The Senate Should Reject KOSA's Privacy Risks

The Senate Commerce Committee is once again examining legislation that would significantly broaden age verification requirements and potentially compromise privacy for all users. This legislation, known as the Kids Online Safety Act (KOSA), joins other bills such as the SCREEN Act, the CHATBOT Act, and the Youth AI Privacy Act. The KOSA would compel companies to gather additional user data and introduce new incentives for restricting lawful speech.

The Senate version of KOSA imposes a "duty of care" on online services to shield young users from certain harmful content. However, achieving this objective is contingent upon online services being able to identify which users are minors. Consequently, this could prompt a surge in the adoption of age verification or estimation systems across various platforms. These systems generally entail divulging more sensitive information, such as enabling access to lawful online speech and services.

While online privacy is a fundamental right for everyone, KOSA and similar bills seem more focused on mandating platforms to verify users' ages, rather than safeguarding privacy. By requiring individuals to authenticate their identities before engaging online, these bills could potentially curtail free expression and limit access to information. Moreover, such measures might prompt companies to censor lawful content to avoid legal repercussions from government authorities.

Even more concerning, KOSA could lead to state-level officials, rather than families, determining what constitutes acceptable online content for minors and adults. This shift in decision-making power could result in the suppression of potentially controversial discussions and forums where people share resources for various issues like gambling and drug addiction. It's crucial to remember that KOSA's impact may extend beyond minors and could threaten the privacy and free speech of adults as well.

As a result, it's imperative that Congress reject KOSA and prioritize comprehensive privacy legislation that safeguards the rights of all users without undermining privacy, security, or free expression.