Editing Kids Online Safety Act
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In 1997, the Supreme Court of the United States unanimously struck down two provisions of the Communications Decency Act, which made "the knowing transmission of obscene or indecent messages to any recipient under 18 years of age" and "knowing[ly] sending or displaying of patently offensive messages in a manner that is available to a person under 18 years of age" felonies<ref>[https://www.supremecourt.gov/opinions/boundvolumes/521bv.pdf 521 U.S. 844, 859]</ref>. "The level of discourse reaching a mailbox simply cannot be limited to that which would be suitable for a sandbox", quoted the Court; "the Government may not 'reduce the adult population . . . to . . . only what is fit for children.'"<ref>[https://www.supremecourt.gov/opinions/boundvolumes/521bv.pdf 521 U.S. 844, 875]</ref> | In 1997, the Supreme Court of the United States unanimously struck down two provisions of the Communications Decency Act, which made "the knowing transmission of obscene or indecent messages to any recipient under 18 years of age" and "knowing[ly] sending or displaying of patently offensive messages in a manner that is available to a person under 18 years of age" felonies<ref>[https://www.supremecourt.gov/opinions/boundvolumes/521bv.pdf 521 U.S. 844, 859]</ref>. "The level of discourse reaching a mailbox simply cannot be limited to that which would be suitable for a sandbox", quoted the Court; "the Government may not 'reduce the adult population . . . to . . . only what is fit for children.'"<ref>[https://www.supremecourt.gov/opinions/boundvolumes/521bv.pdf 521 U.S. 844, 875]</ref> | ||
It's been 25 years and a bill pending in the Senate hasn't learned this lesson. The bill is entitled the "Kids Online Safety Act"<ref>https://www.congress.gov/bill/117th-congress/senate-bill/3663 | It's been 25 years and a bill pending in the Senate hasn't learned this lesson. The bill is entitled the "Kids Online Safety Act"<ref>https://www.congress.gov/bill/117th-congress/senate-bill/3663/text</ref>. The following summarizes and analyzes this Act; numbers and letters in parentheses indicate particular clauses of the bill. | ||
==Current Status== | ==Current Status== | ||
'''Reported Out of Committee with an Amendment''' | |||
The | The below analysis relates to the original version and will be edited to reflect the committee substitute. | ||
==Definitions== | ==Definitions== | ||
Anyone under | Anyone 16 or under is a "minor". (2(5)) | ||
A "covered platform" is an "online platform" | A "covered platform" is an "online platform" that "is reasonably likely to be used, by a minor." (2(3)) | ||
==Duty of Care== | ==Duty of Care== | ||
This Act requires a "covered platform...to act in the best interests of a minor that uses [its] products or services." (3(a)) | |||
It | It must "take reasonable measures...to prevent and mitigate:" | ||
* "mental health disorders" (3(b)(1)) | |||
* "addiction-like behaviors" (3(b)(2)) | |||
* bullying and harassment (3(b)(3)) | |||
* "sexual exploitation" (3(b)(4)) | |||
* advertising of illegal drugs, gambling, tobacco, and alcohol (3(b)(5)) | |||
* "financial harms" (3(b)(6)) | |||
==Restrictions== | ==Restrictions== | ||
===Safeguards for Minors=== | ===Safeguards for Minors=== | ||
A covered platform must have "readily accessible and easy-to-use safeguards" for minors to: | A covered platform must have "readily accessible and easy-to-use safeguards" for minors and their parents to: | ||
* stop other people from finding them (4(a)(1)(A)) | * stop other people, especially "adults with no relationship to" them, from finding them (4(a)(1)(A)) | ||
* "prevent other users, | * "prevent other users, registered or not from viewing" and "restricting public access to" their personal data (4(a)(1)(B)) | ||
* limit features that make them want to use the covered platform more (4(a)(1)(C)) | * limit features that make them want to use the covered platform more (4(a)(1)(C)) | ||
* opt out of, or limit recommendations from, algorithms (4(a)(1)(D)) | * opt out of, or limit recommendations from, algorithms (4(a)(1)(D)) | ||
* restrict sharing of their geolocation, and tell them when it's tracked (4(a)(1)( | * delete their account and all its data (4(a)(1)(E)) | ||
* restrict sharing of their geolocation, and tell them when it's tracked (4(a)(1)(F)) | |||
* limit the time they spend there (4(a)(1)(G)) | |||
