KOSA 101: Both sides of the Coin

Kosa is firing people up– but not for partisan reasons. It’s a complicated argument, but we help you break it down.

In case you missed it– the Children and Teens' Online Privacy Protection Act and the Kids Online Safety Act (a.k.a COPPA 2.0 or KOSA) passed the Senate in late July, and is now on its way to be voted on in the house. KOSA was embraced with fierce bipartisan support in the chamber, with a vote of 91-3. It is the first piece of legislation to protect kids online in 25 years.

All sounds very positive, right?

For some parent and youth activists it marks a small win in a never-ending battle against tech companies to protect young people around the country. But, for others, KOSA represents a threat to young people’s free speech and freedom of expression.

KOSA is a complicated topic– but let’s walk through the arguments together.

KOSA is the result of years of work put in by lawmakers and parents to reinvent the privacy and safety frameworks that govern social media, gaming, and other digital platforms that have increasingly taken over young people’s lives. In a Senate hearing with tech CEOs like Mark Zuckerberg, Linda Yaccarino, and Jason Citron in February of 2024, there was a coalition of families present who were holding up photos of their deceased loved ones. Zuckerberg stood and issued an apology to the families who lost children by causes related to social media. The action was received as a metaphor for how tech companies largely view the terrible things their platforms facilitate– cold and robotic. KOSA is a leap forward for these activists, giving them a feeling that Wasington is in their corner.

But some are worried that KOSA poses a significant threat to free speech and expression. Critics argue that the legislation's broad and vague definitions of harmful content could lead to excessive censorship, stifling open discussions on critical issues such as mental health, sexuality, and politics. There's fear that the bill empowers the government, specifically the Federal Trade Commission, to determine what content is appropriate for minors, potentially leading to politically motivated crackdowns on online speech. The concern extends to adults as well, who may find themselves unable to access certain content or subject to intrusive monitoring measures. Those arguing against KOSA are worried that it risks infringing on fundamental rights and freedoms in the name of protecting children.

Navigating KOSA is still super tricky– but remember we’re here to help. For more, sign up for our newsletter.