Advocates for the LGBTQ community asked Democratic congressional leaders on Monday to reject the Kids Online Safety Act (KOSA), arguing that it could stifle access to important information online.
In a letter to Senate Majority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Hakeem Jeffries (D-N.Y.), nearly 30 organizations, including LGBT Tech and the American Civil Liberties Union (ACLU), voiced concerns with the bill’s “duty of care” provision.
The “duty of care” provision requires social media companies to prevent and mitigate harms that their platforms cause young users, such as suicide, eating disorders and sexual exploitation.
However, the organizations that signed onto Monday’s letter argued the provision is “vaguely worded” and could empower the Federal Trade Commission (FTC) and Department of Justice (DOJ) to bring cases against platforms that provide information about the LGBTQ community, reproductive healthcare and the history of marginalized communities.
“We are concerned that the ‘duty of care’ would incentivize platforms to remove LGBTQ+ content to avoid legal penalties,” they wrote. “The bill’s duty of care provision would give the FTC power to bring cases against companies that feature information about sexual orientation and gender identity, arguing that it is harmful to children.”
“We all want the internet to be a safe environment for our youth,” they added. “We urge you to ensure that attempts to create safer spaces for young people do not work against everyone’s access to valuable information.”
The letter comes amid a renewed push to pass the legislation before the end of the year and the end of this Congress.
KOSA, which passed the Senate in July and advanced out of the House Energy and Commerce Committee in September, stalled due to pushback from House Republicans over censorship concerns.
However, the bill’s authors, Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.), announced Saturday that they had negotiated updated text with Elon Musk’s social platform X to address GOP concerns.
“Led by X, the new changes made to the Kids Online Safety Act strengthen the bill while safeguarding free speech online and ensuring it is not used to stifle expression,” Blackburn and Blumenthal wrote in a statement.
Musk voiced support for the legislation, noting in a post on X that “Protecting kids should always be priority #1.” Given his closeness to President-elect Trump in the wake of the election, the tech mogul has become an increasingly important player in Washington.
Trump’s son Donald Trump Jr. also threw his weight behind KOSA on Sunday, writing on X, “We can protect free speech and our kids at the same time. It’s time for House Republicans to pass the Kids Online Safety Act ASAP.”
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