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The Senate Commerce Committee is once again considering legislation that would dramatically expand age verification, and undermine privacy for everyone. Alongside the SCREEN Act, the CHATBOT Act, and the Youth AI Privacy Act, the Kids Online Safety Act (KOSA) would push companies to collect more information about their users while creating new incentives to restrict lawful speech.

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Tell Congress: KOSA endangers the privacy of all

KOSA Pushes Platforms Toward Age Verification

The Senate version of KOSA imposes a “duty of care” on online services, including social media, to avoid exposing young people to certain material the law deems harmful. But those obligations only work if online services know which users are minors. That means more platforms will be pressured to implement age verification or age estimation systems.

That’s not a bill that increases privacy—it’s one that creates new privacy problems. Whether companies verify ages by checking government IDs, performing facial analysis, checking your bank records, or collecting other personal information, all of these systems require the handing over of more sensitive data, simply to access lawful online speech and services. They also create new databases of personal information that can be breached, misused, or demanded by governments.

Everyone deserves privacy online. Congress could push for a bill that protects privacy for all users, but that’s not what they’re doing here. Instead, KOSA and the other bills coming up for a vote this week push online services to adopt systems that require people to identify themselves before they can speak, read, or participate online.

KOSA Still Creates Incentives to Censor Lawful Speech

Some online content isn’t appropriate for minors. Families, schools, and communities all have important roles to play in helping children navigate the internet. But KOSA takes those decisions away from families and the young people who have a First Amendment right to speak and access information online. It instead empowers government officials to enforce how online services handle lawful speech.

And by empowering elected attorneys general in states across the country to enforce KOSA, the bill means those elected officials, rather than your family, deciding what’s appropriate online content for teens. Even more likely, it will lead to limits on what minors and adults are able to see at all, as companies shut down potentially controversial forums in order to avoid legal action from government bureaucrats.

The latest version of KOSA once again includes a broad "duty of care" requiring platforms to mitigate a wide range of alleged harms to minors.

Whatever disclaimers and exceptions the bill includes, the practical effect is unchanged. When platforms face liability for content that someone later claims contributed to harms like anxiety, eating disorders, or substance use, the safest response is to remove lawful speech or shut down forums discussing those topics altogether.

More worrisome, the potential liability KOSA creates may push online services to either remove speech well in advance of a young person seeing it, or block young people’s access so they never see it. That will likely include forums where people try to help each other, find community and recovery resources for the exact harms listed in the bill, like gambling and drug addiction. In trying to protect young people, KOSA may actually cut them off from valuable sources of support.

We've explained these censorship risks in detail before, and they remain just as real in the latest version of the bill.

Congress Should Reject KOSA

Minors deserve meaningful privacy protections online—as do adults. But KOSA moves in the opposite direction by encouraging more age verification, as well as more legal pressure for platforms to monitor and restrict lawful speech.

The Senate Commerce Committee should reject KOSA, along with the other bills in this legislative package, and instead pursue comprehensive privacy legislation that protects everyone—not just minors—without undermining privacy, security, or free expression.

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Congress shouldn't set the rules for what we see online

Joe Mullin

EFF Joins 18 Civil Rights Organizations Calling on Governor Hochul to Reject the Stealth Crawler Prohibition Act

EFF update

12 hours 19 minutes ago

EFF joined a group of 18 civil society organizations to send a letter encouraging New York Governor Kathy Hochul to Senate Bill 9934A, the New York Stealth Crawler Prohibition Act. The letter states:

While framed as a measure to protect local journalism, this legislation harms free expression and establishes a dangerous precedent by effectively deanonymizing and criminalizing automated access to the open web. By requiring all web crawlers to disclose their identity and explicit purpose, and by granting media outlets unchecked authority to obtain judicial subpoenas to unmask unidentified automated web traffic without any showing of misconduct or actual injury, this bill threatens digital privacy, compromises the foundational architecture of the internet, and will ultimately stifle the very independent journalism it seeks to protect.

As we’ve previously explained, so-called “stealth crawlers” are simply automated tools to access and collect public web data—without disclosing the user’s identity. Private crawlers like these facilitate all kinds of important work that benefits the public, including investigative reporting, academic research, cybersecurity protection, and EFF’s own Privacy Badger. As we illustrate in the letter:

Anonymous crawling fuels important investigative journalism. For example, The Markup, a non-profit news site, used anonymous crawlers to investigate potentially anti-competitive practices by tech companies, such as Amazon’s tendency to prioritize Amazon brands and Amazon-exclusive products over competitors with higher ratings. The crawlers identified themselves as ordinary Firefox browsers to web servers, which allowed The Markup to understand how Amazon search results pages would appear to ordinary users. Similarly, ProPublica used an automated tool designed to simulate an ordinary Amazon customer to reveal that the site steered shoppers to more expensive products over cheaper alternatives.

Anonymous web scraping is also crucial for cybersecurity professionals, who use automated tools to monitor the web for information that helps them protect against malicious attackers. Privacy tools, including EFF’s Privacy Badger, also crawl sites anonymously to identify trackers without compromising user privacy.

Laws like S9934A sweep far beyond AI, targeting anonymity rather than the real technical issue: overaggressive crawling that can overtax technological infrastructure. Unmasking crawlers won't fix these server strains, but it will chill vital public-interest research and compromise digital privacy. Addressing the harms of web scraping requires narrow technical solutions—not policies that give publishers veto power over the open web. This is why we are calling on Governor Hochul to veto S9934A.

