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Don’t Fall for the Latest Changes to the Dangerous Kids Online Safety Act.


The authors of the dangerous Kids Online Safety Act (KOSA) unveiled an amended version this week, but it’s still an unconstitutional censorship bill that continues to empower state officials to target services and online content they do not like.

What KOSA tries to do here then is to launder restrictions on content that lawmakers do not like through liability for supposedly harmful “design features.” But the First Amendment still prohibits Congress from indirectly trying to censor lawful speech it disfavors. Services have little room to make any mistakes if some content is later deemed harmful to minors and, as a result, are likely to restrict access to a broad spectrum of lawful speech, including information about health issues like eating disorders, drug addiction, and anxiety. The Electronic Frontier Foundation (EFF) called on the Ninth Circuit to rule that California’s Age Appropriate Design Code (AADC) violates the First Amendment, while not casting doubt on well-written data privacy laws.

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