An anonymous reader quotes a report from the Electronic Frontier Foundation (EFF): Lawmakers in Washington are once again focusing on kids, screens, and mental health. But according to Congress, Big Tech is somehow both the problem and the solution. The Senate Commerce Committee held a hearing [Friday] on "examining the effect of technology on America's youth." Witnesses warned about "addictive" online content, mental health, and kids spending too much time buried in screen. At the center of the debate is a bill from Sens. Ted Cruz (R-TX) and Brian Schatz (D-HI) called the Kids Off Social Media Act (KOSMA), which they say will protect children and "empower parents."
That's a reasonable goal, especially at a time when many parents feel overwhelmed and nervous about how much time their kids spend on screens. But while the bill's press release contains soothing language, KOSMA doesn't actually give parents more control. Instead of respecting how most parents guide their kids towards healthy and educational content, KOSMA hands the control panel to Big Tech. That's right -- this bill would take power away from parents, and hand it over to the companies that lawmakers say are the problem. [...] This bill doesn't just set an age rule. It creates a legal duty for platforms to police families. Section 103(b) of the bill is blunt: if a platform knows a user is under 13, it "shall terminate any existing account or profile" belonging to that user. And "knows" doesn't just mean someone admits their age. The bill defines knowledge to include what is "fairly implied on the basis of objective circumstances" -- in other words, what a reasonable person would conclude from how the account is being used. The reality of how services would comply with KOSMA is clear: rather than risk liability for how they should have known a user was under 13, they will require all users to prove their age to ensure that they block anyone under 13.
KOSMA contains no exceptions for parental consent, for family accounts, or for educational or supervised use. The vast majority of people policed by this bill won't be kids sneaking around -- it will be minors who are following their parents' guidance, and the parents themselves. Imagine a child using their parent's YouTube account to watch science videos about how a volcano works. If they were to leave a comment saying, "Cool video -- I'll show this to my 6th grade teacher!" and YouTube becomes aware of the comment, the platform now has clear signals that a child is using that account. It doesn't matter whether the parent gave permission. Under KOSMA, the company is legally required to act. To avoid violating KOSMA, it would likely lock, suspend, or terminate the account, or demand proof it belongs to an adult. That proof would likely mean asking for a scan of a government ID, biometric data, or some other form of intrusive verification, all to keep what is essentially a "family" account from being shut down.
Violations of KOSMA are enforced by the FTC and state attorneys general. That's more than enough legal risk to make platforms err on the side of cutting people off. Platforms have no way to remove "just the kid" from a shared account. Their tools are blunt: freeze it, verify it, or delete it. Which means that even when a parent has explicitly approved and supervised their child's use, KOSMA forces Big Tech to override that family decision. [...] These companies don't know your family or your rules. They only know what their algorithms infer. Under KOSMA, those inferences carry the force of law. Rather than parents or teachers, decisions about who can be online, and for what purpose, will be made by corporate compliance teams and automated detection systems.
Read more of this story at Slashdot.
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