On Sept. 10, 42 state attorneys general endorsed a plan backed by the U.S. surgeon general to add warning labels to social media platforms. While this plan is well-intentioned, it’s unlikely to make a significant impact. “In general, warning labels by themselves [are] just not effective,” said Oriene Shin, policy counsel at Consumer Reports. Shin explained that warning labels “really need to be coupled with safe design. [They’re] the icing on the cake rather than the end all be all.”
Fast forward to Sept. 16, when a U.S. Court of Appeals heard arguments over whether the federal government’s potential ban of TikTok is lawful. A third of TikTok’s 170 million users in the U.S. are aged 14 or younger. This means that TikTok is gathering data on and influencing the minds of 50-60 million American children. That data (including biometrics) and the propaganda being fed into their newsfeeds, appears to be influenced by the Chinese government. Regardless of the court’s decision (due by Dec. 6), strong protections are needed for kids and teens across all social media platforms, right now.
Congress’s recess is over, but just before the break, something miraculous happened. On July 30, in a 91-3 vote, the Senate passed the bipartisan Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0). If set into law, they would be the most comprehensive legislation to protect children online in U.S. history. Post recess, these are now in the hands of the House.
Photo illustration of social media apps.
Matt Cardy/Getty Images
Numerous federal legislative efforts aimed at safeguarding children and teens online have been introduced over the years, but all have stalled in Congress. KOSA and COPPA 2.0 have progressed further than any prior efforts. In the aftermath of the Senate’s vote, even President Biden endorsed them. What exactly do these bills accomplish? Do they merit passage?
KOSA, led by senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN) along with 62 co-sponsors, is a multifaceted bill with many vital elements. First, it includes a mandate to protect kids’ safety and privacy by “limiting the ability of other individuals to contact or find them—particularly by adults with no relationship to them.” Second, it enables young users to disable certain functionalities that may promote addictive behavior, including auto-playing videos. Third, it empowers parents of minors by giving them controls over privacy settings and time limits for their children. Fourth, it importantly “requires platforms to issue annual independent audits that identify the risks of harm to minors.”
In addition, the centerpiece—and most controversial aspect—of KOSA establishes a “duty of care” for online platforms used by minors. This mandates platforms implement “reasonable” measures in their design to address harms such as online bullying, sexual exploitation, and the promotion of drugs and eating disorders.
COPPA 2.0 is simpler. It expands on its 1998 predecessor, extending privacy safeguards to encompass youths under 17, rather than just those under 13. Additionally, it would prohibit personalized advertising targeted at minors.
The need for protective legislation is clear. Last year, the surgeon general issued a public advisory that social media had led to “a national youth mental health crisis.” In 2023, a Meta whistleblower revealed that 13 percent of teens ages 13-15 experienced “unwanted sexual advances on Instagram in the last seven days alone.” Meta’s internal research also found that one-third of teen girls reported Instagram made them feel worse about their bodies.In today’s polarized climate, the need to protect children and teens from social media’s harms is one of the rare topics all sides can agree on.
KOSA has certainly faced opposition from various constituencies. The core of the controversy lies in how the legislation might impact free speech on contentious cultural issues. Both political wings fear the child safety argument could be exploited to suppress speech. Progressives are concerned about potential restrictions on LGBTQ information, while conservatives harbor concerns regarding pro-life advocacy.
While the version of KOSA that passed was revamped to better clarify its more ambiguous language, some groups, including the American Civil Liberties Union, have maintained their opposition. Sen. Ron Wyden (D-OR), one of the three dissenting voices, said the Act would be used “to wage war on legal and essential information to teens.”
That both right and left have voiced concerns about types of information that may be stymied demonstrates the balance of the bill. I have concerns that KOSA doesn’t do enough to protect kids from the significant harms of algorithmic recommendation systems. While KOSA addresses this issue by mandating the ability for kids to “opt out,” it’s unclear how many kids will make that choice. Prohibiting these systems outright for minors is a better solution.
These concerns all merit consideration. But they aren’t enough to undermine the bills’ core components, which are desperately needed right now. Legislation of this nature can also evolve through subsequent amendments. This occurred after the initial passage of the Children’s Online Privacy Protection Act of 1998 (COPPA). In 2013, the Federal Trade Commission expanded the scope of COPPA to address technological advancements like smartphones. It also broadened “personal information” to encompass children’s location data, images, videos, and voice recordings.
Once enacted, KOSA and COPPA 2.0 can likewise form a basis for future enhancements, adapting to changing needs and technologies over time.
There’s another complementary bill with bipartisan support that is poised for passage. Let’s seize this moment and also pass the American Privacy Rights Act (APRA), a bipartisan bill supported by both chambers (but not yet brought to a vote), which could become the country’s first national privacy rights law. APRA is designed to protect people of all ages.
The momentum is here. Now the finish line is all that matters. Encouragingly, both political parties and most Americans agree on the necessity for powerful legislation to protect our kids. Social media warning labels are a welcome add-on, but not a substantive solution. KOSA and COPPA 2.0 are critical steps right now, while APRA is on deck.
Mark Weinstein is a world-renowned tech thought leader and privacy expert. He is the founder of the social network MeWe, which he left in July 2022, to write the book on the intersection of social media, mental health, privacy, civil discourse and democracy. “Restoring Our Sanity Online” publishes September 24 (WILEY).
The views expressed in this article are the writer’s own.
