The recent failure of the Kids Online Safety Act to pass in the US Congress has left parents concerned for their children’s online wellbeing, highlighting a complex issue with no easy solutions.
The recent failure of the Kids Online Safety Act (Kosa) to pass in the House of Representatives has left many wondering why a bill that aimed to protect children online failed to become law. Despite sailing through the Senate with a 91-to-3 vote, ‘a bill that aimed to protect children online’ failed to become law due to congressional apathy.
The Kids Online Safety Act (KOSA) is a proposed federal law aimed at protecting children's online safety and well-being.
The legislation focuses on regulating social media platforms, requiring them to implement robust age verification systems and ensure that minors' personal data is protected.
KOSA also proposes to hold companies accountable for the content they host, with penalties for non-compliance.
The bill aims to address concerns around 'cyberbullying', online harassment, and the spread of 'child exploitation material.'
What is the Kids Online Safety Act?
Introduced nearly three years ago, Kosa was championed by families who said their children had fallen victim to the harmful policies of social media platforms. The bill would have mandated that platforms like ‘Instagram and TikTok‘ address online dangers affecting children through design changes and allowing young users to opt out of algorithmic recommendations.
A Central Controversy: The Duty of Care Clause
A central component of the bill was its ‘duty of care clause,’ which declared that companies have a duty to act in the best interests of minors using their platforms. Critics argued that this clause could lead to unintended consequences for freedom of speech, as companies might filter content more aggressively to avoid litigation.
Opposition from Human Rights Organizations
More than 90 human rights organizations signed a letter in opposition to Kosa, citing concerns about censorship and the potential impact on marginalized users. Despite revisions to the bill, including shifting enforcement from state attorneys general to the Federal Trade Commission, opponents continued to argue that Kosa would harm vulnerable users and freedom of speech.
Human rights organizations play a vital role in promoting and protecting human dignity worldwide.
These non-governmental groups advocate for the universal declaration of human rights, ensuring that individuals are treated with respect and fairness.
“The Universal Declaration of Human Rights is a foundation upon which we can build a better world”, said Ban Ki-moon, former Secretary-General of the United Nations.
With a focus on social justice, they address issues like poverty, inequality, and discrimination.
Statistics show that 80% of human rights abuses occur in conflict zones, highlighting the need for organizations to provide aid and support to affected communities.
The Chilling Effect on Online Content
Even with Kosa’s failure to pass, a chilling effect has already materialized with regards to what content is available on certain platforms. A recent report found that hashtags for LGBTQ+-related topics were being categorized as ‘sensitive content’ and restricted from search.
The chilling effect is a phenomenon where individuals or organizations self-censor their speech, actions, or creative work due to fear of legal repercussions, social backlash, or other forms of retribution.
This can occur in various contexts, including free speech, artistic expression, and online behavior.
Studies suggest that the chilling effect can lead to a decrease in creativity, innovation, and open discussion, ultimately stifling progress and intellectual growth.
A Complex Issue with No Easy Solutions
Children’s safety occupies an interesting paradoxical positioning in tech policy, where children are both vulnerable actors on the internet and beneficiaries of its benefits. Using a blunt instrument like policy to protect them can often lead to outcomes that don’t take this into account.
The Future of Kosa: Will It Be Revived?
Despite the bill’s failure to pass, advocates on both sides of the fight say it’s too soon to write Kosa’s obituary. ‘It’s too soon to write its obituary,’ said Richard Blumenthal, the senator who co-authored the bill with Senator Marsha Blackburn, who has promised to reintroduce it in the upcoming congressional session. Other advocates for the bill also say they will not give up.
The Battle Continues
As the fight over Kosa continues, one thing is clear: protecting children online is a complex issue with no easy solutions. Whether through legislation or other means, advocates on both sides of the debate will continue to push for change and hold tech companies accountable for their actions.
