The KIDS Act Would Require Age Checks To Get Online

As Congress prepares to vote on the KIDS Act, a package of legislation that seeks to control Americans' web browsing and private messaging, many online services will be forced to implement age-checking practices across their platforms, putting users' privacy and free expression at risk. This is a worrying development for anyone who values the internet as a space for open communication and expression, regardless of age.

The KIDS Act includes a revised version of the Kids Online Safety Act, or KOSA, which has sparked debate over its implications for online services. While supporters claim the bill protects minors online, its requirements come at the expense of users' privacy and free expression. The bill's language is complex, with different age-gating schemes for different services, using different standards. This complexity will likely lead many companies to adopt restrictive age-checking practices across their entire platforms, rather than navigating the legal risks associated with the bill.

Buried inside the KIDS Act are provisions that will push online services to verify all users' ages, requiring government-directed moderation policies for online speech and creating new rules about private and encrypted communications. While the KOSA section of the bill states that it shouldn't be read to require age verification, this disclaimer starts to look hollow when viewed in the context of the rest of the legislation. The KOSA section requires special protections, controls, messaging settings, and parental tools whenever a website or app "knows or should have known" a user is a child (defined in the bill as anyone under 13) or a teen (defined as anyone between 13 and 16 years old).

The problem lies in the bill's negligence-style standard of knowledge, which applies when a platform "knows or should have known" a user's age. This low standard of knowledge creates a liability trap for online services, which will be forced to determine which users are teenagers and which are not. Most won't be able to simply trust their users, and will instead have to collect more information about age before any lawsuit or government action arises. Some companies may respond by requesting age verification from users, which will inevitably lead to a decline in online anonymity and a chilling effect on free expression.

As the KIDS Act moves forward, I predict that online services will become increasingly restrictive in their age-checking practices, leading to a decline in online creativity and innovation. The bill's provisions will also create a new class of "digital gatekeepers," who will be empowered to moderate online speech and determine what content is acceptable. This will have far-reaching consequences for users, who will be forced to navigate a complex and restrictive online environment, where their every move is tracked and monitored.

The KIDS Act affects not just online services, but also the millions of users who rely on the internet for communication, expression, and creativity. For many, the internet is a lifeline, providing access to information, education, and economic opportunities. The bill's provisions will disproportionately affect marginalized communities, who are already vulnerable to online harassment and censorship. The KIDS Act is a threat to the very fabric of the internet, and its passage will have far-reaching consequences for users and online services alike.

The KIDS Act is a wake-up call for online services, which will be forced to implement restrictive age-checking practices and navigate the complex and restrictive online environment created by the bill. As the vote approaches, it's essential that users and online services alike speak out against the bill's provisions, which threaten the very fabric of the internet. The future of online expression and creativity hangs in the balance, and it's time to act.