In an August 6th newsletter, Project Liberty provided an overview of the recent passage in the U.S. Senate of the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0). Find Details here.
In a historic 91-3 vote…the US Senate passed the Kids Online Safety Act (KOSA) and Children and Teens’ Online Privacy Protection Act (COPPA 2.0).
For Maurene Molak, who lost her son David to suicide after years of cyberbullying, last week’s passage in the Senate of two bills aimed at child safety online represented “a historic and emotional milestone for myself and for all parents who have fought tirelessly to protect our children from the dangerous environments created by Big Tech,” she said.
But to become law, the bills now make their way to the House. Will the House approve them? Or will their passage stall due to concerns over privacy and speech? We break down the latest legislative news.
Two bills, one vote
The passage of KOSA and COPPA was the most significant restriction on tech platforms to clear a chamber of Congress in decades.
- Senator Edward Markey (D-Mass), who led the push to pass the original COPPA bill in the 1990s, said, “This is the first time in 26 years that we’ve been able to come back and to put the protections that were needed then, and are even more needed today, on the books.”
- The overwhelming bipartisan support in the Senate is the result of many factors including increasing concern about the harms of social media, a Congressional hearing where big tech leaders testified, and pressure from a chorus of voices: parents like Molak, teachers, child advocacy groups, and other organizations seeking to build a safer web.
“We’re simply creating an environment that is safe by design. And at its core, this bill is a product design bill.”
The Bills
KOSA and COPPA, which were combined into one legislative vehicle called KOSPA, expand online privacy and safety protections for children.
Kids Online Safety Act (KOSA)
KOSA was first introduced in 2022, as a direct result of Frances Haugen, a Facebook whistleblower and Project Liberty Fellow, leaking files showing how Facebook was aware of the harm it caused to teens.
- KOSA creates a “duty of care” that places the responsibility on tech companies to ensure their platforms are safe. This means proactively designing their platforms and products in ways that mitigate the risks for minors facing online bullying, sexual exploitation, or other harmful content.
- Beyond the duty of care, KOSA introduces other safeguards, such as preventing unknown adults from being able to communicate with kids, restricting the ability to share minors’ geolocation data, ensuring that kids’ accounts have the strictest level of safety, by default, and requiring independent audits and research into how these platforms impact the well-being of kids and teens. It also gives the Federal Trade Commission, rather than state attorneys general, who have been busy filing a raft of lawsuits against big tech, the ultimate power to sue tech companies over content.
Children and Teens’ Online Privacy Protection Act (COPPA 2.0)
COPPA 2.0 builds on the original COPPA, which was passed in 1998 to strengthen child privacy. The 1998 law required that websites and other online services obtain parental consent before collecting data from minors. COPPA 2.0 raises the age of those eligible for protections from 13 to 17 years old.
According to Senator Richard Blumenthal (D-CT), COSPA isn’t aimed at blocking users or censoring content. “We’re simply creating an environment that is safe by design. And at its core, this bill is a product design bill,” he said.
No easy road to passage
The bills face an uphill battle to get passed in the US House…House Republicans indicated that they had no plans to take up the bill. With an upcoming recess and national presidential election, it’s possible the House won’t schedule a vote or could make changes to the bills that would require them to go back to the Senate. Given the sensitivity of issues surrounding speech, privacy, and safety, the bills face an uncertain fate.
But for parents who have lost children to the harms online, passage is an imperative. Ian Russell and Christine McComas, who each lost a daughter to suicide, made their case in op-ed in Tech Policy Press last week:
“KOSPA will demonstrate US leadership around the world. If enacted, the bill would help pave the way for similar efforts in other countries—like the UK’s newly passed Online Safety Act—and help protect kids across the globe.”
About Project Liberty
Project Liberty is stitching together an ecosystem of technologists, academics, policymakers and citizens committed to building a better internet—where the data is ours to manage, the platforms are ours to govern, and the power is ours to reclaim. Frank McCourt, Founder of Project Liberty, elaborates on the mission: “The internet is broken, and it’s urgent that we fix it. We can – and must – do more to safeguard the health and wellbeing of our children, our democracy, and our society as a whole. The institutions and ideals we cherish most are being destroyed for use of free apps that steal our personal data and digital identities. I encourage anyone who is interested in reclaiming their personhood from the machines of Big Tech to engage with Project Liberty and help reimagine an internet that is designed for people and the collective good. We can do this.”
What is the Kids Online Safety Act (KOSA)?
