{{Use mdy dates|date=September 2023}}

The "'''Kids Online Safety Act'''" ('''KOSA''') is a [[bill (United States Congress)|bill]] introduced in the [[United States Senate]] by Senators [[Richard Blumenthal]] ({{USpolabbr|D|CT|link=y}}) and [[Marsha Blackburn]] ({{USpolabbr|R|TN|link=y}}) in February 2022<ref>{{Cite web |date=May 2, 2023 |title=Blackburn, Blumenthal Introduce Bipartisan Kids Online Safety Act |url=https://www.blackburn.senate.gov/2023/5/blackburn-blumenthal-introduce-bipartisan-kids-online-safety-act |website=blackburn.[[senate.gov]] |access-date=July 27, 2023 |archive-date=July 26, 2023 |archive-url=https://web.archive.org/web/20230726224923/https://www.blackburn.senate.gov/2023/5/blackburn-blumenthal-introduce-bipartisan-kids-online-safety-act |url-status=live }}</ref> and reintroduced in May 2023; the bill establishes guidelines meant to protect minors on [[Social media|social media platforms]].<ref>{{Cite web |title=S.1409 — 118th Congress (2023-2024) |url=https://www.congress.gov/bill/118th-congress/senate-bill/1409 |website=[[Congress.gov]] |access-date=July 27, 2023 |archive-date=July 27, 2023 |archive-url=https://web.archive.org/web/20230727001029/https://www.congress.gov/bill/118th-congress/senate-bill/1409 |url-status=live }}</ref> The bill charges individual [[State attorney general|state attorneys general]] with enforcing the bill.<ref>{{Cite web |title=S.1409 — 118th Congress (2023-2024) |url=https://www.congress.gov/bill/118th-congress/senate-bill/1409 |website=[[Congress.gov]] |quote=(Section 11 B) In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates this Act or a regulation promulgated under this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States or a State court of appropriate jurisdiction... |access-date=July 27, 2023 |archive-date=July 27, 2023 |archive-url=https://web.archive.org/web/20230727001029/https://www.congress.gov/bill/118th-congress/senate-bill/1409 |url-status=live }}{{USBill|118|S|1409}}</ref> The bill has been criticized by civil rights organizations for potentially enabling censorship, including of material important to marginalized groups.<ref>{{Cite news |last=Lorenz |first=Taylor |date=2024-02-01 |title=Online safety legislation is opposed by many it claims to protect |url=https://www.washingtonpost.com/technology/2024/02/01/online-safety-hearing-opposition/ |access-date=2024-02-01 |newspaper=Washington Post |language=en-US |issn=0190-8286}}</ref>

The bill is summarized by the [[Congressional Research Service]] with the following:

{{blockquote

|multiline=yes

|text=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 media|social networks]]) that connect to the internet and are likely to be used by minors. However, the bill exempts [[internet service provider]]s, email services, educational institutions, and other specified entities from the requirements.

Additionally, covered platforms must provide (1) minors (or their parents or guardians) with certain safeguards, such as settings that restrict access to minors' personal data; and (2) parents or guardians with [[Parental controls|tools to supervise minors' use of a platform]], such as control of privacy and account settings.

Covered platforms must also;

* disclose specified information, including details regarding the use of personalized recommendation systems and targeted advertising;

* allow parents, guardians, minors, and schools to report certain harms;

* refrain from facilitating advertising of age-restricted products or services (e.g., tobacco and gambling) to minors; and

* annually report on foreseeable risks of harm to minors from using the platform.

|author=[[Congressional Research Service]] summary

|source=118th Congress {{USBill|118|S|1409}}

}}

KOSA was introduced to the Senate by senators [[Richard Blumenthal]] and [[Marsha Blackburn]] on February 16, 2022. The bill was a direct result after [[Frances Haugen]], a data scientist for [[Facebook]], [[2021 Facebook leak|leaked internal files]] through ''[[The Wall Street Journal]]'' in 2021 that showed negative effects of [[Instagram]] on minors' mental health, among other topics. The leak led to a Congressional investigation of [[Big Tech]]'s lack of protection for young users with Instagram's CEO [[Adam Mosseri]] testifying to Congress in December 2021.<ref>{{cite news | url = https://www.nytimes.com/2022/02/17/business/dealbook/children-online-safety-bill.html | title = Child Safety Is the New Tech Battleground | first1 = Andrew Ross | last1 = Sorkin | first2 = Sarah | last2 = Kessler | first3 = Stephen | last3 = Gandel | first4 = Michael J. | last4 = de la Merced | first5 = Lauren | last5 = Hirsch | first6 = Ephrat | last6 = Livni | date = February 17, 2022 | accessdate = February 18, 2024 | work = [[The New York Times]] }}</ref> Blumenthal, citing the leaked Facebook data, stated that the bill's intention was "not to burn the internet to the ground, not to destroy tech platforms or the internet or these sites; it is simply to enlist the social media platforms in this joint effort to achieve what should be a common goal—protecting children."<ref>{{cite news | url = https://www.wsj.com/articles/lawmakers-seek-tougher-online-safety-standards-for-children-11645009201 | title = Lawmakers Seek Tougher Online Safety Standards for Children | first = John D. | last = McKinnon | date = February 16, 2022 | accessdate = February 18, 2024 | work = [[The Wall Street Journal]] }}</ref>

