KOSA
requires online platforms to enable the strongest privacy settings for children by default as well as prevent and mitigate specific dangers to them. It also requires independent audits and research. Critics argue some provisions would "threaten young people's privacy, limit minors' access to vital resources, and silence important online conversations for all ages."
The trio who voted against the bill on Tuesday was Sens. Mike Lee (R-Utah), Rand Paul (R-Ky.), and Ron Wyden (D-Ore.), a longtime privacy advocate who said on social media last week that "the final version of this bill is improved" but he would still vote no.
"The changes that I, LGBTQ+ advocates, parents, student activists, civil rights orgs, and others have fought for over the last two years have made it less likely that the bill can be used as a tool for MAGA extremists to wage war on legal and essential information to teens," Wyden said.
"While constructive, these improvements remain insufficient," he continued. "I fear KOSA could be used to sue services that offer privacy technologies like encryption or anonymity features that kids rely on to communicate securely and privately without being spied on by predators online."
Wyden added that "I also take very 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."
The ACLU and Fight for the Future reiterated those concerns on Tuesday, joined at a press conference by leaders of the Electronic Frontier Foundation, TransOhio, and Woodhull Freedom Foundation.
"We need legislation that addresses the harm of Big Tech. And still lets young people fight for the type of world that they actually want to grow up in,"
declared Evan Greer, director at Fight for the Future.
Jenna Leventoff, senior policy counsel at the ACLU, said that "as state legislatures and school boards across the country impose book bans and classroom censorship laws, the last thing students and parents need is another act of government censorship deciding which educational resources are appropriate for their families."
The bill still needs to get through the Republican-controlled U.S. House of Representatives. Already, two of the chamber's leading progressives, Reps.
Alexandria Ocasio-Cortez (D-N.Y.) and Maxwell Frost (D-Fla.) have come out against it. Leventoff declared that "the House must block this dangerous bill before it's too late."
Last week, the ACLU
led over 300 students in a lobbying day on Capitol Hill to oppose the package.
"It's called the Kids Online Safety Act, but they have to consider kids' voices, and some of us don't think it will make us safer," Anjali Verma, a 17-year-old high school senior, said Tuesday. "We live on the internet, and we are afraid that important information we've accessed all our lives will no longer be available. We need lawmakers to listen to young people when making decisions that affect us."
Meanwhile, Senate Majority Leader Chuck Schumer (D-N.Y.) celebrated the package's passage, joined by Sens. Richard Blumenthal (D-Conn.), Marsha Blackburn (R-Tenn.), Bill Cassidy (R-La.), and Ed Markey (D-Mass.).
Cassidy and Markey spearheaded COPPA 2.0, which has not elicited criticism from rights groups the way KOSA has. They said in a joint statement that their bill's passage "is an overdue and much-needed victory" for young people and with the vote, "the Senate has sent a clear message that Big Tech's days of targeting and tracking kids and teenagers online are over."
"Enough with harmful targeted advertising," the senators said. "Enough with collecting deeply personal information on young people. Enough with ignoring the health and well-being [of] millions of young people. Enough with leaving teens and parents powerless to delete a mistaken social media post. Enough with lining Big Tech's pockets at the expense of our young people."
"To the parents, advocates, and young people who have been heroically fighting for these privacy protections for more than a decade, we thank you. We would not be here without your passion, commitment, and bravery," they added. "This vote is a breakthrough moment for tech regulation in the United States with Congress finally stepping up to the plate and putting real guardrails on Big Tech's pernicious business model."
Josh Golin, executive director of Fairplay and co-founder of ParentsSOS, said that "today's historic vote is a testament to the tireless efforts of parents who have lost their children to Big Tech's greed and an incredible coalition that believes a better internet for young people is possible. We thank Sens. Blackburn, Blumenthal, Cassidy, and Markey for introducing this game-changing legislation and call on the House to follow the Senate's lead."
