US Senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN) introduced today a bill that will make social media companies responsible for adding online protections for children. The Children’s Online Safety Act (KOSA) was first introduced in February last year (with support from the same couple), but was never introduced on the Senate floor due to backlash from advocacy groups. The updated legislation “provides specific tools to stop big tech companies from distributing toxic content to children and hold them accountable for putting profit over safety,” Blumenthal said. It follows a separate bill introduced last month with a similar goal.
Like the original KOSA, the updated bill would require annual independent audits by “experts and academic researchers” to force unregulated social media companies to address online dangers posed to children. However, the updated legislation attempts to address the issues that led to the collapse of its previous version, namely that its overbroad nature could do more harm than good by requiring young users to be monitored and censored. EFF described The February 2022 bill was called “an oppressive plan to force platforms to spy on youth” that “fails to properly distinguish between harmful and non-harmful content, leaving politically motivated state attorneys general to determine what harms children.” One of the main concerns is that states may use contrived definitions to ban content for political purposes.”
The rewritten bill adds new safeguards for services such as the National Suicide Hotline, LGBTQ+ youth centers and substance abuse organizations to avoid unnecessary harm. In addition, it will force social platforms to provide minors with the ability to protect their information, disable addictive features, and opt out of algorithmic recommendations. (Social platforms will need to enable the most restrictive settings by default.) It will also give parents “new controls to help support their children and identify harmful behavior” and children will be offered a “dedicated channel for reporting harm” on the platform. In addition, it will specifically ban advocacy for suicide, eating disorders, substance abuse, sexual exploitation, and the use of “illicit products for minors” such as gambling, drugs, and alcohol. Finally, social media companies will be required to provide “academic and community organizations” with data to help them investigate the impact of social media on the safety and well-being of minors.
The American Psychological Association, Common Sense Media and other advocacy groups support the updated bill. It has 26 co-sponsors from both sides, including legislators ranging from Dick Durbin (D-IL) and Sheldon Whitehouse (D-RI) to Chuck Grassley (R-IA) and Lindsey Graham (R-SC). Blackburn told CNBC today that Senate Majority Leader Chuck Schumer (D-NY) “one hundred percent supports this bill and efforts to protect children online.”
Despite senators’ renewed optimism about the passage of the bill, some organizations believe it is still too broad to avoid negative repercussions. “The changes made to the bill in no way solve our problems,” said Evan Greer, director of digital rights advocacy group Fight For the Future, in a statement emailed to Engadget. “If Senator Blumenthal’s office were ready to meet with us, we could explain why. I can see where the changes have been made try to solve problems, but they are unable to do so. Even with new changes, this bill will allow far-right Attorneys General to dictate which content platforms can recommend to younger users.”
The ACLU also opposes the revived bill. “KOSA’s core approach continues to threaten the privacy, safety and freedom of expression of both minors and adults as platforms of all stripes replace their users and censor their content under the guise of a ‘duty of care’,” ACLU senior policy adviser Cody Wencke. said CNBC. “To achieve this, the bill will legitimize platforms’ already widespread data collection to determine which users are underage when it should aim to curb these data abuses. In addition, parental guidance in the online life of minors is critical, but KOSA mandates the use of surveillance tools regardless of domestic situations or the safety of minors. KOSA will be a step backwards in making the Internet a safer place for children and minors.”
Blumenthal argues that the bill was “deliberately narrowed down” to prevent harm. “I think we have responded very directly and effectively to such a proposal,” he said at a press conference. “Obviously, our door remains open. We are ready to listen and discuss other types of proposals that are being made. And we’ve talked to a lot of the critically acclaimed groups, and some of them have actually dropped their opposition, as I think you’ll hear in response to today’s session. So I think our bill has been clarified and improved in a way that meets some of the criticism. We will not solve all the problems of the world with one bill. But we are making a measurable, very important start.”
