KOSA, or the Kids Online Safety Act, is a proposed piece of US legislation aimed at increasing protections for children and teens on the internet.
Current status: As of now, KOSA has not been enacted into law. While it has gained bipartisan support, it faces ongoing debate over its potential benefits and risks. Some revisions have been proposed to address criticisms, but the ultimate impact will depend on how it is implemented if passed.
This bill sets out requirements to protect minors from online harms.
The requirements apply to covered platforms, which are applications or services (e.g., social networks) that connect to the internet and are likely to be used by minors. However, the bill exempts internet service providers, email services, educational institutions, and other specified entities from the requirements.
Covered platforms must take reasonable measures in the design and operation of products or services used by minors to prevent and mitigate certain harms that may arise from that use (e.g., sexual exploitation and online bullying).
Additionally, covered platforms must provide (1) minors with certain safeguards, such as settings that restrict access to minors’ personal data; and (2) parents or guardians with tools to supervise minors’ use of a platform, such as control of privacy and account settings.
Covered platforms must also
The bill provides for enforcement through the Federal Trade Commission and states.
Further, the bill requires the commission to seek to contract with the National Academy of Sciences to study the risks of harm to minors by the use of social media and other online platforms.
The bill establishes a council to advise on implementing the bill. It also requires guidance for market and product research focused on minors and an evaluation of options to verify a user’s age.
At the end of September 2024, The U.S. House Committee on Energy and Commerce advanced a highly debated version of 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.
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 behaviours”. 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.
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