from the always-think-of-how-your-worst-enemy-will-use-this-law dept
For a while, we’ve been pointing out how terrible KOSA (the Kids Online Safety Act) is. Our main concern is that the bill would fundamentally lead to the suppression of all kinds of speech. That’s because the “duty of care” provision, while limited, would allow officials (mostly at the FTC, which can get partisan) to argue that certain types of results were due to a design failure, and companies would seek to suppress content, rather than face the potential liability.
In spite of some revisions, the bill’s many critics have warned that KOSA would dangerously sanitize the internet, empower censorship and isolate young LGBTQ people in the process. Security, privacy and free press advocates have also called attention to the bill’s potential threat to encryption. The bill was revised last year in response to some criticisms, but many concerns persist.
However the claim that KOSA is “reasonable,” “impactful,” “tailored,” or “thoughtful” is just grade-A bullshit. The law is a total mess, and will do real harm to kids beyond just being obviously unconstitutional. As we’ve pointed out multiple times, GOP support for the bill is because they know it will be used to censor LGBTQ content. The GOP’s leading “think tank,” the Heritage Foundation has publicly supported the bill because they believe censoring LGBTQ content “is protecting kids.” Meanwhile, bill co-sponsor, Marsha Blackburn (whom Smith thanks above for her “leadership,”) has similarly admitted that Congress should pass KOSA to “protect minor children from the transgender in our culture.”
We have covered the Protecting Kids On Social Media Act a few times, when it was first introduced back in April, where we highlighted how it was both unconstitutional and the rationale behind it was not supported by any actual evidence, and then again just recently when Senator Chris Murphy (one of the bill’s co-sponsors) wrote a ridiculously confused op-ed for the NY Times, claiming it was necessary because kids these days get too many music recommendations and no longer could discover new music on their own.
Wrote to Tammy Baldwin about how Republicans want to censor LGBT content with the KOSA bill that she is sponsoring! I included the following Techdirt article in my email! Not one word, about it, in her reply to me (which is just a form letter)! In fact, I didn’t bring up anything that she mentioned! As she is a LGBT person, I thought that she’d be concerned but I guess not?!
Meanwhile, Republicans are now freely admitting that they’re going to use KOSA to force websites to censor LGBTQ content. They’re literally proud of it. The Heritage Foundation, which at least used to have some principled stances before being taken over by culture warriors without any principles, is bragging about how it will use KOSA in this manner:
We’ve talked a lot about KOSA, the “Kids Online Safety Act” that has massive bipartisan support in Congress. The latest version was introduced with 26 Senators as sponsors or co-sponsors. We’ve explained over and over again how the bill is unconstitutional and will actually do a lot to harm kids.
Congress has resurrected the Kids Online Safety Act (KOSA), a bill that would increase surveillance and restrict access to information in the name of protecting children online. KOSA was introduced in 2022 but failed to gain traction, and today its authors, Sens. Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN), have reintroduced it with slight modifications. Though some of these changes were made in response to over 100 civil society organizations and LGBTQ+ rights groups’ criticisms of the bill, its latest version is still troubling. Today’s version of KOSA would still require surveillance of anyone sixteen and under. It would put the tools of censorship in the hands of state attorneys general, and would greatly endanger the rights, and safety, of young people online. And KOSA’s burdens will affect adults, too, who will likely face hurdles to accessing legal content online as a result of the bill.
Senator Brian Schatz is one of the more thoughtful Senators we have, and he and his staff have actually spent time talking to lots of experts in trying to craft bills regarding the internet. Unfortunately, it still seems like he still falls under the seductive sway of this or that moral panic, so when the bills actually come out, they’re perhaps more thoughtfully done than the moral panic bills of his colleagues, but they’re still destructive.
Senators Brian Schatz (D-Hawaii), Chris Murphy (D-Conn), Katie Britt (R-Ala) and Tom Cotton (R-Ark) introduced the Protecting Kids on Social Media Act on Wednesday. The bill would set a minimum age of 13 to use social media sites, and would require parental consent and age verification for users under 18.
Meta reported $114.93 million in ad revenue in 2021, whereas Google reported $209 billion. But determining how much of that publishers should get is difficult—and the JCPA doesn’t even try. One version of the JCPA proposed platforms and publishers negotiate an agreed-to payment, and if they couldn’t come to a consensus, they’d enter forced-arbitration with no formula for what is fair. But whether the money would end up being vast or a modest bump to the bottom line, not every publication stands to benefit if the JCPA becomes law. While the JCPA’s alliances allow for partnerships, exclusionary elements of the JCPA would encourage big brands to unite selectively at the expense of smaller ones and shut out niche independent journalistic outlets altogether.
The original text of the JCPA already authorized print media companies to form one or several cartels and collectively bargain with the largest online platforms—defined in terms that single out Facebook and Google. Although the bill hinted at these news cartels being able to demand payment for merely linking to their content, or hosting snippets like the results you get from Google News, the mechanism by which they would be paid was left vague. However, the fact that the bill allowed news companies to withhold content strongly suggested a claim to some sort of property right, or ancillary copyright, that the targeted platforms would owe for hosting links and snippets.
This would also hurt independent media and bloggers (you would have to pay a ‘link tax’ to corporate media for linking to their articles—see below image)! So far, it hasn’t passed (it was attached to the NDAA) but there’s still the omnibus spending bill and the next session of Congress!
Over the last week or so, I keep hearing about a big push among activists and lawmakers to try to get the Kids Online Safety Act (KOSA) into the year-end “must pass” omnibus bill. Earlier this week, one of the main parents pushing for the bill went on Jake Tapper’s show on CNN and stumped for it. And, the latest report from Axios confirms that lawmakers are looking to include it in the lameduck omnibus, or possibly the NDAA (despite it having absolutely nothing to do with defense spending).
Ms. Cat’s Chronicles 
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