Transgender Community Warned by USA’s Kids Online Safety Act

The Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) aim to protect minors from online harm but have sparked concerns from people worried about their unintentional impact on LGBTQ+ youth. 

COPPA 2.0 

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The Children and Teens’ Online Privacy Protection Act (COPPA 2.0) seeks to extend privacy protections to minors under 17, building on the original COPPA law from 1998.

Coppa’s Goal

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This extension was proposed by Senators Ed Markey (D-MA) and Bill Cassidy (R-LA) and aims to ban targeted advertising to children and introduce new privacy features, such as an “eraser button” to delete personal information.

Rationale and Proponents of COPPA 2.0

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COPPA 2.0 was introduced to update outdated privacy protections and address new digital threats that have emerged since the original law. 

Rapidly Evolving Landscape

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Senator Markey, the lead sponsor of both the original and updated COPPA, stated that the rapidly evolving digital landscape requires stronger and more comprehensive protections for minors online.

The Wild West

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Markey told the Senate floor that the the original law “has done a lot of good, but as the years have passed, and technology has evolved, our online world once again, started to look like the Wild West.”

Kids Online Safety Act (KOSA) Overview

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At the same time, the Kids Online Safety Act (KOSA) aims to protect children from various online harms such as bullying, sexual exploitation, and harmful content.

Protecting Kids

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Proposed by Senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN), they hope the act will create safer online environments for minors by requiring platforms to implement protective measures.

Rationale and Proponents of KOSA

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Senator Blackburn emphasized the lack of existing protections online, comparing them to regulations preventing minors from purchasing harmful substances like alcohol and tobacco.

No Guardrails

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Blackburn said, “There are laws that protect children from buying alcohol, buying tobacco…” However, “when you look at the social media platforms, there are no guardrails.”

Suppressing LGBTQ+ Content

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However, Kosa also includes provisions that some fear could lead to the suppression of LGBTQ+ content that is seen as harmful by some conservative groups.

Protecting Minors From Who?

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Senator Marsha Blackburn has been quoted saying, “we should be protecting minor children from the transgender in this culture.”

Concerns From LGBTQ+ Advocates

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LGBTQ+ advocates and digital rights groups worry that KOSA could empower platforms to filter out LGBTQ+ content, especially if it is deemed controversial or inappropriate by certain standards.

Aggressive Filtering

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The ACLU, EFF, and others wrote that the bill could lead to “aggressive filtering of content by companies preventing access to important, First Amendment-protected, educational, and even lifesaving content.”

Revisions and Ongoing Concerns

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The bill has been amended to address some of these concerns, but critics still argue that the legal framework KOSA establishes might still be used to target LGBTQ+ content under broad interpretations of the act.

Impact on LGBTQ+ Youth

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The issue here is that LGBTQ+ youth rely on online communities and resources for support and information, especially in environments where they may face discrimination or lack access to supportive networks. 

TransOhio Fears

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Dara Adkison, Executive Director of TransOhio, said, “I’ve literally had legislators tell me to my face that they would love to see our website taken off the Internet because they don’t want people to have the kinds of vital community resources that we provide.”

Response From LGBTQ+ Organizations

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Many LGBTQ+ advocacy groups oppose KOSA, fearing it will lead to censorship and a reduction in available resources for LGBTQ+ youth. 

Increasing Censorship

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Mandy Salley, Chief Operating Officer at Woodhull Freedom Foundation, expressed concern about increased censorship in states with restrictive laws, stating, “I think you’re just gonna see that kind of censorship get much worse.”

Attacking Rights to Learn

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Jenna Leventoff, ACLU senior policy counsel, went so far as to say, “KOSA compounds nationwide attacks on young peoples’ right to learn and access information, on and offline.”

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