Senators Blumenthal, Blackburn Introduce Another Controversial Online Regulation Bill: KOSA

Senators Blumenthal, Blackburn Introduce Another Controversial Online Regulation Bill: KOSA

WASHINGTON — Digital rights advocates are sounding the alarm about privacy and censorship concerns regarding the Kids Online Safety Act of 2022, recently introduced by Senators Richard Blumenthal (D-Connecticut) and Marsha Blackburn (R-Tennessee).

Known as KOSA, the bill was introduced rather quietly in late February as most digital rights observers were distracted by the progress of the much more high-profile EARN IT Act, also co-sponsored by Blumenthal.

According to a scathing March 24 editorial by Jason Kelley of leading digital rights organization Electronic Frontier Foundation, KOSA hides behind its “protect the kids” name and supposed mission “a plan to require surveillance and censorship of anyone 16 and under” which would actually “greatly endanger the rights, and safety, of young people online” while also chilling controversial speech — including sexual expression — across the internet.

As Kelley points out, KOSA “outlines a wide collection of content that platforms can be sued for if young people encounter it.”

This potentially actionable content includes very specific issues such as “promotion of self-harm, suicide, eating disorders [and] substance abuse,” but then leaves the door open for broad interpretation by adding “and other matters that pose a risk to physical and mental health of a minor.”

The law also would compel platforms to provide data to researchers, mandate an elaborate age-verification system — likely run by a third-party provider — and require “parental controls, turned on and set to their highest settings, to block or filter a wide array of content.”

In order to avoid liability for causing the listed harms, the EFF editorial points out, “nearly every online platform would hide or remove huge swaths of content. And because each of the listed areas of concern involves significant gray areas, the platforms will over-censor to attempt to steer clear of the new liability risks.”

KOSA, a New Stratagem From Two Vocal EARN IT Cheerleaders

As XBIZ reported, back in February Senator Marsha Blackburn issued a statement listing NCOSE — formerly Morality in Media — among the supporters of the controversial EARN IT Act, which has been overwhelmingly condemned by leading digital rights and free speech organizations, including Free Speech Coalition.

The Tennessee Republican also claimed that the act targets online platforms because they supposedly “have made it easier for pedophiles to groom and exploit children.”

Blackburn released that statement to celebrate the rushed, debate-free process that resulted in EARN IT’s passage by the Senate Judiciary Committee.

Senator Blumenthal promoted EARN IT in partnership with his South Carolina Republican colleague Lindsey Graham. The bill was initially introduced in 2020 and purports to have as its goal to “protect victims and survivors of child sexual exploitation.”

In reality, however, it is a broad overhaul of Section 230 protections — known by online rights advocates as the First Amendment of the internet — and would strip platforms of immunity for third-party uploaded content.

EARN IT will also open the way for politicians to define the legal categories of “pornography” and “pornographic website” as they or the lobbies that fund them see fit, a cherished goal of organizations that seek to reintroduce obscenity prosecutions for content currently protected by free speech jurisprudence.

To read the proposed text of KOSA, click here.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Dirty Cinema Launches New Paysite 'MILFuckd'

Dirty Cinema has launched a new paysite, MILFuckd.com, on its network.

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Show More