The bill was advanced by the [[United States Senate Committee on Commerce, Science, and Transportation|Senate Commerce Committee]] in July 2022, alongside an updated version of the [[Children's Online Privacy Protection Act]] (COPPA), the Children and Teens' Online Privacy Protection Act (also known as COPPA 2.0)<ref>{{cite web | url = https://thehill.com/policy/technology/3576234-bills-to-boost-kids-online-safety-advance-in-senate-with-bipartisan-support/ | title = Bills to boost kids’ online safety advance in Senate with bipartisan support | first = Rebecca | last = Klar | date = July 27, 2022 | accessdate = February 18, 2024 | work = [[The Hill (newspaper)|The Hill]] }}</ref> Both were poised to be passed in the Senate as part of larger legislation near the end of the term for the [[117th United States Congress|117th Congress]], but failed to pass it.<ref>{{cite web | url = https://www.axios.com/2022/11/16/kids-privacy-online-congress-yearend-push | title = Kids' privacy online gets yearend push in Congress | first = Ashley | last = Gold | date = November 16, 2022 | accessdate = February 18, 2024 | work = [[Axios (website)|Axios]] }}</ref>

President [[Joe Biden]] pushed Congress to pass legislation to protect children online during his [[2023 State of the Union Address]], leading Blackburn and Blumenthal to reintroduce KOSA in the Senate on May 2, 2023.<ref>{{cite web | url = https://www.cnbc.com/2023/05/02/updated-kids-online-safety-act-aims-to-fix-unintended-consequences.html | title = Lawmakers update Kids Online Safety Act to address potential harms, but fail to appease some activists, industry groups | first = Lauren | last = Fiener | date = May 2, 2023 | accessdate = February 18, 2024 | work = [[CNBC]] }}</ref> KOSA along with COPPA 2.0 were approved by the Senate Commerce Committee on July 27, 2023.<ref>{{cite web | url = https://www.theverge.com/2023/7/27/23809876/kosa-coppa-2-child-safety-privacy-protection-social-media | title = Senate panel advances bills to childproof the internet | first = Makena | last = Killy | date = July 27, 2023 | accessdate = February 18, 2024 | work = [[The Verge]] }}</ref> By February 2024, the bill had gained more than 60 backers in the Senate to assure its passage, though there had yet to be a companion bill introduced in the House of Representatives by this point.<ref>{{cite web | url = https://www.washingtonpost.com/technology/2024/02/15/kids-online-safety-act-kosa-senate/ | title = Senate poised to pass biggest piece of tech regulation in decades | first = Cristiano | last = Lima-Strong | date = February 15, 2024 | accessdate = February 18, 2024 | work = [[Washington Post]] }}</ref>

== Commentary ==

KOSA had been given support by over 200 groups, including the [[National Education Association]], the [[American Academy of Pediatrics]], the [[American Foundation on Suicide Prevention]] and the [[American Psychological Association]].<ref>{{Cite web | url = https://www.nbcnews.com/tech/social-media/kosa-kids-online-safety-act-speech-censor-rcna128249 | title = 200 groups push Senate to vote on Kids Online Safety Act in 2024 | first = Kat | last = Tenbarge | date = December 6, 2023 | accessdate = February 18, 2024 | work = [[NBC News]] }}</ref>

The bill has been criticized by members of the "Don't Delete Art" (DDA) movement and anti-censorship groups due to the chances of increased [[Computer and network surveillance|online surveillance]] and [[Censorship of art|heavy censorship of artists' work]]. Along with support from the [[American Civil Liberties Union]], the [[National Coalition Against Censorship]], [[Fight for the Future]], the [[Electronic Frontier Foundation]] (EFF), and the [[Woodhull Freedom Foundation]], DDA has encouraged people to signal their opposition through an [[online petition]] that labels KOSA as one of several "Bad Internet Bills."<ref>{{Cite web |last=Nayyar |first=Rhea |date=July 26, 2023 |title=Artists Call on Congress to Stop 'Bad Internet Bills' |url=https://hyperallergic.com/835609/artists-call-on-congress-to-stop-bad-internet-bills/ |website=[[Hyperallergic]] |access-date=July 27, 2023 |archive-date=July 27, 2023 |archive-url=https://web.archive.org/web/20230727042540/https://hyperallergic.com/835609/artists-call-on-congress-to-stop-bad-internet-bills/ |url-status=live }}</ref>

