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Updated September 27, 2024
Kids Online Safety Act
On July 30, 2024, the Senate passed an amended version of
S. 2073, titled the Kids Online Safety and Privacy Act. Title
I of the act includes provisions similar to those in the Kids
Online Safety Act (KOSA; S. 1409). On September 18,
2024, the House Committee on Energy and Commerce
ordered an amended House version of KOSA to be reported
(H.R. 7891). This In Focus summarizes Title I of S. 2073,
compares it with the amended version of H.R. 7891, and
provides considerations for Congress.
Summary of S. 2073 - Tite I
Title I of S. 2073 would create requirements for covered
platforms that are used by, or reasonably likely to be used
by, minors. It defines covered platforms as online
platforms, online video games, messaging applications
(apps), and video streaming services that connect to the
internet, with some exceptions (e.g., email providers and
certain news and sports websites and apps). An online
platform is defined as any public-facing website, online
service, online [app], or mobile [app] that predominantly
provides a community forum for user-generated content.
The bill defines minor as an individual under the age of 17
and child as an individual under the age of 13.
The requirements for covered platforms would include the
following:
* Duty of Care. Covered platforms would be required to
exercise reasonable care in the creation and
implementation of any design feature to prevent and
mitigate harms to minors, including (1) certain mental
health disorders (anxiety, depression, eating disorders,
substance use disorders, and suicidal behavior); (2)
patterns of use that indicate or encourage addiction-like
behaviors by minors; (3) physical violence, online
bullying, and harassment of the minor; (4) sexual
exploitation and abuse of minors; (5) promotion and
marketing of narcotic drugs, tobacco products,
gambling, or alcohol; and (6) predatory, unfair, or
deceptive marketing practices or other financial harms.
The platforms would not be required to prevent a minor
from deliberately and independently searching for, or
specifically requesting, content.
* Safeguards for Minors. Covered platforms would be
required to provide safeguards for a user whom they
know is a minor that (1) limit the ability for others to
communicate with the minor; (2) prevent others from
viewing a minor's personal data that are collected or
shared by the platform; (3) limit design features that
encourage or increase the frequency, time spent, or
activity of minors; (4) control personalized
recommendation systems, including the ability to
display content in chronological order and limit certain
types of recommendations; and (5) restrict the sharing of
a minor's geolocation and provide notice when the
minor's geolocation is tracked. The platforms would be
required to set the default for these safeguards at the
most protective level and provide minors the option to
limit the amount of time spent on the platform. The
platforms would be prohibited from facilitating
advertisements of narcotic drugs, tobacco products,
gambling, or alcohol to a minor.
* Parental Tools. Covered platforms would be required
to provide tools for parents of a user whom the platform
knows is a minor that allow the parent to (1) view a
minor's privacy and account settings, including the
safeguards mentioned above; (2) change and control a
child's privacy and account settings; (3) restrict a
minor's purchases and financial transactions; and (4)
view metrics and restrict time spent on the platform by
the minor. The platforms would be required to provide
users with notice of which tools have been enabled.
* Reporting Mechanism. Covered platforms would be
required to provide a means for parents, minors, and
schools to submit reports about harms to minors. The
platforms would need to substantively respond within 10
days if they average more than 10 million U.S. monthly
active users, 21 days if they average less than 10 million
U.S. monthly active users, and as promptly as needed if
the report involves an imminent safety threat.
* Disclosure. Covered platforms would be required to
provide notice about safeguards and parental tools prior
to registration or purchase if the platform knows that a
user is a minor and obtain verifiable parental consent if
the platform knows the user is a child.
* Transparency. A covered platform with more than 10
million U.S. monthly active users that predominantly
provides a community forum for user-generated content
and discussion would be required to issue a public
report at least once a year describing, among other
things, reasonably foreseeable risks of harms to minors
and assessing the prevention and mitigation measures
taken based on an independent, third-party audit.
Title I would direct the Federal Trade Commission (FTC)
to enter into a contract with the National Academy of
Sciences to conduct comprehensive studies on the risk of
harms to minors by use of social media and other online
platforms. It would direct the Secretary of Commerce, in
coordination with the FTC and Federal Communications
Commission, to conduct a study on potential options to
verify a user's age at the device or operating system level. It
would also direct the FTC, in consultation with the](ViewImageLocal?handle=hein.crs/goveqtk0001&div=1&collection=&method=preview&ext=.png&size=3)