Changes to KOSA Are Improvements, but Congress Must Still Address Remaining Challenges With the Bill, Says OTI

Following Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn) introducing a new version of the Kids Online Safety Act (KOSA), the Open Technology Institute (OTI), a New America program fostering equitable access to digital technology and its benefits, issued the following statement from Policy Director Prem M. Trivedi:

OTI welcomes improvements to KOSA but, at its core, the bill still poses significant risks to speech and privacy that could ultimately make children and adults less safe online.

OTI shares the goal of Senators Blumenthal and Blackburn to create a safer online experience for our kids. It is vital to focus on children’s online safety, but it is also essential to do so in ways that protect children’s and adults’ rights to expression and privacy. We appreciate that the changes reflect the Senate’s general responsiveness to human rights concerns. We urge the Senate and House, if the bill moves forward, to address core provisions that are likely to impact how platform companies filter content.

While on the surface the restriction of the “duty of care” to design features seems like a solution to the concerns previously raised, the details tell a different story. Without content-neutral safeguards in place, platforms may feel compelled to over-moderate or restrict access to any content that could “cause” a mental health disorder covered under the care of duty, such as anxiety or depression. Rather than protecting children, this could impact access to protected speech, causing a chilling effect for all users and incentivizing companies to filter content on topics that disproportionately impact marginalized communities.

OTI continues to believe that federal comprehensive privacy regulation is a critical first step in protecting both kids and adults online and has urged policymakers to pass the American Data Privacy and Protection Act (ADPPA) as it was reported out of the House Energy and Commerce Committee in the 117th Congress. We remain hopeful that a version of ADPPA will be reintroduced soon. In addition, OTI is committed to supporting further study on issues like age verification to better assess technical feasibility, unpack legal implications, and practical considerations for implementation.