If a platform "knows or reasonably believes" a user to be a minor, these settings must be "the strongest option available" (4(a)(2)). | |||
If a platform knows a user | |||
===Parental Tools=== | ===Parental Tools=== | ||
A covered platform must provide "readily accessible and easy-to-use" tools for parents of minors to: | A covered platform must provide "readily accessible and easy-to-use" tools for parents of minors to: | ||
* | * "control" their "privacy and account settings" including the above "[[#Safeguards for Minors]]" (4(b)(2)(A)) | ||
* restrict their purchases (4(b)(2)(B)) | * restrict their purchases (4(b)(2)(B)) | ||
* track the time they spend (4(b)(2)(C)) | * track the time they spend (4(b)(2)(C)) | ||
* turn off parental controls (4(b)(2)(D)) | |||
* "allow [them] to address the harms" covered in "[[#Duty of Care]]" (4(b)(2)(E)) | |||
A minor will be told when those tools are in effect (4(b)(3)). | A minor will be told when those tools are in effect (4(b)(3)). | ||
If a platform knows a user to be a | If a platform "knows or reasonably believes" a user to be a minor, these tools must be in effect by default (4(b)(4)). | ||
===Reporting Mechanisms=== | ===Reporting Mechanisms=== | ||
A covered platform has to have "a readily accessible and easy-to-use" way to report "harms to minors" (4(c)(1)(A)), an "electronic point of contact" specific to them (4(c)(1)(B)), and a way to confirm and track reports (4(c)(1)(C)). It | A covered platform has to have "a readily accessible and easy-to-use" way to report "harms to minors" (4(c)(1)(A)), an "electronic point of contact" specific to them (4(c)(1)(B)), and a way to confirm and track reports (4(c)(1)(C)). It has to respond "in a reasonable and timely manner", within 14 days of getting them (4(c)(2)). | ||
===Exceptions=== | ===Exceptions=== | ||
This Act doesn't: | This Act doesn't: | ||
* stop a covered platform from limiting their algorithms from recommending "harmful, obscene, or unlawful content to minors" (4(e)(3)(A)(i)), or blocking or filtering spam or protecting their security (4(e)(3)(A)(ii)) | * stop a covered platform from limiting their algorithms from recommending "harmful, obscene, or unlawful content to minors" (4(e)(3)(A)(i)), or blocking or filtering spam or protecting their security (4(e)(3)(A)(ii)) | ||
* force a covered platform to disclose the content of a minor's communications (4(e)(3)(B)) | * force a covered platform to disclose the content of a minor's communications (4(e)(3)(B)) | ||
* stop a covered platform from cooperating with law enforcement agencies regarding activity that it "reasonably and in good faith" believes is illegal | * stop a covered platform from cooperating with law enforcement agencies regarding activity that it "reasonably and in good faith" believes is illegal (4(e)(3)(C)(i)) | ||
==Disclosure== | ==Disclosure== | ||
Line 66: | Line 61: | ||
* how to access the [[#Restrictions]] (5(a)(1)(B)) | * how to access the [[#Restrictions]] (5(a)(1)(B)) | ||
* whether it poses any "heightened risk of harm" to them (5(a)(1)(C)) | * whether it poses any "heightened risk of harm" to them (5(a)(1)(C)) | ||
The terms and conditions of any covered platform that uses an algorithm for recommendations must describe | The terms and conditions of any covered platform that uses an algorithm for recommendations must describe | ||
* how the system uses personal data belonging to minors (5(b)(1)) | * how the system uses personal data belonging to minors (5(b)(1)) | ||
* how minors and their parents can | * how minors and their parents can control the system (5(b)(2)) | ||
Any | Any "advertising aimed at minors" on a covered platform must | ||
* tell them why they've been targeted for the ad including what personal data was used (5(c)(1)(B)) | * tell them why they've been targeted for the ad including what personal data was used (5(c)(1)(B)) | ||
* explicitly say that it is an ad (5(c)(1)(C)) | * explicitly say that it is an ad (5(c)(1)(C)) | ||
All these disclosures must be "clear, accessible, and easy-to-understand" | All these disclosures must be "clear, accessible, and easy-to-understand". | ||
==Transparency== | ==Transparency== | ||
Every year a covered platform that has at least 10 million "active users on a monthly basis in the United States" has to get an "independent, third-party...reasonable inspection" (6(a)(1)). | Every year a covered platform that has at least 10 million "active users on a monthly basis in the United States" has to get an "independent, third-party...reasonable inspection" (6(a)(1)). |