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Senate poised to pass biggest piece of tech regulation in decades
Last edited Thu Feb 15, 2024, 02:40 PM - Edit history (1)
Senate poised to pass biggest piece of tech regulation in decades
With more than 60 backers, an updated Kids Online Safety Act finally has a path to passage in the Senate but faces uncertainty in the House
By Cristiano Lima-Strong
Updated February 15, 2024 at 11:57 a.m. EST | Published February 15, 2024 at 9:23 a.m. EST
Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) attend a rally after a hearing with Big Tech CEOs on Capitol Hill on Jan. 31. (Haiyun Jiang for The Washington Post)
After months of negotiations, senators announced Thursday that a sprawling bill to expand protections for children online had secured more than 60 backers, clearing a path to passage for what would be the most significant congressional attempt in decades to regulate tech companies.
The Kids Online Safety Act, or KOSA, first introduced in 2022, would impose sweeping new obligations on an array of digital platforms, including requiring that companies “exercise reasonable care” to prevent their products from endangering kids. The safeguards would extend to their use of design features that could exacerbate depression, sexual exploitation, bullying, harassment and other harms. ... The measure would also require that platforms enable their most protective privacy and safety settings by default for younger users and offer parents greater tools to monitor their kids’ activity.
Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) unveiled a fresh version of the bill Thursday with more than a dozen new co-sponsors, including Senate Majority Leader Charles E. Schumer (D-N.Y.), updating it in part to assuage long-running concerns by human rights groups that it could be weaponized to target LGBT youths and stifle speech online.
If passed, it would become the first major consumer privacy or child online safety measure to clear a chamber of Congress in decades. Congress has failed to pass major new internet laws despite years-long attempts to rein in Silicon Valley giants.
{snip}
Rachel Lerman contributed to this report.
By Cristiano Lima-Strong
Cristiano Lima-Strong is a tech policy reporter and author of The Washington Post's Technology 202 newsletter, focusing on the intersection of tech, politics and policy. His coverage focuses on privacy and children’s online safety. He previously served as a senior web producer, breaking news reporter and tech policy reporter for Politico. Twitter https://twitter.com/viaCristiano
With more than 60 backers, an updated Kids Online Safety Act finally has a path to passage in the Senate but faces uncertainty in the House
By Cristiano Lima-Strong
Updated February 15, 2024 at 11:57 a.m. EST | Published February 15, 2024 at 9:23 a.m. EST
Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) attend a rally after a hearing with Big Tech CEOs on Capitol Hill on Jan. 31. (Haiyun Jiang for The Washington Post)
After months of negotiations, senators announced Thursday that a sprawling bill to expand protections for children online had secured more than 60 backers, clearing a path to passage for what would be the most significant congressional attempt in decades to regulate tech companies.
The Kids Online Safety Act, or KOSA, first introduced in 2022, would impose sweeping new obligations on an array of digital platforms, including requiring that companies “exercise reasonable care” to prevent their products from endangering kids. The safeguards would extend to their use of design features that could exacerbate depression, sexual exploitation, bullying, harassment and other harms. ... The measure would also require that platforms enable their most protective privacy and safety settings by default for younger users and offer parents greater tools to monitor their kids’ activity.
Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) unveiled a fresh version of the bill Thursday with more than a dozen new co-sponsors, including Senate Majority Leader Charles E. Schumer (D-N.Y.), updating it in part to assuage long-running concerns by human rights groups that it could be weaponized to target LGBT youths and stifle speech online.
If passed, it would become the first major consumer privacy or child online safety measure to clear a chamber of Congress in decades. Congress has failed to pass major new internet laws despite years-long attempts to rein in Silicon Valley giants.
{snip}
Rachel Lerman contributed to this report.
By Cristiano Lima-Strong
Cristiano Lima-Strong is a tech policy reporter and author of The Washington Post's Technology 202 newsletter, focusing on the intersection of tech, politics and policy. His coverage focuses on privacy and children’s online safety. He previously served as a senior web producer, breaking news reporter and tech policy reporter for Politico. Twitter https://twitter.com/viaCristiano
3 replies
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https://www.eff.org/deeplinks/2023/05/kids-online-safety-act-still-huge-danger-our-rights-online
Lots more.
What could possibly go wrong?
Attorneys General Would Decide What Content is Dangerous To Young People
KOSA’s co-author, Sen. Blackburn of Tennessee, has referred to education about race discrimination as “dangerous for kids.” Many states have agreed, and recently moved to limit public education about the history of race, gender, and sexuality discrimination. If KOSA passes, platforms are likely to preemptively block conversations that discuss these topics, as well as discussions about substance use, suicide, and eating disorders. As we’ve written in our previous commentary on the bill, KOSA could result in loss of access to information that a majority of people would agree is not dangerous. Again, issues like substance abuse, eating disorders, and depression are complex societal issues, and there is not clear agreement on their causes or their solutions. To pick just one example: in some communities, safe injection sites are seen as part of a solution to substance abuse; in others, they are seen as part of the problem. Under KOSA, could a platform be sued for displaying content about them—or about needle exchanges, naloxone, or other harm reduction techniques?
KOSA’s co-author, Sen. Blackburn of Tennessee, has referred to education about race discrimination as “dangerous for kids.” Many states have agreed, and recently moved to limit public education about the history of race, gender, and sexuality discrimination. If KOSA passes, platforms are likely to preemptively block conversations that discuss these topics, as well as discussions about substance use, suicide, and eating disorders. As we’ve written in our previous commentary on the bill, KOSA could result in loss of access to information that a majority of people would agree is not dangerous. Again, issues like substance abuse, eating disorders, and depression are complex societal issues, and there is not clear agreement on their causes or their solutions. To pick just one example: in some communities, safe injection sites are seen as part of a solution to substance abuse; in others, they are seen as part of the problem. Under KOSA, could a platform be sued for displaying content about them—or about needle exchanges, naloxone, or other harm reduction techniques?
KOSA Would Still Lead to Age Verification On Platforms
Another change to KOSA comes in response to concerns that the law would lead to age verification requirements for platforms. For a platform to know whether or not it is liable for its impact on minors, it must, of course, know whether or not minors use its platform, and who they are. Age verification mandates create many issues — in particular, they undermine anonymity by requiring all users to upload identity verification documentation and share private data, no matter their age. Other types of “age assurance” tools such as age estimation also require users to upload biometric information such as their photos, and have accuracy issues. Ultimately, no method is sufficiently reliable, offers complete coverage of the population, and has respect for the protection of individuals' data and privacy and their security. France’s National Commission on Informatics and Liberty, CNIL, reached this conclusion in a recent analysis of current age verification methods.
Another change to KOSA comes in response to concerns that the law would lead to age verification requirements for platforms. For a platform to know whether or not it is liable for its impact on minors, it must, of course, know whether or not minors use its platform, and who they are. Age verification mandates create many issues — in particular, they undermine anonymity by requiring all users to upload identity verification documentation and share private data, no matter their age. Other types of “age assurance” tools such as age estimation also require users to upload biometric information such as their photos, and have accuracy issues. Ultimately, no method is sufficiently reliable, offers complete coverage of the population, and has respect for the protection of individuals' data and privacy and their security. France’s National Commission on Informatics and Liberty, CNIL, reached this conclusion in a recent analysis of current age verification methods.
Lots more.
What could possibly go wrong?