KOSA bill passes US Senate 91-3

The Senate has passed the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0), marking significant legislative progress in child online safety in two decades. The bills, which passed with a vote of 91-3, aim to create a duty of care for online platforms regarding minors, requiring them to implement measures to mitigate risks such as cyberbullying and sexual exploitation. Advocates, particularly parents of children affected by online harms, have been instrumental in pushing for these laws. However, concerns have been raised by digital rights and free speech advocates, who fear that the duty of care could lead to excessive content filtering and age verification systems, potentially infringing on First Amendment rights.

KOSA includes provisions to enhance online safety for children, such as preventing unknown adults from contacting minors and ensuring strict privacy settings for kids' accounts. COPPA 2.0 expands protections to individuals under 17 and bans targeted advertising to minors. While some organizations have softened their opposition following amendments to the bill, dissent remains, particularly regarding potential censorship and the implications for marginalized groups. The bills now move to the House, where they face an uncertain future due to the upcoming August recess and the political climate ahead of the presidential election. If enacted, KOSA may encounter legal challenges, particularly from tech industry groups concerned about free expression implications.