A letter sent to the [[United States Congress]] by [[Evan Greer]]—director of Fight for the Future—and signed by multiple [[Civil society|civil society groups]] claims that KOSA could backfire and cause more harm to minors.<ref>{{Cite web |date=November 28, 2022 |title=Letter: 90+ LGBTQ and human rights organizations oppose KOSA |url=https://www.fightforthefuture.org/news/2022-11-28-letter-90-lgbtq-and-human-rights-organizations-oppose-kosa |website=Fight for the Future |access-date=July 27, 2023 |archive-date=July 26, 2023 |archive-url=https://web.archive.org/web/20230726203354/https://www.fightforthefuture.org/news/2022-11-28-letter-90-lgbtq-and-human-rights-organizations-oppose-kosa |url-status=live }}</ref><ref>{{Cite news |last=Feiner |first=Lauren |date=May 2, 2023 |title=Lawmakers update Kids Online Safety Act to address potential harms, but fail to appease some activists, industry groups |work=[[CNBC]] |url=https://www.cnbc.com/2023/05/02/updated-kids-online-safety-act-aims-to-fix-unintended-consequences.html |access-date=July 27, 2023 |archive-date=July 27, 2023 |archive-url=https://web.archive.org/web/20230727022043/https://www.cnbc.com/2023/05/02/updated-kids-online-safety-act-aims-to-fix-unintended-consequences.html |url-status=live }}</ref> Fight for the Future has set up a Stop KOSA website for people to sign a petition and contact lawmakers against the bill.<ref name="Fight for the Future n196">{{cite web | title=Stop KOSA | website=Fight for the Future | url=https://www.stopkosa.com/ | access-date=September 27, 2023 | archive-date=September 27, 2023 | archive-url=https://web.archive.org/web/20230927082718/https://www.stopkosa.com/ | url-status=live }}</ref>

Critics, including the [[Electronic Frontier Foundation|EFF]], notes that the bill's definition of harm toward minors leaves room for broad interpretation decided by the [[State attorney general|state attorneys general]] who are charged with enforcing the bill,<ref name="Kelley 2023">{{cite web | last=Kelley | first=Jason | title=The Kids Online Safety Act is Still A Huge Danger to Our Rights Online | website=Electronic Frontier Foundation | date=May 2, 2023 | url=https://www.eff.org/deeplinks/2023/05/kids-online-safety-act-still-huge-danger-our-rights-online | access-date=July 27, 2023 | quote=It will be based on vague requirements that any Attorney General could, more or less, make up. | archive-date=July 26, 2023 | archive-url=https://web.archive.org/web/20230726230654/https://www.eff.org/deeplinks/2023/05/kids-online-safety-act-still-huge-danger-our-rights-online | url-status=live }}</ref><ref name="Molloy 2023">{{cite web | last=Molloy | first=Parker | title=Congress is About to Pass a Very Bad Internet Bill. Here's How You Can Stop It. | website=Substack | date=July 27, 2023 | url=https://www.readtpa.com/p/congress-is-about-to-pass-a-very | access-date=July 27, 2023 | quote=The bill would enforce monitoring of anyone under the age of seventeen and give state attorneys general the power to censor content. | archive-date=July 27, 2023 | archive-url=https://web.archive.org/web/20230727231012/https://www.readtpa.com/p/congress-is-about-to-pass-a-very | url-status=live }}</ref> likening it to the [[FOSTA-SESTA]] bills.<ref>{{cite web | last=Philips | first=Sarah | title=This Bill Threatens Access to LGBTQ+ Online Communities | website=Teen Vogue | date=July 27, 2023 | url=https://www.teenvogue.com/story/kids-online-safety-act-lgbtq-youth | access-date=July 27, 2023 | quote=Like SESTA/FOSTA, KOSA creates the aforementioned duty of care for social media companies, giving state attorneys general the power to sue sites like Instagram or Twitter if they put up content they deem “harmful” for kids and teens. With SESTA/FOSTA, we saw that tech companies preferred to shut down already-policed content about reproductive justice, LGBTQ+ identities, and sex education than risk a lawsuit. | archive-date=July 27, 2023 | archive-url=https://web.archive.org/web/20230727113701/https://www.teenvogue.com/story/kids-online-safety-act-lgbtq-youth | url-status=live }}</ref> The bill was revised in February 2024 as to shift the enforcement of the "duty of care" aspects of the bill from state attorneys to the Federal Trade Commission, though states would still be able to enforce other parts of the bill.<ref>{{cite web | url = https://www.theverge.com/2024/2/15/24073878/kids-online-safety-act-new-senate-support | title = Kids Online Safety Act gains enough supporters to pass the Senate | first = Lauren | last =Feiner | date = February 15, 2024 | accessdate = February 18, 2024 | work = [[The Verge]] }}</ref>

