Advocates split on kids online safety bill LGBTQ+ impact

• One recently reintroduced proposal, the Kids Online Safety Act from Sens. Richard Blumenthal and Marsha Blackburn, has been the subject of a lot of debate: "We had extensive and collaborative conversations with the LGBTQ+ community and other stakeholders," a Blumenthal spokesperson told Axios.
• "These discussions resulted in several changes directly responsive to their concerns, which shifted a number of significant LGBTQ+ movement organizations to a neutral position on the bill. We really appreciated the ability to have an honest, open exchange of ideas and are grateful to all the stakeholder groups that have worked with us to strengthen the bill."

Why it matters: There's broad agreement that unregulated social media is harmful to young people. But for LGBTQ+ communities in particular, the internet has long provided lifesaving information and a sense of community.

• There is also a general wariness among organizations working on digital rights of any bills that limit online speech, fearing a slippery slope of censorship and weaponization against certain groups.

What they're saying: "I never saw a future for myself as a young, bisexual woman. I met other people online who grew up in conservative Muslim households like myself," a woman from Michigan, who started using social media at age 11 and requested anonymity, told Axios on why she is opposed to KOSA.

• "It's where I was able to explore sex and gender, and partake without an aspect of shame or fear."

What's happening: KOSA, first introduced last year, was narrowed to make platforms liable for a "duty of care" only when it comes to specific harms exacerbated by their product designs and algorithms, such as eating disorders or suicidal behavior.

• Bill sponsors also limited the duty of care language to ensure it's not misinterpreted to require platforms to block content that a young person requests as well as access to medical and support resources.
• Groups including the Electronic Frontier Foundation and Fight for the Future say the bill would still empower state attorneys general with anti-LGBTQ+ ideologies to interpret and enforce the bill.
• Emma Llansó, a director at the Center for Democracy and Technology, told Axios that the changes do not go far enough, especially given its empowering of attorneys general.
• "There is a contrast between what the bill says on its face and what is going to happen with that legislative language in practice," Llansó said.

Beyond KOSA, opponents of Sen. Dick Durbin's Stop CSAM bill say it would allow the use of encryption to be weaponized against tech companies as evidence for facilitating child sex abuse material online.

• A Judiciary Committee aide rebutted that argument, telling Axios that encryption alone can't be used as evidence and in a vacuum. Much more relevant evidence would need to be presented to bring a serious case against a platform, the aide added.

Yes, but: Some groups are pleased with what they see as a more targeted version of KOSA, describing a productive back-and-forth with bill sponsors over the past months where concerns were addressed.

• The Mental Health Liaison Group, a coalition of national organizations, sent a letter Thursday to Senate leaders in support of KOSA. Members of the coalition are part of the LGBTQ+ community and provide gender-affirming care.
• "It’s important to recognize the LGBTQ community is not a monolith and there can be a different viewpoints on the bill, but it would never be the intention of putting LGBTQ lives at risk," Allison Ivie, an Eating Disorders Coalition government relations representative, told Axios.
• KOSA is significantly narrower than it was last year, one national LGBTQ+ group told Axios. The group previously thought it was overly broad, gave parents too much access and swept in all kinds of activity. Now it sees no reason to oppose the bill.
• LGBTQ+ youth are at high risk of suicide and suicide ideation, in part because of what platforms are feeding through their algorithms, said the group, which has been meeting with bill sponsors about their concerns.

What's next: KOSA has not yet been scheduled for a markup, but advocates say they expect more changes to the bill will be made during that process.

• "The state AG part has been tremendously watered down and concerns have been addressed. It hasn’t gone through markup, and that's an opportunity to bring up more changes," said Design It for Us co-chair Zamaan Qureshi.
• Qureshi’s group will head to the Hill in July to get more lawmakers to sign onto the bill. KOSA currently has more than 30 co-sponsors.