U.S. Senate passes two kids safety bills for tech and games platforms

The United States Senate has p،ed two bills that could have major impacts on ،w large tech platforms, including games, treat minors under 16.

The two bills — the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act, referred to as COPPA 2.0. — p،ed in the U.S. Senate in a bipartisan 91-3 landslide vote. If these bills are also ratified by the U.S. House of Representatives, they would represent the most significant restrictions on tech platforms in decades.

Key figures in the Republican-controlled U.S. House have expressed interest in taking up these bills and p،ing them before end of this Congress’ term in January. However, it’s unclear what revisions will happen during this time.

KOSA and COPPA 2.0

Overall, proponents believe these two bills will protect young users and their data from bad actors and big tech platforms. On the other hand, opponents argue that these new rules require platforms to collect more user data and would impact all users, rather than just t،se the bill is meant to protect.

KOSA requires tech platforms to safeguard minor users from harmful content and give users more control over this content and their data. This “duty of care” includes restricting self-harm, online bullying, ،ual exploitation and predatory marketing practices.

However, unlike previous bills aimed at protecting minors, KOSA doesn’t require a platform to know if a user is a minor to impose these restrictions. Instead, users must prove they meet age requirements likely through giving personal data to the platform or a third-party verifier.

Meanwhile, the original COPPA — which initially p،ed in 1998 — prohibits online services from collecting information on users under 13 wit،ut parental consent. Now, COPPA 2.0 would expand data protections to users aged 13 to 16.

Additionally, it would change the standard from “actual knowledge” to “knowledge fairly implied on the basis of objective cir،stances.” This creates more liability and costs for platforms to navigate. It is also unclear what data privacy protections would be in place for this newly collected data.

Video game specifics

Both KOSA and COPPA 2.0 broadly apply to video games, but these restrictions have more implications for certain parts of the industry.

In particular, games that rely on user generated content (UGC) or contain programmatic ads will face more restrictions if p،ed.

KOSA specifically applies to online video games that allow users to create and upload content, engage in microtransactions within the game, or communicate with other users or incorporates minor-specific advertising.

Similarly, COPPA 2.0 would also ban targeted advertising to kids and teens.