The conservative think tank [[The Heritage Foundation]] has written that the initial 2022 iteration of KOSA doesn't go far enough, as the bill doesn't explicitly list transgender healthcare as a harm.<ref name="Eckert 2022 v888">{{cite web | last=Eckert | first=Jared | title=How Not To Keep Children Safe Online | website=The Heritage Foundation | date=March 21, 2022 | url=https://www.heritage.org/technology/commentary/how-not-keep-children-safe-online | access-date=July 27, 2023 | archive-date=July 27, 2023 | archive-url=https://web.archive.org/web/20230727231011/https://www.heritage.org/technology/commentary/how-not-keep-children-safe-online | url-status=live }}</ref><ref>{{cite web | last=Philips | first=Sarah | title=This Bill Threatens Access to LGBTQ+ Online Communities | website=Teen Vogue | date=July 27, 2023 | url=https://www.teenvogue.com/story/kids-online-safety-act-lgbtq-youth | access-date=July 27, 2023 | quote=KOSA’s supporters might want to ignore the fact that it’s a censorship bill in disguise, but the Heritage Foundation is saying the quiet part out loud. The hard-line conservative organization has openly said KOSA will help them censor the content conservatives don’t want young people to have access to. | archive-date=July 27, 2023 | archive-url=https://web.archive.org/web/20230727113701/https://www.teenvogue.com/story/kids-online-safety-act-lgbtq-youth | url-status=live }}</ref> The inclusion of the phrase "consistent with evidence-informed medical information"<ref>{{cite web | title=S.1409 | website=Congress.gov | date=May 2, 2023 | url=http://www.congress.gov/bill/118th-congress/senate-bill/1409/text | access-date=August 1, 2023 | quote=Sec 3.b.2: the covered platform or individuals on the platform from providing resources for the prevention or mitigation of suicidal behaviors, substance use, and other harms, including evidence-informed information and clinical resources. | archive-date=July 31, 2023 | archive-url=https://web.archive.org/web/20230731115434/https://www.congress.gov/bill/118th-congress/senate-bill/1409/text | url-status=live }}</ref> could be used by attorneys general to cherry-pick anti-trans sources as justification, since there is no definition of what "evidence-based medical information" can include.<ref name="Molloy 2023 b">{{cite web | last=Molloy | first=Parker | title=Congress is About to Pass a Very Bad Internet Bill. Here's How You Can Stop It. | website=Substack | date=July 27, 2023 | url=https://www.readtpa.com/p/congress-is-about-to-pass-a-very | access-date=July 27, 2023 | quote=(In a block quote from Evan Greer) The phrase "consistent with evidence-informed medical information" does nothing to prevent that, because AGs can always find cherry-picked studies to support their wild claims. They're doing this right now. In his "emergency" order attempting to ban gender-affirming care, Missouri's attorney general cited a Swedish study that claims there is a lack of evidence to support the efficacy and safety of gender-affirming care. There is no legal definition of "evidence-based." Those are just words. This bill will absolutely allow AGs to go after platforms for recommending speech they don't like to younger users. Tying the duty of care to specific mental health outcomes is also problematic because it will lead to suppression of all discussion around those important but controversial topics. | archive-date=July 27, 2023 | archive-url=https://web.archive.org/web/20230727231012/https://www.readtpa.com/p/congress-is-about-to-pass-a-very | url-status=live }}</ref> Senator Blackburn, co-author of the bill, has argued that some education about racism and the civil rights movement overlaps with [[critical race theory]], which she labels a "dangerous ideology" that can inflict "mental and emotional damage" upon children.<ref name="Blackburn 2021">{{cite web | title=Why Is Critical Race Theory Dangerous For Our Kids? | website=U.S. Senator Marsha Blackburn of Tennessee | date=July 12, 2021 | url=https://www.blackburn.senate.gov/2021/7/why-is-critical-race-theory-dangerous-for-our-kids | access-date=July 27, 2023 | quote=While parents struggle to help their children manage the mental and emotional damage inflicted by this dangerous ideology, the left will continue to re-write our education system to fit their woke agenda—and they won’t stop until CRT is in every classroom in America. I will gladly stand with Tennessee parents to demand an end to this latest, unhinged attempt to brainwash our nation’s children. | archive-date=July 2, 2023 | archive-url=https://web.archive.org/web/20230702110407/https://www.blackburn.senate.gov/2021/7/why-is-critical-race-theory-dangerous-for-our-kids | url-status=live }}</ref> She has also explicitly stated that the bill will be used to censor content involving the transgender community.<ref>{{Cite news |url=https://www.nbcnews.com/nbc-out/out-politics-and-policy/senator-appears-suggest-bipartisan-bill-will-censor-transgender-conten-rcna103479 |work=NBC |title=Senator appears to suggest bipartisan bill would censor transgender content online |access-date=September 6, 2023 |archive-date=September 6, 2023 |archive-url=https://web.archive.org/web/20230906114728/https://www.nbcnews.com/nbc-out/out-politics-and-policy/senator-appears-suggest-bipartisan-bill-will-censor-transgender-conten-rcna103479 |url-status=live }}</ref> EFF columnist Jason Kelly states that in the framework provided by the bill, that KOSA could be used to censor education about racism in schools since it could be claimed that it impacts mental health.<ref>{{cite web | last=Kelley | first=Jason | title=The Kids Online Safety Act is Still A Huge Danger to Our Rights Online | website=Electronic Frontier Foundation | date=May 2, 2023 | url=https://www.eff.org/deeplinks/2023/05/kids-online-safety-act-still-huge-danger-our-rights-online | access-date=July 27, 2023 | quote=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. | archive-date=July 26, 2023 | archive-url=https://web.archive.org/web/20230726230654/https://www.eff.org/deeplinks/2023/05/kids-online-safety-act-still-huge-danger-our-rights-online | url-status=live }}</ref>

