Kids Online Safety Act and COPPA 2.0 Consideration

As the digital landscape evolves, so do the challenges associated with protecting children online. KOSA aims to establish a “duty of care” for major online platforms, requiring them to implement reasonable measures to safeguard minors from potential harms such as addictive design features and inappropriate content. Meanwhile, COPPA 2.0 updates the original 1998 Children’s Online Privacy Protection Act, focusing on limiting data collection and enhancing privacy protections for children. The intersection of these legislative efforts reflects a growing recognition of the need for robust frameworks to ensure children’s safety in an increasingly digital world.

Legislative Context

Both KOSA and COPPA 2.0 have emerged amid rising concerns about the impact of social media and online content on youth mental health. In recent years, lawmakers have grappled with how to effectively regulate the digital environment to mitigate risks while balancing First Amendment rights. The U.S. Supreme Court’s upcoming review of the Texas law regarding age verification for pornographic websites underscores the complex legal landscape surrounding these issues.

Age-Gating Practices

A key component of both KOSA and COPPA 2.0 is the implementation of age-gating practices, which require platforms to distinguish between child and adult users. This can involve methods such as age inference through biometric data or age verification via government-issued IDs. However, these practices raise significant privacy concerns, particularly regarding how personal data is collected and used.

International Collaboration

The U.S. and U.K. governments have also recognized the need for cooperative efforts in addressing online safety for children. A joint children’s online safety working group aims to share evidence and develop common solutions to tackle these challenges. This collaboration highlights the global nature of digital safety issues and the necessity for coordinated responses among nations, especially as children increasingly engage with technology across borders.