House Passes KIDS Act: Why the Senate Should Reject It

• The House of Representatives passed the KIDS Act (267-117), a legislative package that mandates age-gating for online services.
• EFF opposes the bill, arguing it compromises user privacy and free expression.
• The legislation now heads to the Senate, where public opposition is being encouraged.

Mandatory Age Verification Concerns

• The KIDS Act requires websites and apps to identify users under 18, necessitating age verification systems.
• Methods like government IDs, biometric scans, or behavioral analysis pose significant privacy risks.
• Centralizing sensitive identity data creates targets for data breaches, hacks, and misuse.

Impact on Online Speech

• The bill includes provisions from the Kids Online Safety Act (KOSA) that pressure platforms to police lawful content.
• Regulators can sue companies over moderation policies regarding topics like gambling, alcohol, or cannabis.
• Broad liability encourages platforms to engage in over-moderation, potentially restricting access to critical resources like substance abuse recovery information.

Proposed Alternatives

• EFF advocates for comprehensive, universal privacy legislation rather than fragmented age-gate mandates.
• A suggested legislative priority is a nationwide ban on behavioral advertising that tracks users across the web regardless of age.