ITIF: KOSMA Would Conflict With Existing Child Privacy Law
The Kids Off Social Media Act (KOSMA) would create redundant and conflicting regulations due to existing children’s privacy protections, the Information Technology & Innovation Foundation said Thursday.
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The Senate Commerce Committee passed KOSMA by voice vote Wednesday (see 2502050043). ITIF said the bill could create redundancies and conflicts with the FTC-enforced Children’s Online Privacy Protection Act (COPPA). Platforms already restrict users younger than 13 due to COPPA requirements, and KOSMA doesn’t require age-verification for users under 13, said ITIF: “As a result, this bill accomplishes nothing that platforms do not already do in terms of restricting young children from their services.”
COPPA imposes an actual knowledge standard, meaning platforms must act when they know a user is underage, said ITIF. KOSMA, however, imposes a reasonable knowledge standard requiring that platforms act when there’s high likelihood a user is underage, said ITIF: “KOSMA’s reasonable knowledge standard is so broad and ill-defined that it would raise compliance costs and subject platforms to an increased risk of liability, even when attempting to comply in good faith.”