On Tuesday, 30 July 2024, the US Senate passed the Kids Online Safety and Privacy Act (KOSPA) in a vote of 91-3.
The KOSPA Bill comprises three separate frameworks and places "a duty of care for online platforms and requires them to activate the most protective settings for kids by default".
Any organisations that fall within the KOSPA Bill's regulatory scope must take steps to prevent and mitigate against a number of harms, including:
- Mental health disorders: anxiety, depression, eating disorders, substance use disorders, and suicidal behaviours;
- Patterns of use that could indicate addictive behaviour;
- Online or physical bullying, harassment or violence;
- Sexual exploitation and abuse;
- Promoting narcotic drugs, tobacco products, gambling, or alcohol;
- Predatory or deceptive marketing practices.
The Senate Committee on Commerce, Science and Transportation published a press release on 25 July, ahead of the vote.
The IAPP has published an article reporting on the Bill and what is expected as the Bill moves across to the House of Representatives.
A separate legal analysis by the Future of Privacy Forum compares the Bill against federal children's privacy laws.
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