The following statement regarding the introduction of Kids Online Safety Act (KOSA) can be attributed to Sara Kloek, Vice President, Education and Children’s Policy, Software & Information Industry Association (SIIA).
This bill does not protect the privacy and safety of young Americans. Instead, it essentially requires companies to censor content for users and raises constitutional concerns. A negligence standard for “duty of care” would create such a huge risk of liability that online platforms will be left with virtually no choice but to restrict content. The law is not content neutral and almost certainly runs afoul of the constitution.
The current text also requires companies to offer different services to users of different ages effectively requiring age verification. Experts have noted this could require companies to collect more information than necessary on all users, not just kids. Age verification requirements are privacy invasive.
We urge Congress to reject attempts to score a quick political win by passing this legislation in an election year and instead concentrate on ways to meaningfully strengthen privacy protections and uphold Constitutional rights for all Americans.