Congress has reintroduced the bipartisan Kids Online Safety Act (KOSA). Last July, the Senate approved KOSA – the first major reform to the tech industry since 1998 – in an overwhelming 91-3 bipartisan vote.

This bill sets out requirements to protect minors from online harms.

The requirements apply to covered platforms, which are applications or services (e.g., social networks) that connect to the internet and are likely to be used by minors. However, the bill exempts internet service providers, email services, educational institutions, and other specified entities from the requirements.

Covered platforms must take reasonable measures in the design and operation of products or services used by minors to prevent and mitigate certain harms that may arise from that use (e.g., sexual exploitation and online bullying).

Additionally, covered platforms must provide (1) minors with certain safeguards, such as settings that restrict access to minors' personal data; and (2) parents or guardians with tools to supervise minors' use of a platform, such as control of privacy and account settings.

Covered platforms must also

• disclose specified information, including details regarding the use of personalized recommendation systems and individual-specific advertising to minors;
• allow parents, guardians, minors, and schools to report certain harms;
• refrain from facilitating advertising of age-restricted products or services (e.g., tobacco and gambling) to minors; and
• annually report on foreseeable risks of harm to minors from using the platform.

Additionally, the bill requires large (based on specified revenue, employment, or user criteria) websites, internet applications, and search engines (including social network sites) to meet certain requirements before using algorithms that prioritize information furnished to the user based on user-specific data. For example, such platforms must (1) provide users with notice that the website uses such algorithms, and (2) make available a version of the platform that uses algorithms that do not prioritize information based on user data.

The bill provides for enforcement through the Federal Trade Commission and states.

Further, the bill requires the commission to seek to contract with the National Academy of Sciences to study the risks of harm to minors by the use of social media and other online platforms.

The bill establishes a council to advise on implementing the bill. It also requires guidance for market and product research focused on minors and an evaluation of options to verify a user's age.

Specifically, the Kids Online Safety Act:

• Requires social media platforms to provide minors with options to protect their information, disable addictive product features, and opt out of personalized algorithmic recommendations.
• Platforms are required to enable the strongest privacy settings for kids by default.
• Gives parents new controls to help protect their children and spot harmful behaviors, and provides parents and educators with a dedicated channel to report harmful behavior.
• Creates a duty for online platforms to prevent and mitigate specific dangers to minors, including promotion of suicide, eating disorders, substance abuse, sexual exploitation, and advertisements for certain illegal products (e.g. tobacco and alcohol).
• Ensures that parents and policymakers know whether online platforms are taking meaningful steps to address risks to kids by requiring independent audits and research into how these platforms impact the well-being of kids and teens.

In favor: “Big Tech platforms have shown time and time again they will always prioritize their bottom line over the safety of our children, and I’ve heard too many heartbreaking stories to count from parents who have lost a child because these companies have refused to make their platforms safer by default,” said Sen. Blackburn (R-TN). “We would never allow our children to be exposed to pornography, sexual exploitation, drugs, alcohol, and traffickers in the physical space, but these platforms are allowing this every single day in the virtual space. Congress must not cave to the wills and whims of Big Tech, and we must not be bullied into submission. Now is the time to stand up and protect future generations from harm by passing KOSA.”   

Opposition: The bill would require large social media companies to design their services with the safety of young users in mind. They’d face a legal “duty of care” to mitigate a wide range of harms. The breadth of that legal duty has alarmed House leadership, all but dooming it in its current configuration. They worry KOSA could create incentives to suppress right-leaning political speech. Top GOP officials see the bill as giving too much power to the Federal Trade Commission and the Education Department.

Should Congress pass the Kids Online Safety and Privacy Act? 

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