Congress Amended KOSA, But It’s Still A Censorship Bill

A key Senate committee voted to move forward one of the most dangerous bills we’ve seen in years: the Kids Online Safety Act (KOSA). EFF has opposed the Kids Online Safety Act, S. 1409, because it’s a danger to the rights of all users, both minors and adults. The bill requires all websites, apps, and online platforms to filter and block legal speech. It empowers state attorney generals, who are mostly elected politicians, to file lawsuits based on content they believe will be harmful to young people. 

These fundamental flaws remain in the bill, and EFF and many others continue to oppose it. We urge anyone who cares about free speech and privacy online to send a message to Congress voicing your opposition. 

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the “kids online safety act” isn’t safe for kids or adults

Before the Senate Commerce Committee voted to move forward the bill on July 27, it incorporated a number of amendments. While none of them change the fundamental problems with KOSA, or our opposition to the bill, we analyze them here. 

The Bill’s Knowledge Standard Has Changed

The first change to the bill is that the knowledge standard has been tightened, so that websites and apps can only be held liable if they actually know there’s a young person using their service. The previous version of the bill regulated any online platform that was used by minors, or was “reasonably likely to be used” by a minor. 

The previous version applied to a huge swath of the internet, since the view of what sites are “reasonably likely to be used

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