KOSMA Fails to Balance Kids’ Rights with Online Safety, Says OTI

Ahead of tomorrow’s Senate Commerce Committee markup of S. 278, the Kids Off Social Media Act (KOSMA), the Open Technology Institute (OTI), a New America program fostering equitable access to digital technology and its benefits, issued the following statement from Sydney Saubestre, Senior Policy Analyst at OTI.

While the Kids Off Social Media Act seeks to protect kids online, it does so in ways that undermine their rights and safety.

Ensuring children’s online well-being is crucial. This bill, however, imposes broad restrictions that cut young people off from education, community, and political engagement. By banning social media for kids under 13, KOSMA violates First Amendment rights and pressures platforms into invasive age verification and data collection practices—putting all users’ privacy at risk.

KOSMA also ties school funding to social media restrictions, disproportionately harming low-income students who rely on school-provided devices and networks both at school and at home. Many families also depend on these tools for internet access at home; this legislation further limits educational content and connection for those already most affected by the digital divide.

Rather than relying on censorship and surveillance, policymakers should push forward solutions that can help young people navigate digital spaces safely: stronger privacy protections and a focus on building critical digital skills for their future. The protection of kids online should be balanced with the protection of their rights. KOSMA fails to strike that balance.