A new legislative push is underway in Congress to hold big tech companies accountable for child safety amid growing public outrage over online sex offenders and AI-generated “deepfake” nudes that have also claimed Taylor Swift. It’s gaining momentum on Capitol Hill.
Sen. Lindsey Graham (R-S.C.) is among those calling for a complete repeal of Section 230, a long-standing and controversial law that protects social media platforms from lawsuits over content posted by their users. But industry officials say another aggressive proposal, the Kids Online Safety Act (KOSA), is the best bet to actually become law.
The bipartisan bill would impose a legal “duty of care” on tech platforms to protect minors from risks such as harassment, bullying, anxiety and sexual abuse, which would otherwise be enforced by the Federal Trade Commission. will face action. KOSA has 62 senators as of mid-February, including the bill’s co-sponsor, Senate Majority Leader Chuck Schumer (D-N.Y.), making Senate approval a virtual breeze. .
In a surprising twist, smaller social media platforms X and Snap have broken ranks to support KOSA. Microsoft, which does not operate a social media platform but faces an impending regulatory crackdown on artificial intelligence, also supports the bill.
“This is a sign that the Kids Online Safety Act is on its way,” one technology policy official, who requested anonymity, told the Post. “It’s better to be on the side of children than against them in a battle that we’ve probably already lost.”
Meanwhile, Fight for the Future, a digital rights nonprofit, said KOSA could be weaponized by state attorneys general to suppress dissent, effectively blocking underage users’ online He is among the critics who say it will require massive monitoring of its activities. .
Sens. Marsha Blackburn (R-Tenn.) and Richard Blumenthal (D-Conn.) this month released an updated version of KOSA that establishes the FTC, rather than the states, as the primary enforcement mechanism. Although attempts have been made to address these concerns, some critics remain unsatisfied.
When asked for comment, TikTok said it was “considering” a new version of KOSA, which was released last week. TikTok CEO Shou Chew said the company could support the previous version of the bill “with some changes.”
“TikTok strictly prohibits all forms of conduct.” [child sexual abuse material] And we actively prevent this content and report it to the National Center for Missing and Exploited Children,” a TikTok spokesperson said in a statement. “We continue to make intentional design choices to keep those who seek to harm teens out of our apps.”
Representatives for Meta, Snap and X did not respond to requests for comment.
Lawmakers renewed their calls for a repeal of Section 230 and the removal of the technical liability shield during a high-profile Senate hearing in late January. The hearing was also attended by parents of children who committed suicide as a result of “financial sextortion” schemes and other horrific online abuse.
Two other bipartisan bills discussed at the hearing, the Earn It Act and the Stop CSAM Act, would rescind Section 230 protections and allow victims to file high-tech lawsuits over child sexual abuse material posted on platforms. It allows the government to sue companies. These bills do not have as wide support as KOSA.
Nevertheless, Sen. Lindsey Graham, who co-authored the Earn It Act and told Mr. Zuckerberg during the hearing, “I’m bleeding.” [his] He told the Post that he plans to introduce another bill that would completely repeal Section 230 “in the coming weeks.” The bill would be similar to one he introduced in 2021 but did not receive a vote.
“There is no regulatory body that deals with these companies, which are some of the largest and most profitable in the history of the world,” Graham said in a statement. “Because of Section 230, they can’t be sued. Of all the people who can also give you comprehensive liability protection, this would be the last group I would choose.”
Sen. Blackburn, KOSA’s lead sponsor, said Section 230 reform is “long overdue” to “protect diverse voices from big tech censorship and prevent online child exploitation.”
Sen. Josh Hawley (R-Missouri), another longtime critic of the provision, pressed Mr. Zuckerberg to explain why Meta does not compensate victims of online abuse, but said, It is past time for this person to have his day in court.”
“No one should have their videos or images taken and altered without their input,” Hawley said. “Victims of exploitation should be able to sue and receive compensation from the technology companies that allow this to happen. Come on.”
Experts believe that people who were victims of non-consensual, sexually explicit AI deepfake images, like Taylor Swift, were exposed to the virus when her graphic nude photos spread like wildfire on social media platforms. point to the technical liability shield as a major obstacle to pursuing legal recourse.
There are multiple legislative proposals to address AI deepfakes. These include his bipartisan DEFIANCE Act, which would create “federal civil remedies” for victims, and the AI Labeling Act, introduced by U.S. Rep. Thomas Kean (R-N.J.) to ensure deepfakes. is included. Easy to identify.
At a hearing in January, Sen. Dick Durbin (D-Ill.) said Section 230 would “allow big technology companies to grow into the most profitable industry in the history of capitalism without fear of liability for their dangerous actions.” He said that it is now possible. Democratic Sen. Sheldon Whitehouse asked tech executives to submit in writing what exceptions to Section 230 they would be “willing to accept.”
Critics widely agree that Section 230 itself provides too broad a scope and is woefully outdated, but tech giants like Meta and , have long argued that it would be nearly impossible to do business.
Jason Citron, CEO of social media app Discord, agreed that Section 230 “needs to be updated,” calling it “a very old law.” .
“How can we make Section 230 more effective for today’s internet ecosystem while preserving the elements that have allowed so many diverse online communities to launch and thrive?” a Discord spokesperson said in a statement. We look forward to continuing to engage constructively with policymakers to consider these issues.” To the post.
One Beltway political consultant said those who want to completely repeal Section 230 will face an uphill battle, given the current legislative quagmire in Congress. Many of the free speech concerns that have long stymied reform efforts remain.
“I think it will be difficult for lawmakers who can barely agree on a CR that funds the government to find a way to properly thread the needle on regulating Big Tech companies. “In an election year where Republicans have a slim majority,” the political consultant said.
