julienne Anderson is one of those parents; her daughter, 17, passed away in 2022 after using Instagram to buy toxic drugs.
“We shouldn’t be the only ones responsible for ensuring our kids are safe online,” she stated. “Every other sector of the economy has regulations. You have undoubtedly heard this before. Anything, including automobiles, toys, music, and movies. To keep our kids safe, we’ve put rules in place. They have also developed and disseminated this product, but despite all of this time—since the 1990s—no laws governing the sector have been passed.
In 2022, Senators Marsha Blackburn of Tennessee and Richard Blumenthal of Connecticut introduced KOSA. So far, 68 senators from various political perspectives have signed on to it; if it came to a vote, that would be sufficient for it to pass. Who’s against it?
The ACLU, the Electronic Frontier Foundation, and other pro-free speech organisations fear this would be against the First Amendment. “A dangerous and unconstitutional censorship bill that would empower state officials to target services and online content they do not like” is how the EFF describes the bill, even with the modifications that removed state attorneys general’s ability to enforce their duty of care clause.
The bill’s care of duty provision, according to Kate Ruane, director of the Free Expression Project at the nonprofit Centre for Democracy and Technology, could be “misused by politically motivated actors to target marginalised communities like the LGBTQ population and just politically divisive information generally,” to try to suppress information because someone thinks it is bad for children’s mental health.
She continued by saying that although these issues still exist, there has been progress in lessening them.
The greater problem, she continued, is that platforms may choose to censor content concerning abortion, transgender healthcare, or even the wars in Gaza or Ukraine to avoid facing legal action for displaying children’s material that could be deemed “politically divisive.”
Sen. Rand Paul, a Republican from Kentucky, opposes the bill. According to Paul, the law “may prohibit children from viewing the Super Bowl or the PGA Tour on social media due to advertisements for gambling and beer; those children could simply turn on the TV and view those same commercials.”
“I have attempted to work with the authors to fix the bill’s numerous deficiencies,” he continued. As he could have done from the start, Senator Schumer may have brought the bill to the floor if the writers were unwilling to compromise. Would Congress approve it?
Golin expressed his “strong hopes” that the law would be passed in July.
“It hasn’t gone to a vote yet because passing legislation is difficult, especially when trying to regulate one of the most powerful industries in the world,” the speaker stated. “Our expenditures are exceeded.”
Golin continued, expressing his optimism that it would be passed and his belief that there is a “very good chance.”
Senate Majority Leader Charles Schumer, D-N.Y., who has publicly endorsed KOSA, says it would have to be voted on.
Although Schumer supports the proposal, he hasn’t yet scheduled any floor time for it to be passed. Because of objections, procedural votes pertaining to the law would need to be held for at least a week before a final vote.
Although he stated last week on the floor that enacting the law is a “top priority,” it has not yet advanced due to opposition.
“Unfortunately, certain colleagues persist in opposing these bills without presenting any beneficial suggestions for improving the wording,” he remarked. Therefore, we must now consider the future, and all possibilities are available.