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Politicians Are Using Kids As Props To Pass Terrible, Harmful Legislation. Don’t Let Them Get Away With It


Amidst all of the attention paid to last week’s Senate hearing on child safety online, it remains stunning just how little time was actually spent on how to help children online. Instead, we saw pu…

The Kids Online Safety Act (KOSA) continues to march through the halls of Congress as though it’s the best thing since sliced bread, even though one of the co-creators of this bill clearly stated that her intention is to protect children from “the transgender” and to prevent “indoctrination” from the LGBT community. In this paper, we argue that KOSA’s duty of care is rooted in a deterministic theory that we label “techno-legal solutionism.” When the law demands technosolutionism, it sets up a configuration that is unrealizable at best and, in some cases, explicitly harmful to the very population that needs protection. In order to unpack our theory of “techno-legal solutionism,” we analyze the “duty of care” provision of the Kids Online Safety Act (KOSA) to show how and why this approach will fail to achieve its stated goals.

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