Watchdog Sounds Alarm on Reckless ‘Online Safety’ Bills Cleared in Today’s Energy & Commerce Markup

FOR IMMEDIATE RELEASE

Contact: Kara Zupkus (224) 456-0257

WASHINGTON D.C. – Today, the House Energy and Commerce Committee advanced multiple “online safety” proposals, including the Kids Online Safety Act (KOSA) and App Store Accountability Act (ASAA), during committee markup. TPA has long argued that these proposals undermine digital safety and run afoul of the law.

David McGarry, Research Director at the Taxpayers Protection Alliance (TPA), offered the following analysis:  

“At the heart of the now-advanced ASAA is a very dangerous notion. While touted as a ‘safety’ measure, age verification—at any level of the tech stack—is deeply dangerous to Americans’ online privacy and the First Amendment. Handing over sensitive personal information should not be a precondition to being able to speak freely and access constitutionally protected speech online. Experience has shown that neither large tech platforms nor third-party verification services are immune to hacks, data breaches, and other incidents that put the data of users of all ages at risk. The government should not force Americans to place their data in treasure troves for hackers.

“Courts have been clear: mandated age verification imposes unconstitutional burdens on free speech. To truly protect children, Congress should focus on empowering state and federal law enforcement officers to arrest online predators and get them off the digital streets—not pushing for unlawful policies that would harm kids. Age verification takes not a single criminal off the digital streets.

“KOSA, which also advanced today as a part of an overly broad package of bills, has failed to gain necessary traction over multiple Congresses, and for good reason. Although its ‘duty of care’ has been shrunk, the bill still contains unworkable provisions that will not protect children. It has proven a failed concept, and the House should not allow it to advance any further on the floor.

“The legislation advanced today imperils the digital security of millions of Americans and absolutely cannot be reconciled with the law. ASAA and KOSA must be rejected.”