House advances updated KOSA 2.0: Renewed focus on child safety and free speech concerns
Last week, The U.S. House Committee on Energy and Commerce advanced a highly debated version of the Kids Online Safety Act (KOSA), now referred to as "KOSA 2.0." This bill, initially passed in the Senate with overwhelming bipartisan support, seeks to protect children online but has faced criticism over its potential free speech implications and regulatory overreach. Alongside KOSA 2.0, the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) has also resurfaced, marking a renewed legislative push to tackle the complex issue of online safety for minors.
The return of KOSA: What’s new?
Originally passed by the Senate with a 91-3 vote, KOSA was seen as a necessary and crucial response to rising concerns about children’s safety online. It aimed to protect young users from harmful content such as cyberbullying, sexual exploitation, and eating disorders. KOSA also proposed imposing a "duty of care" on social media platforms, requiring them to mitigate risks posed to minors and regulate harmful content.
However, following the Senate's approval, The House GOP raised concerns, stalling the bill. Critics argued that the initial version risked infringing on free speech and placed an excessive regulatory burden on tech companies. KOSA 2.0, the updated version, now seeks to address these concerns while maintaining its core focus on child safety. However, the revisions have shifted its scope, with notable changes that impact both the nature of protections for children and the broader debate on free speech.
Major changes in KOSA 2.0
The most significant alteration in KOSA 2.0 is the removal of the explicit duty of care for issues such as “anxiety, depression, eating disorders, substance use disorders, and suicidal behaviors”. Instead, the revised bill focuses on preventing "promotion of inherently dangerous acts that are likely to cause serious bodily harm, serious emotional disturbance or death". This shift has raised eyebrows among lawmakers and advocates, as it narrows the scope of protections originally intended for young users.
Additionally, the bill reinforces privacy protections, although it no longer includes detailed measures for addressing broader mental health concerns. Critics argue that these revisions may weaken the bill’s ability to tackle the wide array of online dangers that children face today.
Free speech and regulatory concerns
While KOSA aims to protect children, free speech advocates have voiced strong objections, concerned it could empower government agencies to overregulate online platforms and restrict access to content, leading to undue censorship and pressuring of platforms to remove potentially controversial material. Critics also highlight privacy concerns, particularly around stricter age verification, which could impact both minors and adults. These concerns resonate with the broader debate about balancing safety, privacy, and free expression online.
However, highly accurate, privacy-preserving and user-friendly safety technology is not a pipe dream - it already exists. Whether that be age estimation using just a user’s email address or content moderation combining AI and humans, these solutions are already deployed at scale by some of the world’s biggest tech platforms - and Verifymy is here to help.
COPPA 2.0: Strengthening online privacy for minors
Alongside KOSA 2.0, COPPA 2.0, the updated Children and Teens’ Online Privacy Protection Act, also advanced in the House. COPPA 2.0, an updated version of the Children's Online Privacy Protection Act, is a legislative proposal designed to enhance the privacy and protection of minors in the digital age. This updated act extends protections to include not only children under 13 but also teenagers up to their 17th birthday.
This measure prevents online companies from collecting personal data from this age group without verifiable parental consent and bans targeted advertising toward teens. Furthermore, it grants young users the right to have their personal information deleted, empowering them to better control their online presence and privacy and thereby, helping to create a safer and more secure online environment for children and teens.
While COPPA 2.0 has garnered less controversy than KOSA, it still raises questions about the feasibility of enforcing parental consent requirements and the potential unintended consequences for teenagers seeking more control over their online presence.
A complex road ahead: Balancing safety and freedom of speech
As both KOSA 2.0 and COPPA 2.0 move towards a full House vote, it is clear that the debate over these bills is far from over. While lawmakers on both sides of the aisle agree on the importance of protecting children online, the revised bills have reignited concerns about government overreach and free speech suppression.
Concerns have highlighted the inherent challenges of regulating content in a way that safeguards children while preserving the free flow of ideas and information. The stakes are high, and the outcome will likely shape how the U.S. navigates the complex intersection of child safety, privacy, and free expression in the digital age.
Conclusion
The revival of KOSA in its 2.0 form underscores the urgency of addressing online safety for children, but it also brings to the forefront the ongoing tensions between protecting minors and preserving free speech rights. As the House prepares for a floor vote, the debate will likely intensify, with lawmakers, child safety advocates, and digital rights organisations all weighing in on the future of internet regulation.
As the legislative process unfolds, the challenge now is to strike a delicate balance—one that safeguards the well-being of young users without stifling the values of free speech and the open discourse that underpin the internet. Verifymy encourages tech companies to take a proactive approach. Rather than waiting for the final vote, the industry must step up to help create a safer online environment for children by implementing robust safety solutions now.