WASHINGTON—Today, the U.S. Senate unfortunately passed the “Kids Online Safety Act.” The bill faces broad opposition from across the ideological spectrum and from issue-specific organizations, such as those fighting the predation of minors online and LGBT rights groups.
“Parents need solutions that are legal and meaningful, but KOSA is neither. KOSA’s data privacy, cybersecurity, censorship, and constitutional risks remain unaddressed. NetChoice hopes to work with lawmakers in the House to protect minors and families from KOSA’s many issues,” said Carl Szabo, NetChoice Vice President & General Counsel. “Lawmakers must recognize that an unconstitutional law will help no one.”
Congress has good intentions in wanting to address concerns about minors can face online, but KOSA’s unconstitutional mandates could lead to vital information being hacked. Minors are already at huge risk of ID theft online, and experts note that KOSA would make the problem worse.
Szabo continued: “Despite today’s Senate vote, better policy solutions are still available for consideration, including adequately funding law enforcement to appropriately prosecute online predators through the bipartisan Invest in Child Safety Act. NetChoice also has several additional recommendations that we’re keen to work on with lawmakers looking for real solutions.”
NetChoice currently has four injunctions against similar state laws related to KOSA, and legal analysis shows unconstitutional measures that lead to these injunctions at the state level are also mirrored in KOSA. Read more about the rulings in those lawsuits and how they show KOSA is likely unconstitutional here.
Learn more about NetChoice’s constitutional recommendations for policymakers on online safety here.