The Kids Online Safety Act and the Tyranny of Laziness

The Kids Online Safety Act (KOSA) aims to regulate content recommendation systems on digital platforms, but its implementation raises concerns about censorship and the impact on free speech. The bill's authors suggest it focuses on design rather than content, yet the regulation of recommendation systems inherently affects the speech itself. Tech companies may resort to broad censorship to comply with KOSA, potentially targeting politically sensitive content and inadvertently suppressing important discussions, such as those related to mental health. The bill relies on the Federal Trade Commission (FTC) and a Kids Online Safety Council to define "harmful" content, which could lead to government overreach in content moderation.

KOSA's requirements may compel platforms to implement additional content moderation layers, resulting in practices like "shadowbanning," where content is deranked or hidden based on certain keywords. This could create a censorship system that stifles diverse viewpoints and important conversations, particularly for vulnerable users. The bill's vague definitions and reliance on government guidance could lead to over-censorship, as companies may err on the side of caution to avoid penalties.

Moreover, the challenges of accurately identifying harmful content complicate compliance, as algorithms struggle to discern context and nuance. KOSA's approach may ultimately exacerbate the very issues it seeks to address, suggesting that Congress should reconsider its content moderation provisions and engage in more thorough discussions with experts before moving forward.