Final section: "I’ve heard there’s a new version of KOSA. What’s the deal?
The new version of KOSA makes some good changes: narrowing the ability of rightwing attorneys general to weaponize KOSA to target content they don’t like and limiting the problematic “duty of care.” However, because the bill is still not content neutral, KOSA still invites the harms that civil rights advocates have warned about.
As LGBTQ and reproductive rights groups have said for months, the fundamental problem with KOSA is that its “duty of care” covers content specific aspects of content recommendation systems, and the new changes fail to address that. In fact, personalized recommendation systems are explicitly listed under the definition of a design feature covered by the duty of care in the new version. This means that a future Federal Trade Commission (FTC) could still use KOSA to pressure platforms into automated filtering of important, but controversial topics like LGBTQ issues and abortion, by claiming that algorithmically recommending such content “causes” mental health outcomes that are covered by the duty of care like anxiety and depression. Bans on inclusive books, abortion, and gender affirming healthcare have been passed on exactly that kind of rhetoric in many states recently. And we know that already existing content filtering systems impact content from marginalized creators exponentially more, resulting in discrimination and censorship.
It’s also important to remember that algorithmic recommendation includes, for example, showing a user a post from a friend that they follow, since most platforms do not show all users all posts, but curate them in some way. As long as KOSA’s duty of care isn’t content neutral, platforms will be likely to react the same way that they did to the broad liability imposed by SESTA/FOSTA: by engaging in aggressive filtering and suppression of important, and in some cases lifesaving, content.
We refuse to accept that trans youth and human rights must be collateral damage in the fight to keep kids safe online. We have to keep up the pressure until this legislation is amended to ensure it will protect all kids, rather than endangering some of the most vulnerable."