Letter to the Senate Commerce Committee (TechNet)

Section 3(a) of KOSA would lead to children and teenagers being restricted from accessing protected speech. By failing to define with specificity the types of prohibited content or practices, covered platforms are faced with serious questions regarding ways to avoid liability under Section 11 of KOSA. Further compounding this uncertainty, Section 11 of KOSA provides for enforcement by both the Federal Trade Commission and State Attorneys General. Without clear definitions and guidance in Section 3, Attorneys General will no doubt enforce KOSA inconsistently, based on individual interpretations of which content is protected and could lead to mental health disorders or patterns of use that indicate addiction-like behaviors.