KOSPA Passed by Senate: Strengthening Online Protections for Children and Teens

What Happened:

On July 25, 2024, the U.S. Senate passed the Kids Online Safety and Privacy Act (KOSPA), marking a significant milestone in federal privacy legislation aimed at protecting children and teens online. KOSPA combines elements from the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) to create comprehensive safeguards for minors. The act defines a child as anyone under 13 and a minor as anyone under 17. It mandates that online platforms implement measures to prevent and reduce harm to minors, including addressing mental health issues, addiction-like behaviors, and exploitation. These protections must be enabled by default, with tools provided for parents to manage their children’s online activities.

KOSPA also incorporates the Filter Bubble Transparency Act, requiring platforms that personalize content using algorithms to clearly explain how these algorithms work and offer users the option to disable them. The act expands the responsibility of companies by requiring them to take action when they have “actual knowledge or knowledge fairly implied” that a user is a minor. Additionally, KOSPA enforces a duty of care, compelling platforms to design features with minors’ safety in mind, including measures to combat anxiety, bullying, and online abuse. It also strengthens the requirements for obtaining verifiable parental consent (VPC) before a child can use a service, extending beyond the existing COPPA requirements.

Why It Matters:

KOSPA represents a significant advancement in protecting the privacy and safety of minors online. By banning targeted advertising to users under 17 and establishing a federal standard for reporting harmful content, KOSPA sets a new benchmark for online safety. The act’s comprehensive approach, including the duty of care and expanded company responsibilities, underscores the growing recognition of the need for stronger online protections for young users.

However, despite its Senate passage, KOSPA’s future in the House of Representatives remains uncertain, with the earliest potential consideration set for September 9, 2024. In the meantime, individual states may continue to develop their own laws to protect children and teens online, potentially leading to a patchwork of regulations across the country. The outcome of KOSPA’s legislative journey could have far-reaching implications for how online platforms operate and protect their youngest users in the digital age.

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