Should Congress regulate the way children use social media?
This bill intends to protect minors online, particularly on social media. It does so by requiring that social media companies restrict the view of age-restricted content and advertisements and provide additional tools to parents and schools to regulate content on devices accessible to children. In addition, under the proposed law, sites must disclose additional information on targeted advertising, personalized recommendations, and potential risks to minors on their platform.
Sponsor: Sen. Richard Blumenthal (Democrat, Connecticut)
View full bill text ➔
How do you feel?
Oppose
Support
Opponents say
• "As we wrote last year, KOSA’s original language would have effectively required covered platforms to verify the age and thus the identity of every user. KOSA’s revised text attempts to avoid this First Amendment problem by requiring covered platforms to protect only those users that it has ‘actual knowledge or knowledge fairly implied on the basis of objective circumstances’ are minors. Furthermore, new rules of construction say that the bill does not require platforms to collect age-related data or perform age verification. While doubtless well-intentioned, these changes merely trade a clear, explicit mandate for a vague, implicit one; the unconstitutional effect on anonymous expression will be the same." Source: Ari Cohn, First Amendment lawyer and advocate in a letter to the Senate on behalf of TechFreedom
• "We write to you as the parents of transgender kids to ask you to please not put our children in further danger by advancing dangerous and misguided legislation like the Kids Online Safety Act (KOSA.)... KOSA… would grant extraordinary new power to right wing state attorneys general to dictate what content younger users can see on social media, cutting our kids off from lifesaving online resources and community. These are the same attorneys general that are actively working to ban gender affirming health care that saves kids’ lives, criminalize drag performances, and label families that accept our children as ‘groomers’ and ‘child abusers.’ KOSA would also incentivize Big Tech platforms to engage in even more intrusive data collection, which disproportionately puts trans kids and their families at risk as more and more states move to strip us of our rights and criminalize our kids’ health care, education, and very existence." Source: 100+ parents of transgender and gender expansive children in a letter to the Senate on behalf of Fight for the Future
• "Individuals of all ages rely on social media for political speech, artistic expression, advocacy, access to the news, and more. Imposing unconstitutional age-verification requirements burdens users who may want to engage in anonymous speech, who do not have government ID, and who are otherwise concerned about their privacy and security. The law’s parental consent requirement would also impermissibly burden the First Amendment rights of young people, who are often at the forefront of movements, trends, and technologies." Source: The American Civil Liberties Union (ACLU)
Proponents say
• "Facebook knew that young people often feel worse because of social media. It knew its products were linked with eating disorders, depression, and suicide. And instead of addressing the problem, it covered it up…This legislation’s goals are simple: give young people and parents tools and safeguards to take back control over their online lives, and ensure online platforms are held accountable… Our bill will make platforms legally responsible for preventing and mitigating harms to young people online, such as content promoting suicide, eating disorders, substance abuse, bullying, and sexual exploitation. These and other provisions of this comprehensive bipartisan bill will help protect young people and ensure that there are real, enforceable rules in place for Big Tech." Source: Sens. Richard Blumenthal (Democrat, Connecticut) and Marsha Blackburn (Republican, Tennessee) in a joint Op-Ed for The Hill
• "We are witnessing a youth mental health crisis, and academic research, congressional hearings, and family testimonies have shown what a big role social media plays in that crisis. Social media platforms are addictive by design. KOSA will help mitigate the harmful effects of endless scrolling by requiring social media companies to address their harmful design practices once and for all. The bill also empowers young users by allowing them to opt out of algorithmic recommendation systems, which can amplify toxic content that causes them harm, such as content promoting disordered eating, self harm, and suicide… It's time to keep the pressure on Big Tech to create healthier products for young users." Source: James Steyer, Founder and CEO of Common Sense Media
• "On June 23, 2020, my husband, Tom, and I awoke to the unimaginable horror that our 16-year-old son had hung himself in our garage while we slept. He was a victim of anonymous cyberbullying – subject to harassing and humiliating messages from his high school classmate tormentors who were able to hide their identities on social media platforms. Unfortunately, as a letter last year from dozens of parents like me showed, Carson is not alone… We can’t wait any longer. Congress must establish a nationwide, legal responsibility for social media companies to affirmatively protect and prioritize the well-being of children on their platforms. Applause isn’t enough – it’s time to get the job done." Source: Kristin Bride, parent and activist
- Utah Law Requiring Age Verification for Porn Sites Remains in Effect after Judge Dismisses Lawsuit (PBS)
- TikTok’s Algorithm Keeps Pushing Suicide to Vulnerable Kids (Bloomberg)
- Can Free Speech Survive the Internet? (Hertog Foundation)
- What Students Are Saying About How Social Media Affects Their Body Image (New York Times)
- Sen. Richard Blumenthal (OpenSecrets)
