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Privacy and Children’s Online Safety Bills Still Contain Serious Flaws, Says ITIF

May 23, 2024

WASHINGTON—Following the House Energy and Commerce Committee markup of the American Privacy Rights Act (APRA) and Kids Online Safety Act (KOSA), the Information Technology and Innovation Foundation (ITIF), the leading think tank for science and technology policy, issued the following statement from Senior Policy Manager Ashley Johnson:

Congress is rightly prioritizing data privacy and children’s online safety, but APRA and KOSA still contain serious flaws that would negatively impact Americans.
APRA attempts to strike a compromise on privacy, with mixed results. On the plus side, the bill would preempt state laws and set a national standard. But on the minus side, the bill includes an expensive private right of action provision that would open up companies big and small to pointless lawsuits. Meanwhile, KOSA aims to protect minors on social media platforms from content that is harmful to children, but could potentially lead platforms to over-censor content affecting all users’ freedom of speech.
Privacy and children’s online safety legislation that strikes the right balance is exactly what this country needs, before even more states add to the growing patchwork of legislation. However, APRA and KOSA need significant changes to protect consumers without infringing on their free speech rights or imposing high costs on businesses that would stifle innovation.

Contact: Nicole Hinojosa, [email protected]


The Information Technology and Innovation Foundation (ITIF) is an independent, nonprofit, nonpartisan research and educational institute focusing on the intersection of technological innovation and public policy. Recognized by its peers in the think tank community as the global center of excellence for science and technology policy, ITIF’s mission is to formulate and promote policy solutions that accelerate innovation and boost productivity to spur growth, opportunity, and progress.

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