The need for robust online safety measures has never been more critical. Recognizing this urgency, Angel Kids recently convened a high-profile roundtable discussion on the Kids Online Safety Act (KOSA), a landmark piece of legislation poised to revolutionize child protection in the digital age.
The event brought together a panel of distinguished specialists, a broad coalition of child advocates, policy experts, and industry insiders, all united in their commitment to safeguarding children online.
As the discussion unfolded, it became clear that KOSA represents more than just another piece of legislation. It embodies a watershed moment in our collective approach to children's digital well-being, offering a chance to correct what our very own Angel Kids founder and CEO Tim Estes described as "30 years of pent-up missteps" in regulating the tech industry's impact on children.
The digital world our children navigate today is filled with risks, many of which stem directly from the way online platforms are designed and managed. Key concerns include:
As Claire Morell, senior policy analyst at the Ethics and Public Policy Center, highlighted, the core of the problem is just how "These companies are not trying to design their products with children's safety in mind. Children are really collateral damage in their business enterprise to maximize user engagement." This stark reality underscores the urgent need for legislative action and a shift away from the ‘kids first approach’ that many new developers have been embracing and applying.
The severity of the situation was further emphasized, as Josh Golin, executive director of Fairplay, added how, "We're seeing unprecedented levels of anxiety, depression, suicide, and self-harm in children. 10 to 14-year-old girls with self-harm injuries are showing up at ERs at just unprecedented levels."
The Kids Online Safety Act represents a paradigm shift in how we approach online child protection. Unlike previous attempts at regulation, KOSA focuses on the core issue: the design of online platforms themselves.
At the heart of KOSA is the "duty of care" provision, which would require tech companies to consider child safety in their product design. This groundbreaking approach aims to hold companies accountable for specific harms to minors resulting from their product features.
Morell explained the significance of this provision: "Companies wouldn't be able to kind of hide from legal accountability or hide behind the kind of broad immunity shield that they have had in section 230 for specific harms from their product design."
The concept borrows from well-established legal principles, extending the idea of duty of care into the digital realm. Joel Thayer, president of the Digital Progress Institute, noted, "Duty of care is actually a very well-documented common law principle that's established in any negligence case."
It's crucial to understand that KOSA is not about censoring content or restricting free speech. Instead, it targets the design features of platforms that can lead to harm, such as addictive algorithms or features that expose children to dangerous content.
Golin emphasized this point, stating, "This bill does nothing to cut kids off from the community. It does nothing to censor anybody. What it says is big tech, you are responsible for your algorithms."
(Read more about how companies can prioritise kids in the design and functionality of products and apps on KidsTech: What it Is and What it Isn’t)
KOSA also aims to put more control in the hands of users and parents. The legislation would allow minors to opt out of algorithmic recommendations and disable addictive features. It also seeks to provide more meaningful tools for parental oversight, addressing the current inadequacy of parental controls offered by many platforms.
Morell highlighted this aspect, saying, "It's trying to empower users and their parents to be able to opt out of some of these features that are really undesirable."
Despite its carefully crafted approach, KOSA has faced criticism and misconceptions. It's important to address these to understand the true nature and potential impact of the legislation.
One of the most persistent misconceptions about KOSA is that it's a censorship bill. However, "KOSA does nothing to touch section 230. It is not dealing with content. It is purely focused on product design. It is not going to interfere with speech on these platforms whatsoever" said Morell.
Another key point to understand is that KOSA enjoys broad bipartisan support, both in Congress and among the general public. Golin pointed out, "When you talk to parents about this bill, it is not controversial. It is a no-brainer." He cited polling showing that "more than 80% of parents want KOSA."
Tim pointed to the bill's remarkable bipartisan backing in the Senate, where it passed with a vote of 91 to 3, noting that this level of agreement is virtually unprecedented in today's political climate.
As KOSA moves through the legislative process, it faces challenges, primarily in the form of intense lobbying from tech companies. Big tech lobbying has now reached a fever pitch with various groups feigning grassroots concerns, well-financed to go and create a sense of groundswell of concerns around areas like restriction of speech.
However, the momentum behind the bill is strong, driven by growing public concern over online child safety. Thayer warned of the consequences of inaction: "We're going to have just a slew of more stories that are just as heart-wrenching as we saw in Anderson. We're going to see a lot more sexual exploitation that we're seeing play out in every news expose."
Even if KOSA doesn't pass in its current form, the issues it addresses are not going away. As Golin noted, "Even if this bill doesn't pass... the coalitions and the parent anger is not going away. If anything, it is increasing." This suggests that we're at a turning point in how we approach online safety for children.
The Kids Online Safety Act represents a crucial step towards creating a safer online environment for children. By focusing on product design and empowering users and parents, it offers a balanced approach to a complex problem.
As this vital piece of legislation continues to move through Congress, it's important for the public to stay informed and engaged. Understanding the true nature and potential impact of KOSA is crucial in ensuring that we can effectively protect our children in the digital age.
Tim summed up the sentiment of the panel, stating, "We're at that point where it's going to get really interesting and really exciting, I think, over the coming next two to four weeks."
All members of this roundtable made it clear: the time for action is now. As we look to the future, let's work towards a digital world where children can explore, learn, and interact safely, free from the dangers that currently plague our online spaces.