You can read the full letter here. For a deeper dive into why crawlers and scrapers are vital for the open web, check out this blog post.

Rindala Alajaji

EFF Joins Call for FTC to Drop Its Disastrous AI Policy Proposal

EFF update

13 hours 27 minutes ago

The Federal Trade Commission (FTC) in July issued a proposed policy statement “concerning the suppression of accuracy in artificial intelligence systems.” We urge the FTC to withdraw this misguided proposal and instead focus on its core strengths and mission to protect consumers.

The new proposed policy builds on, and directly references, the Trump administration’s “Preventing Woke AI in the Federal Government” executive order—a nightmare for civil liberties that seeks to strong-arm AI companies into modifying their models to conform with the its ideological agenda. In recently filed comments, EFF, Public Knowledge, and Fight for the Future call for the FTC to stop its unconstitutional efforts to regulate lawful speech, override state laws, and intimidate AI developers into ideological alignment with the Trump administration.

The government may not install itself as the arbiter of truth.

In the joint comments, we outline three critical flaws within the latest proposed policy. First, it violates the First Amendment. The policy calls for the Commission to become the judge of which AI outputs meet an undefined standard of accuracy. Installing the FTC as the authority of this sort of viewpoint-based judgment is a prior restraint on speech. Additionally, the policy’s proposed solution to address speech concerns compounds, rather than properly limits, the likely harms to speech. As we say in our comments: the government may not install itself as the arbiter of truth.

Second, it exceeds the FTC’s legal authority by claiming that its federal regulatory rules can override, or “preempt,” laws in states that have passed to regulate artificial intelligence use. This is clearly an attempt to target state laws the administration disagrees with. For example, the policy specifically criticizes Colorado's automated decisionmaking law, which applies when automated technology is used to consider consequential decisions such as those around employment, access to housing, health care, and insurance. We noted to the FTC that characterizing this law as one that requires AI companies to “suppress accuracy,” or encourages deception, is itself inaccurate. In any case, the FTC lacks the authority to put its rules in place over state law, unless Congress directly delegates it that power. It has been given no such power here.

Third, the policy is vague and sets the stage for improper jawboning of AI developers and companies that use AI tools (deployers). Jawboning is a term for situations in which the government urges private companies or people to censor another's speech. The proposal, as written, creates an enforcement regime that would put a thumb on the scale in favor of certain partisan speech and ideals. This will lead companies to censor only what the administration interprets as biased or untruthful. Yet, in our filing, we note that the FTC itself can't define an objective standard for what “bias” means, conceding the “exact line of what constitutes bias may be difficult to draw.”

There is work the FTC should be doing to protect consumers in the age of AI. In our comments, we conclude by saying:

[We] implore the Commission to focus on its core strengths and the mission for which it is so urgently needed—promoting structural market competition and protecting consumers from real unfair and deceptive acts and practices—in both the burgeoning and critically important AI industry and across the broader technology marketplace.

EFF and our partners have always urged the FTC to police genuine deception in technology markets. We have also consistently opposed government efforts to dictate what private speakers may say. That’s why we urge the FTC to withdraw this proposal.

You can read our full comments here.

Tori Noble

The Youth AI Privacy Act’s Privacy Paradox

EFF update

14 hours 36 minutes ago

The Senate Commerce Committee is poised to consider the Youth AI Privacy Act, a bill that would require AI companies to create kids-only privacy rules and implement so-called “safe design features,” which would—like three other bills under consideration this week—require more data collection and make it harder for people to access lawful speech online.

While the bill is narrower than some other proposed chatbot bills, it still has massive data security implications because it protects information for only certain users. This creates a problem we’ve cited many times before: if a bill requires that online services offer protections to minor users, the services will respond by imposing age gates to know which users should receive them. A better approach would be to offer the same privacy protections to all users. That way, we would avoid the services having to collect data on everyone to know a users’ age.

This bill also contains a problematic and vague provision that expressly allows AI companies to collect a known minor’s personal data for the purpose of testing, identifying, and addressing "harm to users”—without being clear on what exactly that means. Either way, services will need to collect even more information from young people, who are already targets of data theft and identity fraud. The Youth AI Privacy Act will give young people less privacy, not more.

The Youth AI Privacy Act does include some positive privacy provisions around prohibiting the processing of personal information, like limiting what companies can do with people’s chat logs, including training, profiling, and disclosing them to other companies for training. But a general privacy bill must set these limits for everyone, not just minors.

Mandating Design is Regulating Speech

The bill also requires the use of “safe design features,” which would restrict how online services providers design their systems and would deny teenagers the ability to use features like push alerts and notifications.

We have seen this same type of restriction, sometimes called “age appropriate design code” in several states, including in California, Texas, and Arkansas. Unfortunately, these restrictions run into constitutional problems. In fact, federal courts have largely blocked these laws from going into effect because they likely violate the First Amendment rights of all internet users and the online services they regulate. Specifically, these laws interfere with internet users’ First Amendment rights to either speak or access speech online, and they also violate the rights on online services to decide how they will present information on their sites.

Similarly, the Supreme Court has repeatedly ruled that “minors are entitled to a significant measure of First Amendment protection.” This does not mean that parents or guardians can’t set their own rules for their families—they can and they should, based on the needs and circumstances of the individual teenagers. But it does mean that Congress cannot adopt a “one size fits all” regulation that sets a restrictive government default that affects the First Amendment rights of all internet users, including teenagers.

Maddie Daly