Now under consideration in the US Congress is the Kids Online Safety and Privacy Act, aimed at enhancing online safety for minors. The Senate bill passed that chamber on July 30, and the House version is next. So, to help House members understand the legislation, the Congressional Research Service published its findings about the act on August 5.
(Michael Nuccitelli, Psy.D., via Flickr Creative Commons)The research office found that S. 2073, the “Kids Online Safety and Privacy Act,” is a significant legislative effort to enhance online safety for minors. Title I of the act introduces requirements for online platforms minors will likely use, including
- A duty of care to prevent harms like mental health issues, cyberbullying, and sexual exploitation
- Safeguards for minors, such as limiting communication with strangers and restricting geolocation tracking
- Parental tools to monitor and control children’s online activities
The act also mandates transparency from platforms regarding their safety measures and algorithm use. The Federal Trade Commission (FTC) plays a crucial role in enforcing these provisions, with help from state attorneys general.
Notable differences between S. 2073 and its House counterpart, H.R. 7891, include the scope of the duty of care. The Senate version applies to all covered platforms, while the House version targets only high-impact online companies. Unlike the House bill, the Senate bill also imposes specific advertising disclosures and allows state attorneys general to enforce most provisions.
Congress is considering potential legal challenges if the bill becomes law, particularly concerning First Amendment rights and the financial burden on platforms due to compliance costs.
The report found that the act could increase the safety of minors online but might also result in platforms altering their services to avoid these new regulations, potentially changing the online landscape for both platforms and users.
