Senators Blumenthal, Blackburn Introduce Another Controversial Online Regulation Bill: KOSA

Senators Blumenthal, Blackburn Introduce Another Controversial Online Regulation Bill: KOSA

WASHINGTON — Digital rights advocates are sounding the alarm about privacy and censorship concerns regarding the Kids Online Safety Act of 2022, recently introduced by Senators Richard Blumenthal (D-Connecticut) and Marsha Blackburn (R-Tennessee).

Known as KOSA, the bill was introduced rather quietly in late February as most digital rights observers were distracted by the progress of the much more high-profile EARN IT Act, also co-sponsored by Blumenthal.

According to a scathing March 24 editorial by Jason Kelley of leading digital rights organization Electronic Frontier Foundation, KOSA hides behind its “protect the kids” name and supposed mission “a plan to require surveillance and censorship of anyone 16 and under” which would actually “greatly endanger the rights, and safety, of young people online” while also chilling controversial speech — including sexual expression — across the internet.

As Kelley points out, KOSA “outlines a wide collection of content that platforms can be sued for if young people encounter it.”

This potentially actionable content includes very specific issues such as “promotion of self-harm, suicide, eating disorders [and] substance abuse,” but then leaves the door open for broad interpretation by adding “and other matters that pose a risk to physical and mental health of a minor.”

The law also would compel platforms to provide data to researchers, mandate an elaborate age-verification system — likely run by a third-party provider — and require “parental controls, turned on and set to their highest settings, to block or filter a wide array of content.”

In order to avoid liability for causing the listed harms, the EFF editorial points out, “nearly every online platform would hide or remove huge swaths of content. And because each of the listed areas of concern involves significant gray areas, the platforms will over-censor to attempt to steer clear of the new liability risks.”

KOSA, a New Stratagem From Two Vocal EARN IT Cheerleaders

As XBIZ reported, back in February Senator Marsha Blackburn issued a statement listing NCOSE — formerly Morality in Media — among the supporters of the controversial EARN IT Act, which has been overwhelmingly condemned by leading digital rights and free speech organizations, including Free Speech Coalition.

The Tennessee Republican also claimed that the act targets online platforms because they supposedly “have made it easier for pedophiles to groom and exploit children.”

Blackburn released that statement to celebrate the rushed, debate-free process that resulted in EARN IT’s passage by the Senate Judiciary Committee.

Senator Blumenthal promoted EARN IT in partnership with his South Carolina Republican colleague Lindsey Graham. The bill was initially introduced in 2020 and purports to have as its goal to “protect victims and survivors of child sexual exploitation.”

In reality, however, it is a broad overhaul of Section 230 protections — known by online rights advocates as the First Amendment of the internet — and would strip platforms of immunity for third-party uploaded content.

EARN IT will also open the way for politicians to define the legal categories of “pornography” and “pornographic website” as they or the lobbies that fund them see fit, a cherished goal of organizations that seek to reintroduce obscenity prosecutions for content currently protected by free speech jurisprudence.

To read the proposed text of KOSA, click here.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the new Canvas in-chat editing feature to its AI-powered, NSFW text generator, GPTease.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Show More