The internet’s rapid popularity and growth have proven to be helpful and harmful at the same time. Countless lawmakers have tried to craft bills to rein in the worst parts of the web without suppressing free speech or the free market. This week, the Senate found that sweet spot – legislation to shield children from predatory content on which nearly everyone could agree.
The Senate combined two data privacy bills: the Kids Online Safety Act “KOSA” (S. 1409) and the Children and Teens’ Online Privacy Protection Act “COPPA” (S. 1418). According to the bill’s sponsors – Sens. Blackburn (R-TN) and Blumenthal (D-CT), KOSA “would require social media platforms put the interests of children first by requiring platforms to make safety the default and to give kids and parents tools to help prevent the destructive impact of social media.” Under the law, online platforms would be required to have the strongest privacy settings by default. Kids (and their parents) would be given options to disable addictive product features, opt out of algorithmic recommendations, and be provided a dedicated channel to report harm.
In addition, it prevents social media platforms from encouraging addictive content, marketing of narcotics, gambling, and alcohol, and viewing personal data like location. It also allows parents to view and manage their child’s online presence.
COPPA, originally passed in 1998, bans websites from knowingly collecting information on children 12 or younger without their parents’ permission. The updated version raises the age to sixteen and broadens the definition of personal information to include biometric indicators such as fingerprints, voice prints, and facial imagery.
Pew Research Center found that 93% of teens use social media with more girls spending more time than boys. Another study from the Jama Institute found that habitually checking social media rewired the brains of adolescent girls. They were less likely to control impulsive behaviors. Extensive use of social media has been shown to result in higher rates of depression, anxiety, substance abuse, eating disorders, and suicide. Curbing these negative side-effects motivated Members of Congress to act.
KOSA/COPPA passed the Senate by a 91-3 vote. The three Senators who voted against it cited concerns over censorship. Sen. Ron Wyden (D-OR) was concerned that “essential” LGBT content would be suppressed although he recognized that the language of the bill would make it less likely to happen. Sens. Mike Lee (R-UT) and Rand Paul (R-KY) took issue with potential free speech suppression in general. Recent history has shown us that conservative content and users are much more likely to be censored for what the Left likes to falsely label “misinformation” (i.e. calling a biological male a “man” or that the COVID-19 vaccine has serious side effects).
One of the issues that Sen. Lee would have liked to see in the bill is language to prevent children from being exposed to pornographic material online. Current attempts to filter out this content have been unsuccessful. Studies show 80% of teenagers have already seen pornography and the result is the same mental health problems and sexual exploitation that KOSA seeks to address. His bill, the Shielding Children’s Retinas from Egregious Exposure on the Net “SCREEN” Act (S. 3314) would require pornography websites to implement age verification measures. Unfortunately, this language was not considered during the Senate debate.
The concerns are more widespread in the House. House Energy and Commerce Committee Chair Cathy McMorris-Rodgers (R-WA) has indicated that she is willing to move it through her committee with some changes. Speaker Mike Johnson (R-LA) has been more reserved about the bill, but said he is “looking at the details of it” and would “like to get it done.”
Protecting children from the evils of social media is an overdue task. The KOSA/COPPA bill has the potential to protect our children from decades of mental health issues. We encourage the House to make necessary changes to preserve free speech and address the problems of pornographic content by adding the language of the SCREEN Act.