Sen. Rand Paul (R-KY) put a stop to an effort to pass a measure that would essentially allow the government to force online platforms to censor certain users.
The Kids Online Safety Act (KOSA) is ostensibly aimed at shielding children from online predators. But critics point out that it would empower the government to have undue influence over online speech.
From The Hill:
Sen. Rand Paul (R-Ky.) blocked an effort from Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) on Wednesday to pass by unanimous consent the Kids Online Safety Act (KOSA), a long-sought bill that intends to protect kids in the digital space.
KOSA, which aims to hold accountable social media companies for the alleged harms their platforms cause for young children and teens, has long had support from the majority of senators, but differences with the House stopped it from passing both chambers in 2024.
Unlike the House version that passed as part of a broader package last summer, the Senate’s KOSA includes a “duty of care” provision, which would legally require platforms to “exercise reasonable care” to prevent harms to minors. Harms include eating disorders, suicide, substance use disorders and sexual exploitation.
The duty of care provision is a red line for KOSA co-authors Blackburn and Blumenthal, along with several tech watchdogs that have pushed for KOSA to pass for years.
The Senate version passed out of committee last month, and the legislative calendar is running out this year to come to an agreement with the House.
The Kids Online Safety Act would require online platforms to “exercise reasonable care in the creation and implementation of any design feature to prevent and mitigate” certain harms to minors when a reasonable person could agree that the harm was foreseeable.
These harms include eating disorders, substance use disorders and suicidal behaviors, plus depressive and anxiety disorders tied to compulsive use. It also covers sexual exploitation, physical violence, and online harassment.
Platforms would also be required to offer safeguards that limit who can contact a minor while also concealing the minor’s personal data. They would have to disable features that drive compulsive use, such as infinite scrolling, autoplay, time-spent rewards, and constant notifications.
Paul is one of the measure's chief critics, calling it “a Pandora’s box of unintended consequences.”
“Free minds and parental guidance are the best means to protect our children online,” he said.
In a 2024 post on X, he argued: "This bill does not merely regulate the internet; it threatens to suppress important and diverse discussions that are essential to a free and healthy society." He added, "And to be clear, just because @realDonaldTrump will be in the White House, KOSA would still give Democrat AGs in blue states power to censor us conservatives.”
🧵 1/2 KOSA poses such a dire threat to our First Amendment rights that House and Senate leadership must not agree to add it at the last minute to larger pieces of legislation, like the Defense or government spending bills.
— Rand Paul (@RandPaul) December 7, 2024
