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KOSMA is Yet Another Proposal That Would Harm Cybersecurity, Parental Rights and Speech. Congress Must Find Another Way.

Today, the Senate Commerce Committee marked up the Kids Off Social Media Act (KOSMA). KOSMA creates serious cybersecurity risks, undermines parental rights and autonomy and violates the Constitution. Lawmakers should reject this flawed approach and instead focus on real, effective solutions to online safety.

Congress has long lamented that Americans don’t have adequate privacy protections online, especially for their most sensitive and important information—and they are right. But KOSMA would make the situation a whole lot worse. The bill effectively requires every internet user—regardless of age—to submit personal documentation, such as a driving license, to access social media. This means websites would need to collect and store sensitive information, creating massive databases that will inevitably become targets for hackers.

Government databases are already under constant attack, with breaches at both state and federal levels exposing sensitive personal data. Children, in particular, are prime targets for identity theft, and by mandating widespread data collection, KOSMA would make minors more vulnerable to cyber criminals looking to exploit them and their data.

By in-effect forcing online services to process and even store sensitive data like driving licenses and birth certificates, the government would turn these services into data “honeypots,” treasure chests of information for  predators and hackers that put the data of all American users at risk of a serious breach. Last summer, a leading ID verification service used by major companies exposed sensitive and private user information to hackers for over a year. KOSMA stands to make these situations more common.

KOSMA also strips parents of the ability to decide what online tools they feel are appropriate for their families. The bill bans minors under 13 from social media entirely and imposes sweeping restrictions on content for users under 17. Blanket bans and burdensome restrictions to online tools for teens are Washington saying it knows better than parents when it comes to raising a family.

In reality, every family has different needs. Some parents may allow their child to use YouTube Kids for educational videos, and others may choose to let their teen join a moderated online community to discuss their hobbies or interests. These are choices that parents and guardians should have the right to make depending on their own child’s needs—rather than Congress mandating how every family in America uses the internet.

Many platforms provide comprehensive parental controls that allow families to set screen time limits, monitor activity and restrict certain types of content. Instead of banning access outright, Congress should focus on expanding educational initiatives and ensuring families have the tools they need to navigate the digital world safely.

Like other mandates that in-effect require age verification, KOSMA conflicts with the First Amendment and is unconstitutional. The Supreme Court has repeatedly affirmed that minors have constitutional rights to lawful speech, including in the 2011 case Brown v. Entertainment Merchants Association. KOSMA, however, conditions access to protected speech and information on submitting personal documentation for all Americans, adults and minors alike, which raises serious First Amendment concerns.

By imposing strict limits on content, KOSMA restricts how young people discover and engage with information online, making it harder for them to access news, civic discourse and other lawful speech. Lawmakers should avoid government overreach that places unlawful barriers between Americans and the information they choose to consume.

Instead of pushing KOSMA forward, Congress should focus on meaningful solutions that would make the internet safer for children while respecting privacy, free speech and the fundamental right of parents to raise their children as they see fit. NetChoice’s SHIELD framework offers a better way forward. Lawmakers should work to secure data privacy for all Americans with a strong federal privacy law, hold child abusers accountable by ensuring law enforcement has the resources to prosecute online predators and invest in child safety initiatives that truly protect kids. Parents should be empowered with educational resources and easy-to-use safety tools, and children should be given the digital literacy education they need to navigate the modern internet responsibly.

The goal of keeping kids safe online is one we all share. But KOSMA takes the wrong approach—one that sidelines parents, puts Americans at risk and limits access to essential online resources. Congress should reject this misguided bill and instead work toward effective solutions that protect both kids and the rights of families.