Can you judge the heat of a moral panic by the number of bills purporting to solve it? At the height of human trafficking hysteria in the 2010s, every week seemed to bring some new measure meant to help the government tackle the problem (or at least get good press for the bill’s sponsor). Now lawmakers have moved on from sex trafficking to social media—from Craigslist and Backpage to Instagram, TikTok, and Roblox. So here we are, with a House Energy and Commerce subcommittee hearing on 19 different kids-and-tech bills scheduled for this week.
The fun kicks off tomorrow, with legislators discussing yet another version of the Kids Online Safety Act (KOSA)—a dangerous piece of legislation that keeps failing but also refuses to die. (See some of Reason‘s previous coverage of KOSA here, here, and here.)
The new KOSA no longer explicitly says that online platforms have a “duty of care” when it comes to minors—a benign-sounding term that could have chilled speech by requiring companies to somehow protect minors from a huge array of “harms,” from anxiety and depression to disordered eating to spending too much time online. But it still essentially requires this, saying that covered platforms must “establish, implement, maintain, and enforce reasonable policies, practices, and procedure” that address various harms to minors, including threats, sexual exploitation, financial harm, and the “distribution, sale, or use of narcotic drugs, tobacco products, cannabis products, gambling, or alcohol.” And it would give both the states and the Federal Trade Commission the ability to enforce this requirement, declaring any violation an “unfair or deceptive” act that violates the Federal Trade Commission Act.
Despite the change, KOSA’s core function is still “to let government agencies sue platforms, big or small, that don’t block or restrict content someone later claims contributed to” some harm, as Joe Mullin wrote earlier this year about a similar KOSA update in the Senate.
Language change or not, the bill would still compel platforms to censor a huge array of content out of fear that the government might decide it contributed to some vague category of harm and then sue.
KOSA is bad enough. But far be it for lawmakers to stop there.
Hellbound and Down 