The Kids Online Safety Act; otherwise known as KOSA, is a bill currently being proposed in the United States. Politicians claim this legislation is needed to protect children on the internet; in reality this legislation is a front for greater surveillance and censorship on the internet.
KOSA; if enacted, would hold websites liable if they don’t comply with demands to protect children from “harmful material”. There is no consensus as to what material is “harmful to children”, and enforcement of KOSA will fall to the Federal Trade Commission, an institution that President Trump has tried to exert greater authority over, and the 50 individual state attorney generals. This will lead internet platforms to block and censor constitutionally protected speech under the First Amendment out of fear of legal ramifications because a state attorney general has decided it’s “harmful to children”.
Although KOSA doesn’t mandate age-verification; it is incredibly likely that its enactment will lead to mass age-verification as a means to determine if minors are using these platforms; which compromises your internet privacy.
The SCREEN Act; is a bill that, if enacted, would impose age-verification requirements for any website that hosts material that is “harmful to children”. This means uploading a photo of your face or scan of your ID. The rationale of this from politicians; like with KOSA, is to protect children. In actuality, age verification causes nothing but problems, and enacting nationwide legislation to enforce it will open Pandora’s box on the internet.
The scope of the SCREEN Act is incredibly wide-encompassing and broad; and will lead to mandatory age verification not just on adult websites; but social media, art and fanfiction websites, and even Wikipedia and Google Search may not be spared. These platforms would be forced to partner with third-party age verification providers who would either produce readings that are typically inaccurate, and / or store your data on their databases, databases that can, have, and will be breached.
Needless to say, the SCREEN Act’s biggest problem is that it will destroy privacy and anonymity on the internet and will lead to mass surveillance.
Section 230 is a section of the Communications Act of 1934 that provides immunity from liability for online services in regards to user-generated content as long as they take reasonable steps to remove material that may be considered illegal. It allows websites to effectively moderate themselves without fear of legal repercussions. Section 230 came to be in 1996; back when the internet was still very fresh and new, and formed a foundation that gave birth to the internet as we know it now; creating the building blocks for things like search engines, social media, video streaming. Without Section 230, it is unlikely that the internet as we know it today would exist.
Recently, politicians have introduced legislation that would repeal Section 230. The effects of an internet without Section 230 would be catastrophic, and that is not an exaggeration.
If your favorite website is smaller compared to the absolute largest sites on the internet, or run by a non-profit; the odds are that site will disappear. Because without Section 230; those platforms could be held liable for what their users say on them, creating a devastating and bankrupting effect on smaller platforms and non-profit organizations.
And of the few sites that would remain; those sites would most likely censor themselves to shield themselves from liability and decide who gets to say what on their platforms. Section 230 repeal would have global consequences across the entire internet.