Dear Speaker Johnson, Leader Schumer, Leader McConnell, and Leader Jeffries,

On behalf of the millions of taxpayers and consumers, we, the undersigned organizations, write to you in  opposition to S. 1409/H.R. 7891, the Kids Online Safety Act (KOSA). While we applaud your efforts to  improve children’s privacy and online safety, KOSA fails to achieve these laudable goals and, in fact,  would create greater risks for America’s youth in the technology age.

S. 1409/H.R. 7891, introduced by Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R Tenn.), alongside Reps. Gus Bilirakis (R-Fla.) and Kathy Castor (D-Fla.), would broadly hold online  platforms liable if their design and operation of products and services fails to mitigate wide-ranging societal issues such as mental health, suicide, and addiction. This untenable standard will result in  platforms being forced to censor perfectly legal speech, including that of non-minors, fearing the  liability repercussions KOSA’s Sec. 102 creates.  

To ensure platforms’ compliance, Sec. 105 of KOSA would require public reporting on age-specific  statistics for users under seventeen years old. Statutorily requiring the mass collection of aggregate  minor user data stands in stark contrast to what laws intending to protect children’s online activity and  privacy should do. Moreover, imposing the Sec. 102 Duty of Care standards would also ultimately lead  to age verification requirements for platforms, something which the U.S. Court of Appeals for the Third  Circuit ruled as having serious First Amendment concerns in ACLU v. Ashcroft (2002) and again in  ACLU v. Mukasey (2008).

Online platforms provide a valuable space where discourse around complex issues that range the  political spectrum can occur. KOSA’s first version awarded state Attorneys General sweeping powers to  subjectively determine the criteria for harms to children. Immediately, interested parties on both sides of  the aisle have already floated various ways they could weaponize KOSA (or similar proposals) against  speech they dislike, making de facto censorship an almost certain result of the bill’s passage. The  second, and most recent approach, to this bill awards vast decision-making authority to regulators at the  Federal Trade Commission (FTC), an agency under heavy scrutiny for blatant partisanship. The FTC has  been the subject of dozens of oversight hearings in the 118th Congress. Simply put, changes to KOSA  loosely replace a 50-state regulatory patchwork with a partisan regulatory board at a rogue federal  agency.  

Regulating the ways children and teens interact with the internet is entirely different, and in many ways  opposite, of protecting them. For example, Sec. 103 of KOSA would enact limits on the abilities of  minors to communicate with other users. The vague language employed would likely lead to minors  being unable to communicate with other minors, as well as adult users, essentially flipping the light  switch off on minors’ ability to engage on the internet. If enacted, KOSA would also target platform

design infrastructure such as infinite scrolling and autoplay, placing limits on the amount of content – or  in more constitutional terms, free speech – individuals can access.  

Protecting children online is a complex and noble endeavor and we applaud your members for trying to  undertake this effort. However, considering legislation that would undo the last 30 years of internet  regulation by placing the responsibility for protecting children on partisan bureaucrats will fail to protect  children and strip civil liberties from Americans of all ages. We urge you to reject advancing KOSA, and  instead work towards empowering law enforcement to track and catch online predators and protecting  the data privacy of all Americans. 

Sincerely, 

David Williams 

President 

Taxpayers Protection Alliance 

Tirzah Duren

Vice President of Policy & Research

American Consumer Institute

Jessica Melugin

Director, Center for Technology & Innovation Competitive Enterprise Institute

Yaël Ossowski

Deputy Director

Consumer Choice Center

Mario H. Lopez

President

Hispanic Leadership Fund

Bartlett Cleland

Executive Director

Innovation Economy Institute  

Tom Giovanetti

Institute for Policy Innovation*

Douglas Carswell

President & CEO

Mississippi Center for Public Policy

*Organization Listed for Identification Purposes Only

Chris Cargill

President & CEO

Mountain States Policy Center

Pete Sepp

President

National Taxpayers Union

John Tamny

President

Parkview Institute

Daniel J. Erspamer

Chief Executive Officer

Pelican Institute for Public Policy

Josh Withrow

Fellow, Technology & Innovation Policy R Street Institute

Stacie D. Rumenap

President

Stop Child Predators

Vance Ginn, Ph.D.

Former Chief Economist

White House OMB

Casey Given

President

Young Voices