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July 26, 2024

KOSA Overcomes Major Procedural Hurdle in U.S. Senate

WASHINGTON—The Kids Online Safety (KOSA) overcame a significant procedural hurdle in the U.S. Senate today. Combined with another child safety measure, COPPA 2.0, the bills are now the Kids Online Safety and Privacy Act (KOSPA). The procedural vote, 86 to 1, was a cloture vote to prevent further floor debate through a filibuster tactic.  There are about 70 co-sponsors for the measure. An official floor vote is expected within the next week or so, according to additional news reports. The Kids Online Safety Act requires a duty of care for websites used by young people "to prevent and mitigate the following harms to minors." The duty of care requires platforms to implement settings and protocols that help prevent certain mental health disorders, physical violence, online bullying and harassment, eating disorders and sexual exploitation. Opponents say KOSPA raises concerns of being in violation of the First Amendment rights of not only adults but also young LGBTQ+ people.  AVN has reported extensively on the Kids Online Safety Act and its tumultuous history. Sens. Richard Blumenthal, D-Conn., and Marsha Blackburn, R-Tenn., introduced the bill. COPPA 2.0, officially the Children and Teens’ Online Privacy Protection Act, was introduced by Sens. Ed Markey, D-Mass., and Bill Cassidy, R-La., to update privacy regulations for minors. “We are no longer going to trust big tech to do the job," explained Sen. Blumenthal in a press conference. "We are determined that we will make this product safer by empowering young people and their parents and create a duty of care." Sen. Ron Wyden, D-Ore., a staunch civil libertarian and one of the authors of Section 230 of the Communications Decency Act of 1996, came out against the bill.   "I fear this bill could be used to sue services that offer privacy-enhancing technologies like encryption or anonymity features that are essential to young people’s ability to communicate securely and privately without being spied on by predators online," Wyden said in a statement. "I also take seriously concerns voiced by the American Civil Liberties Union, Fight for the Future, and LGBTQ+ teens and advocates that a future MAGA administration could still use this bill to pressure companies to censor gay, trans, and reproductive health information. “For these reasons, I cannot vote for this legislation," Wyden added.  According to Reuters, the Biden White House reaffirmed its support for the bills. 

 
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