KOSA and COPPA 2.0 pass the Senate, but will it matter?
Issue #101
Today, I want to spend a bit of time unpacking something I mentioned in my last newsletter: a couple of pieces of new legislation that recently passed the Senate. The Kids Online Safety Act (KOSA) is a bill meant to protect children online by requiring platforms to provide parental controls, prioritize children's safety and enhance transparency about their practices. It aims to limit harmful content, protect minors' personal data and promote mental well-being. While it has bipartisan support, critics of the bill have raised the alarm about privacy, free speech and the balance between parental oversight and children's autonomy.
COPPA 2.0 is an updated version of the original Children’s Online Privacy Protection Act, designed to enhance children’s online privacy protections. It broadens the original scope to include more online services and platforms, introduces stricter data collection and usage rules and raises the age from 13 to 17. Back in January, I predicted that COPPA would get a facelift this year. Given the string of lawsuits against companies like Meta and YouTube, I figured that it was just a matter of time before they raised the age from 13.
The Senate overwhelmingly passed both bills in a rare show of bipartisan cooperation. And there are positive aspects to these bills. Legislators are beginning to home in on design patterns in technology and how they influence user behavior. They’re looking at targeted advertising and the way they incentivize platforms to behave in unsavory ways. But where COPPA 2.0 is a relatively uncontroversial update to the original COPPA legislation from the late 90s, KOSA has garnered a bit more backlash.
That’s because this new bill creates a “duty of care” for online platforms that kids use, meaning the Instagrams and TikToks of the world would suddenly be responsible for preventing kids from seeing anything inappropriate. By the broadest definition, that could include gender-affirming content or reproductive education. Arguably, those topics could be appropriate for some teenagers, and potentially even life-saving. So it’s not surprising that lots of critics are worried this will cause platforms to start severely censoring content, including anything LGBTQ+.
An earlier version of the legislation gave state attorneys general the power to sue platforms if they didn’t comply. There were worries that things could get political very quickly if any state could sue any platform for content they thought could harm kids. We’ve seen how that plays out with various book bans—and it can indeed have a serious impact on what kind of information is available to kids.
The provision that allows states to sue has since been removed, and in the latest version of the bill, enforcement comes from the FTC. But still, critics are concerned that if KOSA becomes law, platforms will begin suppressing content that the law describes as harmful.
I suspect that if KOSA does become law, we’ll see a similar situation to what we have today—namely a piece of legislation that isn’t enforced enough to be meaningful. After all, platforms today routinely violate the existing laws without facing meaningful consequences. And, they routinely fail to police user content as it is. Instagram has been in the news repeatedly because a vast network of pedophiles operates on the platform unchecked.
We don’t yet know what’ll become of KOSA and COPPA 2.0, whether they’ll be signed into law—and whether they’ll be meaningfully enforced. But what we do know is that platforms have a lousy track record for following the law, and the government has a lousy track record for enforcing it. So while it’s encouraging that lawmakers are taking these issues seriously, I’m not holding my breath that these new bills will solve internet safety for our kids.
A deeper dive
Here are a few helpful resources in case you want to really dig into today's topic:
Senators began crafting KOSA after whistleblower Frances Haugen released a trove of internal documents from Meta revealing that they knew their products could have a toxic effect on youth. The bill is intended to create new obligations for companies; if children use their products, they’re on the hook to ensure they don’t harm their wellbeing. This is a great idea in theory, but careful, nuanced execution is paramount.
Some of the people who oppose KOSA are kids. Over 300 high school students congregated at the Capitol and met with lawmakers to urge them to rethink the bill. According to the Verge, “These students feel that having access to a wide range of resources and community groups online is especially important at a time when movements throughout the country are seeking to keep some narratives or resources out of schools.” And, they worry that KOSA will end up restricting the information they can readily access.
TL;DR
Too long; didn't read. It shouldn't be a full-time job to keep up on industry news, so here is a mercifully quick summary of some other notable developments:
Popular gaming platform Roblox has been banned in Turkey over concerns that it could lead to child abuse. According to a statement from the Turkish Justice Minister, "Our country is obliged to take the necessary measures to ensure the protection of our children. Using technology in a negative way is never acceptable.” This ban comes on the heels of a total ban on Instagram in the country.
The Age Appropriate Design Code is a bill in California meant to make the internet safer for kids. But, it’s run into some legal challenges, and most recently, a panel of judges in the court of appeal ruled that a portion of the bill violates the First Amendment. Specifically, they take issue with the requirement that online businesses “opine on and mitigate the risk that children may be exposed to harmful or potentially harmful materials online.” This is just another example of how attempts to keep kids safe online butt up against freedom of speech.
And lastly
Here are a few more pieces of original writing from me and my team—just in case you're keen for more:
As another school year begins, it’s a great time to chat with your kids about the media they consume every day. We sat down with the Executive Director of the National Association of Media Literacy Education to hear her best tips for encouraging this crucial skill.
If you’re looking for ways to keep connected to your kid throughout the school day, you might be considering a smartwatch. Here are the pros and cons to consider.