Despite passing in the Senate earlier this week, the Kid’s Online Safety Act (KOSA) is reportedly dead in the U.S. House after progressives, like Rep. Alexandria Ocasio-Cortez (D-NY), worried that it would possible censor LGBTQ+ content. Some Republicans also opposed the bill, stating that it would violate free speech protections for social media platforms and their users.
KOSA would have mandated that social media companies take measures to prevent recommending any content that promotes mental health disorders (like eating disorders, drug use, self-harm, sexual abuse, and bullying) unless minors specifically search for such content. Opponents worried that Republican attorneys general who see LGBTQ+ identities as harmful forms of mental illness would use KOSA’s provisions to censor queer web content and prosecute platforms that provide access to it.
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“KOSA was a poorly written bill that would have made kids less safe,” said one of the bill’s most vocal opponents, Evan Greer, director of Fight for the Future, a nonprofit that protects human rights in the digital age. “It’s good that this unconstitutional censorship bill is dead for now, but I am not breathing a sigh of relief.”
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“KOSA was always too controversial to succeed, and divided our coalition,” Greer added. “If we want to take on Big Tech and win, we have to quickly regroup and make a plan for next Congress. We need strong privacy, antitrust, and algorithmic justice legislation that address the harms of Big Tech without endangering free expression and human rights.”
Many other groups opposed the bill, including the American Civil Liberties Union (ACLU), the Woodhull Freedom Foundation, the LGBT Technology Partnership, as well as LGBTQ+ advocacy organizations in six states.
While KOSA passed in the Senate earlier this week in a 93-1 vote, three senators voted against the bills: Ron Wyden (D-OR), Mike Lee (R-UT), and Rand Paul (R-KY) — all three made statements explaining why.
Wyden specifically said he voted against the bills because he worried a future administration could use the legislation to “pressure companies to censor gay, trans, and reproductive health information,” The Hill reported.
Lee said, “This legislation empowers the [Federal Trade Commission (FTC)] to censor any content it deems to cause ‘harm,’ ‘anxiety,’ or ‘depression,’ in a way that could (and most likely would) be used to censor the expression of political, religious, and other viewpoints disfavored by the FTC.”
Paul wrote in a recent Louisville Courier Journal opinion article, “KOSA would impose an unprecedented duty of care on internet platforms to design their sites to mitigate and prevent harms…. This requirement will not only stifle free speech, but it will deprive Americans of the benefits of our technological advancements.”
KOSA was introduced by anti-LGBTQ+ Sen. Marsha Blackburn (R-TN), who said that one of the bill’s top priorities is to protect children from “the transgender in this culture.” Blackburn’s office told LGBTQ Nation that her comment had been “taken out of context” and wasn’t related to KOSA. Nevertheless, the anti-LGBTQ+ conservative think tank Heritage Foundation has also said it wishes to use the law to “guard” kids against the “harms of… transgender content.”
Jenna Leventoff, senior policy counsel at the ACLU, said, “KOSA compounds nationwide attacks on young peoples’ right to learn and access information, on and offline. As state legislatures and school boards across the country impose book bans and classroom censorship laws, the last thing students and parents need is another act of government censorship deciding which educational resources are appropriate for their families.”
