Parent advocates believe this legal duty of care will protect children, but digital rights, free speech, and some LGBTQ+ advocates believe the bill could actually harm marginalized kids by creating a chilling effect and pressuring platforms to limit free expression on the internet. In a recent letter to senators, groups including the American Civil Liberties Union (ACLU), Electronic Frontier Foundation (EFF), LGBT Tech, and NetChoice wrote that the duty of care could result in “aggressive filtering of content by companies preventing access to important, First Amendment-protected, educational, and even lifesaving content” to avoid liability. They also fear it will lead platforms to impose age verification systems, raising additional privacy and constitutional concerns.

Reiner, L. (2024, July 30). Senate passes the Kids Online Safety Act. The Verge. https://www.theverge.com/2024/7/30/24205718/senate-passes-kids-online-safety-act-kosa-content-moderation