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In a particularly scummy move, the Kids Online Safety Act is going to be put into the must pass end of year spending bill: www.axios.com/âŚ
The two laws best positioned to get rolled into big year-end legislative packages, according to advocates and lawmakers, are:
The Kids Online Safety Act (KOSA), which would require platforms to guard kids from harmful content using new features and safeguards and to make privacy settings âonâ by default for children. The law also mandates privacy audits and more transparency about privacy policies.
At first glance, the bill doesnât sound bad, since itâs about helping âprotect childrenâ online. But like every âprotect the childrenâ type law, this would censor the internet of anything âharmfulâ to children aka any LGBT, NSFW, or whatever the Right doesnât like, force everyone to upload their govt IDâs to even access anything online, and surveil everyone else. Gutting everyoneâs privacy in an era where we see massive state violence and encroaching fascism globally. This is not only pushed by the same people (Senator Richard Blumenthal and Marsha Blackburn) who created the awful EARN IT Act, but also has many of the same flaws, such as pro-censorship, anti LGBT resources and content, and pro-mass surveillance.
But the biggest problem, as Mike Stabile has pointed out, is HOW the mechanism to which this works: The State Attorney General.
This addition would allow states like Texas and Florida to sue companies for having LGBTQ+ content, along with sex education resources, incentivizing these platforms to ban that content. To be more specific, the bill allows the state attorney general to sue if they believe that platforms do not protect minors from a list of harms that includes politicized terms like âgroomingâ which, as weâve seen can include any sort of LGBTQ information, entertainment or literature.
RuPaul on TikTok?
A clip on transgender youth on Facebook?
A gay character in a Disney movie?
Suicide hotlines for gay youth?
Cue a suit from Texas or Florida targeting the entire web.
And the problem is that given the current political climate and the cruel behavior of a number of GOP aligned political groups in positions of power, this only ends up making things RIPE for abuse and mass censorship (since companies will probably end up choosing to acquiesce to their demands rather than risk being subject to liability) not to mention the damage this would cause to children who might need resources regarding LGBT or sex education.
Furthermore, the definition of âsexually exploitative materialâ, âgroomingâ, and âchild pornâ has been used in the past year to target transgender people, drag queens, and the wider LGBTQ+ community by likening their very existence as sexually violent. Yet another way this billâs language will be used to target a community that is already facing violence. Every night, Fox News blasts a story on âsexualization of children â to fear-monger around the LGBT community. One needs to not look any further than the right-wing ecosystem to see how KOSA would easily be weaponized.
This article by Mike Masnick on Techdirt also goes further into KOSA and its adjacent bills.
To make matters even worse, on top of the usual suspects of NCOSE (a far right group disguised as an anti sex trafficking org, who are infamous for being religious nutjobs who HATE anything to do with sex or LGBT. They used to be called Morality in Media) supporting this travesty of a bill, itâs been revealed that the Senate leader is claiming thereâs no opposition.
This is literally giving the fascists a dangerous tool to abuse, all for the sake of political brownie points against âBig Techâ. A tool that far right groups like the Heritage Foundation have OPENLY stated will abuse to silence LGBTQ+ or sex-ed content for youth everywhere if it passes.
The ONLY way this works is by making sure who is and isnât a minor is to have some form of age-verification scheme. And the only way to do that is through a third party like ID.me which has recently come under scrutiny for, you guessed it, data leaks. So everyone who accesses anything online will be forced to upload their govt IDs. How is this protecting anyoneâs privacy?
With all that said, what can we do?
Well, the same thing we did for the EARN IT Act; we make a LOT of noise, and get the word out.
And PLEASE call your Senators at (202-224-3121).
There is a call script with phone numbers here.
Fax them, email them. Tell them they MUST oppose this bill. CONTACT any major human rights, LGBT, and cybersecurity related organizations aligned and let them know about this bill, and the harm it can cause to LGBT rights and children!
EMPHASIZE THE HARM TO CHILDREN WHEN YOU CONTACT PEOPLE, SINCE THEYâRE TRYING TO CLAIM THAT THIS WILL HELP PROTECT CHILDRENâS PRIVACY, WHEN IT DOES THE EXACT OPPOSITE.
Thereâs also a Petition by the Electronic Frontier Foundation and from Fight For the Future.