Key Changes in the Latest Draft
Rules of Construction
The bill always had a Rules of Construction stating that nothing in the Duty of Care provision should be construed to require a covered platform to prevent a minor from searching for content or accessing information regarding harm prevention. Skeptics were initially wary, but the revised version added a provision forbidding government entities from enforcing the Duty of Care based on the viewpoint of users expressed through protected speech. This is a significant safeguard that gives users and platforms more confidence.Users and platforms alike should appreciate this addition. In the past, there were concerns about potential overreach by the government. Now, with this clear protection, they can operate with more certainty.
The government's tendency to work closely with Big Tech to censor COVID-19 content was a cause for alarm. When President Joe Biden's press secretary said the White House was in regular touch with social media platforms regarding misinformation, it raised questions about the balance between free speech and content moderation. This revised bill helps address those concerns.
First Amendment Concerns
Some critics raised concerns that the Kids Online Safety Act would incentivize platforms to overcomply and mark conservative content as anxiety or depression-inducing. The bill's authors addressed this by clarifying that platforms should create design features to prevent depressive and anxiety disorders when such conditions are related to compulsive usage and the design feature, not the content, is a contributing factor.For example, design features like infinite scrolling, auto play, push alerts, and personalized recommendation systems can keep users engaged and even addicted to the platform. These features directly relate to compulsive usage and can have an impact on mental health. The revised bill ensures that platforms focus on the right aspects when addressing these issues.
Just because a platform provides a means to convey speech doesn't mean everything it does is protected by the First Amendment. This distinction is crucial in ensuring that platforms operate within the boundaries of the law and protect the well-being of users.
House Committee Changes
The updated Kids Online Safety Act draft incorporated many changes from the version that passed committee in the House. It no longer cedes authority to the controversial Diagnostic and Statistical Manual of Mental Health Disorders and eliminates the government study on social media harms. It also tightens the size and scope of the Kids Online Safety Council with appointments made by members from both chambers, both parties, and the administration.These changes show a commitment to streamlining the process and ensuring that the council is more effective in its role. By removing unnecessary elements and strengthening the oversight, the bill is better positioned to protect children online.
Another important change is that the revised bill expressly forbids platforms from conducting market or product-focused research on users they know are children under 13. This is in line with the platforms' terms of service and the Children's Online Privacy Protection Act of 1998. It gives parents more control over how their children's information is used.
Parental Consent
The revised Kids Online Safety Act requires platforms to obtain verifiable parental consent for research involving kids older than 13. This gives parents greater autonomy over how Big Tech companies use their children's information.It's been 26 years since the US passed a law protecting children online, and during this time, we've seen an epidemic of child exploitation and social media addiction among our youths. The Kids Online Safety Act is an important step in addressing these issues and changing the trajectory.
Big Tech has a significant role to play in this, and with the implementation of this act, there is hope for a safer online environment for our children.
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