Every few years, new legislation emerges that significantly impacts how we navigate the internet. Laws like the EARN IT Act (Eliminating Abusive and Rampant Neglect of Interactive Technologies), FOSTA/SESTA (Fight Online Sex Trafficking Act / Stop Enabling Sex Traffickers Act), and various state-level efforts, such as Utah’s Social Media Regulation, continue to shape the evolving digital landscape. Yet, despite these efforts, legislation always seems to lag behind technological advances. The latest bill to capture attention, KOSA (Kids Online Safety Act), has quickly stirred controversy—faster than any viral Shane Dawson video—and it could have equally disastrous consequences for the internet and social media.
At its core, KOSA aims to protect children. The bill primarily targets social media platforms, responding to growing concerns about how these platforms affect young people's mental health. Issues like cyberbullying, exposure to inappropriate content, and even predatory behavior have fueled this legislative effort. Introduced in 2022 by Senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN), KOSA has undergone numerous revisions, especially in 2023, as criticism has mounted.
Currently, KOSA is waiting for a vote in Congress. If passed, it could become one of the most consequential pieces of regulation aimed at social media. The bill would introduce a “duty of care,” requiring platforms to take specific steps to prevent harm. However —the bill doesn’t clearly define what constitutes harm, leaving that interpretation to the Federal Trade Commission (FTC). This ambiguity has raised concerns, particularly since previous iterations of KOSA granted this power to state attorneys general. Many advocacy groups feared this would lead to discrimination and subjective interpretation based on political affiliation.
In addition to its focus on harm prevention, KOSA demands greater transparency from social media companies, particularly regarding their algorithmic and feature development. The bill aims to limit features like personal recommendations, infinite scrolling, and autoplay for minors. It also proposes giving minors the ability to opt out of algorithmic recommendations, delete their accounts, and erase associated data.
Another significant provision of the bill is the requirement for independent audits of social media platforms, with public reports on accountability and transparency efforts. Additionally, KOSA would expand parental controls, offering better management tools for a minor’s account, including time spent on the platform, privacy and security settings, and in-app purchase controls.
If passed, KOSA would force social media companies to treat minors' accounts (and accounts suspected of being minors) differently from adult accounts. However, the bill doesn't clearly explain how companies should differentiate accounts, which has led to concerns from advocacy groups like the American Civil Liberties Union (ACLU). They argue that the legislation encourages digital age verification, which often relies on third-party systems that require users to upload government IDs. Concerns also arise over how these third parties handle the data—whether it’s protected, who has access to it, and the potential loss of anonymity on the internet. For many users, including minors, anonymity is critical for exploring sensitive topics such as mental health, sexuality, or abuse without fear of exposure.
Perhaps one of the biggest critiques of KOSA lies in its vague definition of harmful content. This lack of clarity opens the door for platforms to over-police content, potentially blocking conversations on body image, mental health, and other sensitive subjects. The ACLU has argued that KOSA could disproportionately harm LGBTQ+ youth, who frequently rely on digital spaces for support, information, and community-building.
Moreover, since social media companies would be held legally accountable for the content minors can access, they may increase censorship to protect themselves from lawsuits. This could significantly limit the diversity of content available on platforms.
Organizations like the ACLU and the Electronic Frontier Foundation have fiercely argued that KOSA is essentially a censorship bill for both minors and adults, infringing on First Amendment rights. These concerns have gained significant traction, especially given cosponsor Marsha Blackburn’s controversial stance against teaching critical race theory in schools, raising questions about the underlying motivations behind the bill.
Despite the heavy criticism, KOSA’s future remains uncertain. After passing in the Senate in July, the bill now awaits action in the House. Surprisingly, even with its critics, the bill has picked up support from tech giants like Microsoft, X (formerly Twitter), and Snapchat. When asked, Mark Zuckerberg cautiously expressed that he agreed with the “basic spirit” of the bill, though he stopped short of endorsing it outright.
Looking ahead, I expect KOSA will continue to evolve through revisions, but it’s likely to lose steam over time. The bill’s vague definitions of harmful content and lack of concrete solutions for protecting minors from online predators suggest it is more performative than practical. It seems to be more about appearing tough on social media and tech, without addressing the deeper issues at play.
Even so, I believe there’s an urgent need for legislation that holds social media companies accountable, especially in areas like algorithmic transparency, data protection, privacy, and advertising. Social platforms play a critical role in shaping our online experience, from election misinformation to harmful content like pro-anorexia communities. However, KOSA is not the answer. We need a solution that strikes a balance—ensuring both accountability for tech companies and protection for the open, diverse dialogue that makes the internet a vital space for connection and growth.
Additional Readings:
Congress’s online child safety bill, explained
What to know about the Kids Online Safety Act that just passed the Senate
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