The United States Senate has passed the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0).
They are the first major internet safety bills aimed at protecting children to be approved in two decades, passing with an overwhelming 91-3 vote.
Senate Majority Leader Chuck Schumer (D-NY) heralded the vote as “a momentous day,” emphasizing the Senate’s commitment to protecting children from the risks of social media. He urged the House to pass the bills quickly, noting the urgent need for these protections.
KOSA has been a focal point for parent advocates, many of whom have lobbied tirelessly for the bill by meeting with lawmakers and attending hearings with tech CEOs, often sharing personal stories of loss due to cyberbullying and other online harms. This bill seeks to create a duty of care for online platforms frequented by minors, mandating they take reasonable measures to mitigate risks like online bullying, sexual exploitation, drug promotion, and eating disorders. Importantly, the bill ensures minors can still access supportive resources and information.
Despite strong support, KOSA has faced opposition from digital rights, free speech, and some LGBTQ+ advocates. Critics argued the bill could lead to over-filtering of content and infringe on free expression.
A coalition, including the American Civil Liberties Union (ACLU) and Electronic Frontier Foundation (EFF), expressed concerns that platforms might implement aggressive content filtering to avoid liability, potentially blocking important educational and lifesaving content. They also fear mandatory age verification systems could raise additional privacy issues.
In response to these concerns, the bill was amended, leading some organizations like GLAAD and the Trevor Project to withdraw their opposition. Sen. Richard Blumenthal (D-CT), a lead sponsor, emphasized that the bill is not about censorship but about creating a safer online environment through better product design. He likened KOSA to past consumer protection efforts targeting harmful products.
KOSA includes several safeguards for children online, such as preventing unknown adults from contacting minors, restricting geolocation data sharing, and allowing minors to opt out of personalized recommendations. Platforms would also need to default to strict privacy settings for minors and provide parental control tools.
COPPA 2.0, an update to the 1998 children’s privacy law, extends protections to minors under 17 and bans targeted advertising to this age group. Sen. Ed Markey (D-MA), who sponsored the original COPPA, stated that the law needs updating to address the evolving online landscape.
Opposition remains among some senators, with concerns about potential censorship and unintended consequences. Sen. Ron Wyden (D-OR) warned that despite improvements, the bill could still be misused to censor essential information. Sen. Rand Paul (R-KY) and Sen. Mike Lee (R-UT) echoed these concerns.
The bills now move to the House, which faces a tight deadline before the August recess. House Speaker Mike Johnson (R-LA) expressed a commitment to reviewing the legislation and finding consensus. However, passing significant policy changes may become more challenging as the presidential election approaches.
If enacted, KOSA may face legal challenges, particularly from tech industry groups like NetChoice, which have successfully argued against similar laws on First Amendment grounds. The recent Supreme Court ruling affirming content moderation as a protected form of expression adds another layer of complexity to the bill’s future.
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