Let's Talk About The Kids Online Safety Act (KOSA)

By Jen Maravegias | Politics | October 9, 2023 |

By Jen Maravegias | Politics | October 9, 2023 |

Back in July, the U.S. Senate Committee on Commerce, Science, and Transportation approved the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) and the Kids Online Safety Act (KOSA). COPPA is good legislation focused on the collection of data by web operators from users under the age of 13.

KOSA, on the other hand, is not great. The bill aims to prevent harassment, exploitation, and mental health trauma to minors on the Internet. Doing so will require broad content filtering to limit minors’ access to specific types of online content.

This bill sets out requirements for covered platforms (i.e., social networks, video streaming services, or other applications that connect to the internet and are likely to be used by minors) to protect minors from online harm, including requirements relating to (1) safeguards to restrict access to the personal data of minors, (2) tools to help parents supervise a minor’s use of a platform, and (3) reporting of harm to minors from using the platform.

The summary of the bill sounds innocuous enough. There’s a lot hiding below the surface. It was originally introduced in 2022, and its authors, Sens. Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN), had to take it back to the drawing board after a coalition of organizations publicly opposed it.

Those critics worry that it will greatly limit access to sex education information and resources for LGBTQ+ youth. It will put significant pressure on online services to over-moderate users and content. It also forces State Attorney Generals to make decisions on what information is “appropriate.” We’re already witnessing what happens when the “appropriateness” of content and culture is left to individual states. Book bans, sports bans on transgender students, bans on gender-affirming care, and groups like Moms For Liberty taking over school boards.

Marsha Blackburn has already admitted that her goal for this bill is “protecting minor children from the transgender in this culture.” That statement alone puts this entire bill in the same category as all of those other state regulations Republicans are trying to push through. It makes any democratic support of the bill unacceptable. Someone needs to call Elizabeth Warren and tell her to rescind her recent co-sponsorship of KOSA.

Even President Biden has voiced misguided support for this bill. Saying, “We’ve got to hold these platforms accountable for the national experiment they’re conducting on our children for profit.” In the same way we don’t need or want politicians making policies or laws about our bodies, we shouldn’t need or want politicians or web providers making decisions about what is or isn’t appropriate for our children. That’s our job as their parents. Establishing a nanny state isn’t in anyone’s best interests.

KOSA also requires that web platforms enable stricter parental controls. Parental controls are good in theory, and when actual parents enable them. But this bill puts the onus on web providers to make decisions for everyone’s kids. Including older minors who, at the age of 15 or 16, should have some right to privacy and access to information. If you’re a kid who doesn’t feel safe at home for whatever reason, being able to find online mental health resources may mean the difference between life and death.

The other bad part of this bill is that it will require websites and online platforms to collect MORE data from users. If you think The Internet knows too much about you now, just wait. Age verification may require all users to provide much more personally identifiable information (PII). Your IT Guy can tell you this will put your information at significant risk of data breaches and threaten users’ overall privacy.

To some degree, I understand and even support a desire to get Big Tech under control and held accountable for bad actions and platform mismanagement. But The Kids Online Safety Act doesn’t stop there. It’s going to make at-risk communities even more at-risk. It’s going to adversely affect user privacy. And most importantly, at least one of the writers of the bill is prepared to use it to hammer away at trans rights and social acceptance.

Reach out to your Congressional Reps and ask them to vote no on KOSA Resisbot has you covered. Or you can look up contact information for your Congressperson(s) here. If you do make a call, IndivisibleSF has a good script you can use when you leave a message.