Senate Majority Leader Chuck Schumer announced on July 23 that he is planning to bring two bills regulating the online experience of children to a vote. These bills, Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0), address very real issues. Who among us has not seen our children or grandchildren transfixed by screens, without wondering how hours of videos, social networks, or computer games are affecting their mental state and long-term development? And who is not concerned about data being collected online about our children?
In addition, there’s a growing understanding that intentional design decisions are being made that range from simply improving user experience to reinforcing screen time in manipulative ways. The country needs to have a serious discussion about which “design features” of online platforms are unethical and manipulative, and which ones merely make online interactions more enjoyable and productive, just like a good television show draws a larger audience.
Unfortunately, even though work has been done to improve the two bills, they are still not focused enough. For example, in the case of KOSA, the definition of a regulated “design feature” is extremely broad, including infinite scrolling or auto play; rewards for time spent on the platform; notifications; personalized recommendation systems; in-game purchases; and appearance altering filters. So rather than clearly identifying manipulative practices, KOSA would effectively regulate almost every aspect of the online experience for children — a restrictive regime.
Equally important, the U.S. does not have a digital identity system that would allow children to be conclusively distinguished from adults online. That means platforms could come under pressure to apply the restrictions that cover children to everyone. This issue affects COPPA 2.0 as well as KOSA.
These bills tackle key problems. But in their current form, they still open the door to excessively broad regulation of the internet.