I think we’ll just have to wait and see how tech companies implement this and how it’s enforced. Even the study is, as the letter points out, just guidance and not enforceable and can be ignored. The bill itself contains very little beyond saying that it doesn’t explicitly enforce “age gating” and extra data collection to determine age.

Also, as the letter itself points out

To date, COPPA has had negligible effects on adults because services directed to children under 13 are unlikely to be used by anyone other than children due to their limited functionality, effectively mandated by COPPA. But extending COPPA’s framework to sites “directed to” older teens would significantly burden the speech of adults because the social media services and games that older teens use are largely the same ones used by adults.

Would it be impossible to create separation between sites used by older teens and adults? A lot of it happens culturally anyway. I’m not as pessimistic as others are about this.

“KOSA’s duty of care is an unfixable idea that is impossible to satisfy and a violation of the First Amendment,” Cohn continued. “Minors are not a monolith, and what hurts one may help another. Requiring platforms to protect the vague, nonexistent best interests of minors as a whole will limit minors to only the blandest material safe for the most sensitive individual. This chilling effect is the precise reason courts have consistently held for decades that imposing a duty to protect listeners from harmful reactions to speech is unconstitutional.”

I think it’s pretty clear what content is unsuitable, it doesn’t seem very vague to me. You can’t realistically specify everything. As an example, 10 years ago I would have never predicted Mukbang, but it’s insanely popular. Watching someone eat themselves into health issues and inspiring other people to do the same? There’s no benefit. It’s gross, it’s wasteful, it’s unhealthy, but it grabs people’s attention. With KOSA, that content can still exist, but they won’t be telling kids “just eat a bunch of crap food and you can be famous like Niko Avocado”. I think I’m OK with that.

“State attorneys general of all persuasions will find KOSA a useful tool in purging the Internet of content they disfavor,” Cohn concluded. “From hateful speech to LGBTQ content, KOSA’s duty of care provides the kind of ready-made censorship tool that ambitious attorneys general could only dream of. The burden and expense of a state investigation alone may be sufficient to pressure platforms to take down or restrict access to protected expression. Handing a weapon to politically motivated actors who have demonstrated that they will use any tools at their disposal to silence speech they disagree with is grossly irresponsible.”

The content of this bill says to me that it prevents advertising specific content, not completely removing that content. Is there evidence informed medical information that says LGBTQ content causes any of the listed mental health issues? I don’t think so. Nothing in the sexual exploitation section seems to even give wiggle room to it saying LGBTQ content could be considered. Asshole conservatives in power will twist laws in crazy ways. However, we shouldn’t stop legislating things just because a small potential exists. The internet is a cesspool and it should be made a little bit safer for people who can’t reason out they are being exploited.

I think the conversation should be preventing abuse of laws in general. The letter of this bill doesn’t seem bad, but I absolutely can see how it could be manipulated, such as a backdoor for Real ID. But the bill couldn’t be used to completely remove content from the internet, only reducing things being recommended. It specifically says on the bill that the bill does not allow the complete removal of content, it’s just to prevent advertising some content to kids.

I’m happy to continue the dialogue, if you are @MiscreantMouse