The Kids Online Safety Act (KOSA) is a proposed U.S. legislative bill aimed at enhancing online safety for children and teenagers. Its primary goal is to protect minors from harmful content, cyberbullying, and the negative impacts of social media on mental health. The act seeks to hold social media platforms and tech companies accountable by requiring them to implement stricter safety measures, including:
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Parental Controls: Platforms would need to provide tools that allow parents to monitor and manage their children’s online activity more effectively.
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Safety by Design: Tech companies would be required to prioritize child safety in the design of their platforms, ensuring that features like algorithms do not promote harmful or addictive content to minors.
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Data Transparency: Companies would have to disclose how their platforms might impact children’s mental health and well-being and the data they collect on minors.
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Risk Prevention: Platforms would need to take proactive steps to mitigate the spread of content related to self-harm, eating disorders, exploitation, and other harmful material targeted at children.
KOSA has been praised for addressing concerns about the impact of technology on youth, though some critics argue that the act could raise privacy issues and censorship concerns. The act reflects growing concerns about the influence of digital spaces on young users and a push for more regulation in the tech industry.
What is the Children and Teens’ Online Privacy Protection Act (COPPA 2.0)?
he Children and Teens’ Online Privacy Protection Act (COPPA 2.0) is an update to the original Children’s Online Privacy Protection Act (COPPA), which was enacted in 1998 to protect the privacy of children under 13. COPPA 2.0 expands these protections to include teenagers and addresses modern challenges in the digital environment. The key components of COPPA 2.0 include:
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Expanding Protections to Teens: COPPA 2.0 extends privacy protections to teenagers aged 13 to 16, covering an age group that spends significant time online and is increasingly vulnerable to data collection and manipulation by digital platforms.
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Stricter Data Collection Rules: The updated act would place tighter restrictions on how tech companies collect, store, and use personal data of both children and teens. It requires explicit consent from parents or guardians for children and stricter opt-in procedures for teens.
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Ban on Targeted Advertising: The act prohibits targeted advertising to children and teens based on personal data, addressing concerns about how companies use data to manipulate younger users and encourage excessive screen time or spending.
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Creation of an Eraser Button: COPPA 2.0 would require companies to allow users under 16 to delete their personal data, giving them more control over their digital footprint and privacy.
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Transparency and Accountability: Tech companies would be required to clearly disclose their data collection practices and create stronger oversight mechanisms to ensure compliance.
This proposed legislation is part of broader efforts to strengthen online privacy protections for younger users, as concerns over data misuse, surveillance, and the influence of technology on youth continue to grow.
https://oodaloop.com/archive/2024/08/13/google-is-a-monopolist-and-has-acted-to-maintain-its-monopoly/
https://oodaloop.com/archive/2021/10/05/the-information-threat-vectors-why-facebook-regulation-and-accountability-matters/
Additional OODA Loop Resources
The OODA Network on New AI-based Threats and Issues for the U.S. Cognitive Infrastructure, Internet Safety and Wellness for Kids: Following the initial discussion at the April 2024 OODA Network Monthly Meeting of Domain-Specific Large Language Model Development and Use Cases, and the follow-up discussion on Exponential Technology Disruption, Global Risk, and Geopolitical Futures, the spoofing capabilities of AI creating new threats and issues began a discussion that gradually focused on and distilled more granular insights related to Internet-based Child Safety and Wellness – and potential preventive business models and platforms. Details of that portion of the meeting discussion can be found here.
Cognitive Infrastructure Worldwide is Under Attack in “the Worst Cognitive Warfare Conditions since WWII”: What should the U.S. learn from some of the challenges faced by the cognitive infrastructure of other countries? Following are global updates (since our initial analysis over the course of 2022) of formal nation-state cognitive infrastructure efforts, for good and for ill, and conditions on the ground in various countries.
Networked Extremism: The digital era enables extremists worldwide to collaborate, share strategies, and self-radicalize. Meanwhile, advanced technologies empower criminals, making corruption and crime interwoven challenges for global societies. See: Converging Insurgency, Crime and Corruption
Geopolitical-Cyber Risk Nexus: The interconnectivity brought by the Internet has made regional issues affect global cyberspace. Now, every significant event has cyber implications, making it imperative for leaders to recognize and act upon the symbiosis between geopolitical and cyber risks. See The Cyber Threat
About the Author
Daniel Pereira
Daniel Pereira is research director at OODA. He is a foresight strategist, creative technologist, and an information communication technology (ICT) and digital media researcher with 20+ years of experience directing public/private partnerships and strategic innovation initiatives.
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