Top 5 Myths About Kids' Online Safety Legislation

It has been over 175 days since Mark Zuckerberg apologized before the Senate Judiciary Committee to parents for the damage that social media has caused to their kids.

Now, the Kids Online Safety and Privacy Act, or KOSPA (S. 2073), would give children and teens much-overdue protection from Big Tech companies that place more value on the money they can make from kids and teens who use their products than they do on kids' well-being.

But there's still some confusion and conflicting information about what this important bill does—and what it doesn't do. Let's set the record straight.

Myth #1: Legislation to protect kids online is censorship. It violates users' rights to free speech and access to information.

Fact: Legislation, like the Kids Online Safety and Privacy Act (KOSPA) does NOT censor free speech. The bill does not require companies to take down, filter, or block ANY content. KOSPA (Section 102) establishes a legal obligation for social media companies and gaming companies to consider how their design features could harm minors (based on a list of specifically defined harms) and prioritize minors' well-being over user engagement or profits.

Myth #2: The bill would prevent kids from accessing supportive content online.

Fact: The bill does NOT require a company to prevent a minor from searching for or making a request for ANY content or from accessing resources and information online regarding the prevention or mitigation of harms. Specifically, Section 102(b) states that nothing in the bill should preclude any minor from deliberately and independently searching for or specifically requesting content, or from accessing resources and information regarding the prevention or mitigation of the specific harms as defined in KOSPA.

Myth #3: The bill would make the internet dangerous for young people—particularly LGBTQIA+ young people—and allow activists to weaponize speech.

Fact: The bill does not allow state attorneys general to define or prevent access to what they consider "harmful to youth." Activists will not be able to decide what is harmful, either. The bill (Section 102) addresses the prevention of the following specific harms to minors:

• Suicide, anxiety, depression, eating disorders, substance use disorders, and sexual exploitation and abuse
• Patterns of use that indicate or encourage addiction-like behavior
• Physical violence, online bullying, or harassment of a minor
• Promotion and marketing of narcotic drugs, tobacco products, gambling, or alcohol
• Predatory, unfair, or deceptive marketing practices, or other financial harms
  

Myth #4: The bill would take away parents' rights and put the government in charge.

Fact: The bill does NOT take away parents' rights. KOSPA (Section 103) requires that the platforms enable the strongest privacy and safety settings by default. These settings include limiting strangers from being able to contact minors online, preventing others from viewing minors' information, opting out of manipulative design features (including personalized recommendation systems), and restricting the sharing of their location.

Myth #5: The bill is a children's cybersecurity disaster in the making, requiring mass data collection on all Americans and creating a surveillance state.

Fact: The bill does NOT require the collection of data that these companies do not already have. According to research from SuperAwesome, by the time a child is 13, over 72 million pieces of personal data will have been captured about them. Tech companies use this data to serve up algorithmic recommendations that drive addictive and harmful content to young users, including posts promoting eating disorders and self-harm, with extreme precision to increase their engagement. Under KOSPA, companies must minimize the amount of data collected from minors and require opt-in consent from teens or parents of young children under 13 before data is collected. It bans targeted advertising for all users under the age of 17. And companies won't be able to turn a blind eye to young people on their sites and fail to offer required privacy protections, the way many sites do today.

So what does this bill really do?

First, kids will no longer be driven to unwanted content that promotes dangerous behaviors, like eating disorders and narcotic drug use.

Second, kids will stop seeing unwanted, individually targeted ads designed to push specific products on them.

Third, social media and gaming sites will need a parent's permission if the child is under 13, or a teen's permission, before the companies can collect kids' personal data.

Fourth, kids will be able to turn off features like algorithmic feeds, autoplay, and endless scrolling that are designed to keep them glued to their devices.

Finally, young users will still be able enjoy, learn from, and engage with friends and communities on the platforms they love.

Our kids deserve safer and healthier online experiences. Tell your senators to vote "yes" on the Kids Online Safety and Privacy Act (S. 2073).