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

Fleshy to Launch Interactive Cam Site 'Eremote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eremote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Pre-Nominations Now Open for 2025 TEAs

The pre-nomination period for the 2025 Trans Erotica Awards (TEAs) is now open.

Byborg Invests $22.35M in PLBY Group

Luxembourg-based Byborg Enterprises SA is investing $22.35 million in Playboy parent company PLBY Group.

Supreme Court to Hear Oral Arguments on Texas AV Law in January

The United States Supreme Court has scheduled oral arguments for Free Speech Coalition's challenge to Texas’ age verification law to take place Wednesday, Jan. 15.

2025 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2025 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 15 in conjunction with the XBIZ 2025 conference.

Project 2025 Leader Claims Big Tech Companies 'Deliberately Fuel Pornography Addiction' Among Men

Heritage Foundation president and Project 2025 leader Kevin Roberts published on Wednesday the text of a speech in which he persists with his past claim that “predatory Big Tech corporations” are “deliberately fueling pornography addiction” among young men.

FSC Petitions 10th Circuit for Review of Utah AV Dismissal

Free Speech Coalition (FSC) on Wednesday petitioned the United States Court of Appeals for the 10th Circuit to review a decision handed down earlier this month by a three-judge panel of the same appeals court, which denied FSC the right to challenge Utah’s controversial age verification law by suing state officials.

MyAdultAttorney's Corey D. Silverstein to Hold Post-Election Legal Impact Webinar

Industry attorney Corey D. Silverstein will hold a “Legal Impact” webinar titled “We Have a New U.S. President: Legal and Community Implications” on Nov. 12 at 1 p.m. PST.

Pornhub Shuts Down Access in Oklahoma Over Age Verification

Aylo began geo-blocking Pornhub across Oklahoma on Tuesday, three days in advance of the state’s new age verification law, SB 1959, taking effect.

Show More