WASHINGTON—Today, the House Energy & Commerce Committee is holding a markup on two bills that are false promises to Americans and our families, the American Privacy Rights Act (APRA) and the Kids Online Safety Act (KOSA).
“If enacted, APRA and KOSA would give Americans and their families a false promise for safety and security online,” said Carl Szabo, NetChoice Vice President & General Counsel. “APRA and KOSA fail to achieve their stated goals and actually create more privacy and security concerns for Americans while violating their rights. Members of the Committee should reject them both.”
NetChoice remains committed to collaborating with policymakers on effective proposals, but regrettably, we do not support KOSA or APRA. They will ultimately fail to achieve their stated goals for Americans and families.
KOSA Would Enable a Cybersecurity Disaster, Thwart Parents & Jeopardize the First Amendment
- KOSA is riddled with serious constitutional and privacy concerns, and it undermines parental authority. Parents—not bureaucrats or politicians—are the most appropriate decision makers for their children’s online presence.
- An unconstitutional law will protect zero Americans. KOSA likely violates the U.S. Constitution many times over. Similar laws in Arkansas, California, Ohio and more are being challenged in courts, with judges recognizing various provisions as problematic that are similar to KOSA’s language.
- It implicitly requires mass data collection on all Americans, contradicting APRA’s stated privacy goals and jeopardizing U.S. cybersecurity, as various examples show, including one hack revealed just yesterday.
- KOSA gives control to FTC bureaucrats, led by progressive ideologue Lina Khan, over online speech.
- There are constitutional, effective alternatives available to policymakers that will keep kids safe online, which NetChoice outlines in our SHIELD campaign.
APRA Carves Out Select States from Privacy Rules, Enables Frivolous Lawsuits & Empowers Biden Bureaucrats
- APRA addresses a critical issue that matters to Americans and businesses, initiating a crucial dialogue on comprehensive data privacy. However, NetChoice cannot support it in its current form.
- APRA fails to establish a true national privacy standard by carving out select states, undermining uniformity in data protection.
- The private right of action provision is particularly problematic, as it could lead to exploitative and frivolous lawsuits that burden businesses without effectively protecting consumer privacy.
- It blocks access to online information and educational resources for minors while giving FTC bureaucrats the power to decide what is “appropriate,” rather than parents and guardians.
- It exempts certain nonprofits and businesses, creating an uneven playing field for compliance and a false sense of privacy for Americans.
You can find NetChoice’s one-pager on APRA here, on KOSA’s cybersecurity issues here, constitutional flaws here and more information on our SHIELD proposals here.
Please contact Krista Chavez at press@netchoice.org with inquiries.