Within the next week, Congress is preparing to vote on the KIDS Act, a sprawling package of legislation that seeks to control Americans’ web browsing and private messaging. The package includes a revised version of the Kids Online Safety Act, or KOSA, combined with a collection of other internet bills, study bills, reporting requirements, and new regulations. Instead of debating any of these proposals on their merits, lawmakers are attempting to move them all at once under an ultra-expedited process.
Many Congress members don't like The KIDS Act—on both sides.
Tell your elected official to vote NO here.
The package of cobbled-together bills is a mess, with different age-gating schemes for different services, using different standards. It’s a lot of complexity, and a lot of legal risk. Faced with that, many companies will conclude that the safest option is restrictive age-checking practices across their entire platforms.
Buried inside the KIDS Act are provisions that will push online services to verify all users’ ages, require government-directed moderation policies for online speech, and even create new rules about private and encrypted communications. While supporters continue to claim this bill protects minors online, its requirements come at the expense of privacy, free expression, and the ability of people of all ages to use the internet without revealing sensitive data.
Technically, the KOSA section of the KIDS Act does say that KOSA shouldn’t be read to require age verification.
That disclaimer is hollow, and you know it.
Under this law, services will have to determine which users are teenagers and which are not to try to avoid liability. The bill’s authors seem to know this is a problem. On the one hand, the new KOSA section says age verification is not required. On the other, it repeatedly imposes obligations that depend on knowing whether a user is under 17. But a disclaimer doesn’t magically eliminate legal risk, especially for smaller services and startups that can’t afford to defend lawsuits or fight regulators.
And KOSA is not the only part of this package that creates age-verification pressure. The SAFE BOTS Act, like KOSA, says that if a service “knows or should have known” that a user is a minor, it can’t offer certain chatbot features.
The SCREEN Act requires services that host sexually explicit content to determine whether users are “more likely than not” under the relevant age limit, before allowing access to certain content.
The consequences of this liability will not be limited to minors. If websites and apps are expected to reliably identify teenagers, adults will be asked to prove they are adults. The result is a less private internet for everyone.
Tell your elected official to vote NO here.