The Kids Online Safety Act (H.R. 7891), commonly referred to as KOSA, was introduced as a companion to S. 1409. Although the two bills have slight differences, their substance is the same. Both bills impose a “duty of care” on apps and websites to prevent their “design features” from causing harm to minors – including anxiety, depression, substance use, and eating disorders. Mitigating such harms is worthwhile, but KOSA doesn’t do the job. Both versions are unconstitutional censorship bills that would give the FTC, and potentially state Attorneys General, the power to restrict protected online speech they find objectionable.  KOSA’s “duty of care” provision will stifle online speech, and KOSA will also result in online services imposing age-verification systems to prevent minors from having the same access to content as adults. These systems require everyone—adults and minors—to verify their age.

Better Options Exist

EFF urges legislators to seek alternatives to KOSA. Consumer focused, comprehensive federal privacy law would protect young people without infringing on the First Amendment rights of everyone who uses on the internet. Stronger competition laws would open the field and force platforms to innovate, offering more user choice for parents and teens.