The Kids’ Online Safety Act (KOSA)

The Act empowers the Federal Trade Commission to take legal action against apps, websites, or any other internet platform with features deceptively designed in ways that generally harm users within its age scope.

KOSA will likely require drastic changes in how social media platforms operate. These platforms might need to:

• Invest in much more robust systems of content moderation
• Design stricter age verification processes
• Consider redesigning algorithms to be less addictive for younger users

The specific details of which platforms will be subject to KOSA are still being debated. However, the Act is likely to target large social media companies with a significant number of underage users.

Yes. KOSA is part of a broader global trend in which online platforms have come under increased regulation, especially concerning the safety of young users. For instance, the Arkansas Social Media Safety Act, which requires age verification for social media users in the state, represents a similar approach at the state level. 

Another example is the UK’s Online Safety Act, which became law in October 2023. It introduced regulations for online platforms to protect users, particularly children, from harmful content. Notably, it holds the platforms responsible for failing to remove harmful content.

Existing regulations, like the Children’s Online Privacy Protection Act (COPPA), already regulate data collection for children under 13 in the U.S. KOSA extends its protections to people under 16 years of age, and this brings up some considerations that haven’t been fully ironed out yet. 

For instance, the two legislations on parental consent have different requirements. KOSA also expands the scope of protected online activities, and thus, how this potential overlap in age ranges and protection measures will be managed is still not clear. 

Notably, though COPPA allows companies to collect information on users under 13 years old with parental consent, the act has, in practice, led many of the major platforms to ban them from having an account at all.

The passage and implementation of KOSA face several significant challenges. One major concern is the potential for unintended censorship. How far is too far when protecting children and their freedom of speech? 

Lawmakers and regulators have the difficult task of deciding how to define “harmful content.” This definition must be specific enough to be enforceable yet broad enough to cover various forms of potentially harmful content.

Besides, implementing such measures on massive global platforms presents many logistical challenges. The internet’s global nature means that enforcing U.S.-based regulations on international user platforms will be problematic. 

Additionally, implementing KOSA’s requirements is likely to add an undue burden on smaller companies with fewer resources. The proposed bill’s requirements present technical and operational challenges for platforms of all sizes.

If your business operates online platforms or collects data from underage users, KOSA could have significant implications. The specific regulations and compliance requirements mandated by KOSA are yet to be finalized. 

So, stay tuned on the bill’s progress and seek legal and professional advice on the potential compliance obligations it might require.

The Kids’ Online Safety Act’s status can be found on the US Senate’s official website. Of course, we will continue to provide updates and insights on the bill on our blog.