KOSA Bill 2023 (Kids Online Safety Act 2023 ) is a bill that was introduced to the United States Senate in February 2022 and reintroduced in May 2023; the bill “sets out requirements” to protect minors from harm on social media platforms. The bill charges individual state attorneys general with enforcing the bill.
KOSA Bill 2023 (Kids Online Safety Act 2023)
Some aspect covered by the bill as at the 117th Congress (2021-2022), bill S.3663
SEC. 3. DUTY OF CARE.
(a) Best Interests.—A covered platform shall act in the best interests of a minor that uses the platform’s products or services, as described in subsection (b).
(b) Prevention Of Harm To Minors.—In acting in the best interests of minors, a covered platform shall take reasonable measures in its design and operation of products and services to prevent and mitigate—
(1) mental health disorders or associated behaviors, including the promotion or exacerbation of self-harm, suicide, eating disorders, and substance use disorders;
(2) patterns of use that indicate or encourage addiction-like behaviors;
(3) physical violence, online bullying, and harassment of a minor;
(4) sexual exploitation, including enticement, grooming, sex trafficking, and sexual abuse of minors and trafficking of online child sexual abuse material;
(5) promotion and marketing of narcotic drugs (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), tobacco products, gambling, or alcohol; and
(6) predatory, unfair, or deceptive marketing practices, or other financial harms.
SEC. 4. SAFEGUARDS FOR MINORS.
(a) Safeguards For Minors.—
(1) IN GENERAL.—A covered platform shall provide a minor with readily-accessible and easy-to-use safeguards to, as applicable—
(A) limit the ability of other individuals to contact or find a minor, in particular individuals aged 17 or over with no relationship to the minor;
(B) prevent other users, whether registered or not, from viewing the minor’s personal data collected by or shared on the covered platform, in particular restricting public access to personal data;
(C) limit features that increase, sustain, or extend use of the covered platform by a minor, such as automatic playing of media, rewards for time spent on the platform, notifications, and other features that result in compulsive usage of the covered platform by a minor;
(D) control algorithmic recommendation systems that use a minor’s personal data, including the right to—
(i) opt out of such algorithmic recommendation systems; or
(ii) limit types or categories of recommendations from such systems;
(E) delete the minor’s account and delete their personal data;
(F) restrict the sharing of the geolocation of a minor and provide notice regarding the tracking of a minor’s geolocation; and
(G) limit the amount of time spent by a minor on the covered platform.
READ: RIDDOR (Reporting Of Injuries, Diseases And Dangerous Occurrences Regulations 1995)
The summary as at 118th Congress (2023-2024), bill S.1409 —
Kids Online Safety Act
This bill sets out requirements to protect minors from online harms.
The requirements apply to covered platforms, which are applications or services (e.g., social networks) that connect to the internet and are likely to be used by minors. However, the bill exempts internet service providers, email services, educational institutions, and other specified entities from the requirements.
READ: What Is The Occupational Health And Safety Act
Covered platforms must act in the best interest of minors using the applications or services, including by mitigating harms that may arise from that use (e.g., sexual exploitation and online bullying).
Additionally, covered platforms must provide (1) minors (or their parents or guardians) with certain safeguards, such as settings that restrict access to minors’ personal data; and (2) parents or guardians with tools to supervise minors’ use of a platform, such as control of privacy and account settings.
Covered platforms must also:
- disclose specified information, including details regarding the use of personalized recommendation systems and targeted advertising;
- allow parents, guardians, minors, and schools to report certain harms;
- refrain from facilitating advertising of age-restricted products or services (e.g., tobacco and gambling) to minors; and
- annually report on foreseeable risks of harm to minors from using the platform.
The bill provides for enforcement through the Federal Trade Commission and states.
READ: What is the Purpose of the Community Safety Education Act
Further, the bill establishes a program to facilitate relevant independent research for noncommercial purposes and a council to advise on implementing the bill. It also requires guidance for market and product research focused on minors and an evaluation of options to verify a user’s age.