In September 2023, a video from the Family Policy Alliance showed Blackburn saying that there should be a priority to "protecting minor children from the transgender in this culture", alongside her promotion for KOSA, stating "This would put a duty of care and responsibility on the social media platforms, and this is where children are being indoctrinated."<ref name="nbcnews blackburn lgbt">{{cite web | url = https://www.nbcnews.com/nbc-out/out-politics-and-policy/senator-appears-suggest-bipartisan-bill-will-censor-transgender-conten-rcna103479 | title = Senator appeared to suggest bipartisan bill would censor transgender content online | first = Matt | last = Latieves | date = September 5, 2023 | accessdate = February 18, 2024 | work = [[NBC News]] }}</ref> This drew criticism from [[LGBT]] advocacy groups, fearing that the bill would allow LGBT information aimed for minors would be censored, and a spokesperson for Blackburn stated that KOSA was not intended to censor LGBT information.<ref name="nbcnews blackburn lgbt"/> To address these concerns, the bill's language was altered so that the "duty of care" only focused on the product design features that influenced minors' behavior with the platforms, and not the content. As a result, several LGBTQ groups, including [[GLAAD]] and [[GLSEN]], dropped their opposition to the bill,<ref>{{cite web | url = https://www.washingtonblade.com/2024/02/15/lgbtq-groups-drop-opposition-to-kids-online-safety-act/ | title = LGBTQ groups drop opposition to Kids Online Safety Act | first = Christopher | last = Kane | date = February 15, 2024 | accessdate = February 18, 2024 | work = [[Washington Blade]] }}</ref> though the EFF and Fight for the Future found the revisions far from adequate, arguing that LGBTQ content could still be suppressed by targeting any design feature that makes that content available.<ref>{{Cite web |last=Silberling |first=Amanda |date=2024-02-15 |title=Lawmakers revise Kids Online Safety Act to address LGBTQ advocates' concerns |url=https://techcrunch.com/2024/02/15/lawmakers-revise-kids-online-safety-act-to-address-lgbtq-advocates-concerns/ |access-date=2024-02-19 |website=TechCrunch |language=en-US}}</ref><ref>{{Cite web |last=Kelley |first=Jason |last2=Mackey |first2=Aaron |last3=Mullin |first3=Joe |date=2024-02-15 |title=Don’t Fall for the Latest Changes to the Dangerous Kids Online Safety Act |url=https://www.eff.org/deeplinks/2024/02/dont-fall-latest-changes-dangerous-kids-online-safety-act |access-date=2024-02-19 |website=Electronic Frontier Foundation |language=en}}</ref>