The internet can be misused. It is understandable that those in the Senate might seek a government solution to protect children. The Kids Online Safety Act, known as KOSA, would impose an unprecedented duty of care on internet platforms to mitigate certain harms associated with mental health. As currently written, the bill is far too vague, and many of its key provisions are completely undefined. The bill empowers the Federal Trade Commission (FTC) to regulate content that might affect mental health, yet KOSA does not explicitly define the term mental health disorder." Instead, it references the fifth edition of the Diagnostic and Statistical Manual of Mental Health Disorders…or "the most current successor edition." Even more concerning, the definition could change without any input from Congress. The sponsors of this bill will tell you that they have no desire to regulate content. In truth, this bill opens the door to nearly limitless content regulation, as people can and will argue that almost any piece of content could contribute to some form of mental health disorder. Anxiety and eating disorders are two of the undefined harms that this bill expects internet platforms to prevent and mitigate. Should we silence discussions about gun rights because it might cause some people anxiety? Could pro-life discussions cause anxiety in teenage mothers considering abortion? What about violent images from war? They are going to censor themselves, and users, rather than risk liability. This bill does not merely regulate the internet; it threatens to silence important and diverse discussions that are essential to a free society. [This] task is entrusted to a newly established speech police. The ACLU brought more than 300 high school students to Capitol Hill to urge Congress to vote no on KOSA.
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