Letter to House Energy & Commerce Committee on KOSA
April 29, 2024
Honorable Cathy McMorris Rogers
Chair
House Energy and Commerce Committee
Honorable Frank Pallone
Ranking Member
House Energy and Commerce Committee
CC: Honorable Cathy Castor and Honorable Gus Bilirakis
Dear Chair McMorris Rodgers, Ranking Member Pallone, Member Castor and Member Bilirakis
We write to you as grieving parents who have lost children to the pernicious – and pervasive – harms of social media. Our children have died by suicide after relentless cyberbullying or sexual exploitation and extortion; they have died after trying dangerous viral challenges gone horribly wrong; and they have died taking fentanyl-laced drugs purchased on social media platforms. They are forever 12, 14, 16; forever too young. Our children were robbed from us in the most tragic way because Big Tech has been allowed for too long to prioritize their bottom line over the well-being of their customers, no matter their age or how vulnerable they are.
It must stop.
Right now, we are closer than we have ever been to holding Big Tech accountable, in large part because of your leadership and because Representatives Gus Bilirakis (FL-12) and Kathy Castor (FL-14) recently introduced HR 7891, the Kids Online Safety Act (KOSA). Every day we wait for this bill to become law, more children are harmed. That’s why we’re urging you to advance KOSA to a markup session without delay.
As you consider HR 7891, there are a few important revisions needed to make it more protective. We know firsthand that these changes are critical to keep children safe. Had KOSA been law when our children were still alive, these are among the critical measures that may well have saved their lives.
The duty of care should apply to all covered platforms. The duty of care outlined in Section 102 of HR 7891 only applies to platforms which meet the criteria of a “High Impact Online Company.” That definition only captures the largest platforms, excluding hugely popular apps and services such as BeReal, VR Chat, and YikYak. It would not include small platforms or apps, many of which do not even have trust and safety teams. It also would not include large video gaming platforms such as Fortnite and Electronic Arts’ FIFA because it only applies to platforms primarily used to access user-generated content. Our children have been harmed on platforms of all sizes, not just the largest and most popular. And our children have been harmed on video games, where cyberbullying, sexual exploitation, and sextortion are rampant. Kristin Bride lost her son, Carson, 16, to suicide after being cyberbullied on two small apps, LMK and YOLO.
The definition of “compulsive use” should be amended to capture the wide range of problematic behaviors related to overuse. Psychological science demonstrates that social media features and functions are designed to encourage addiction-like behavior in young people. These behaviors include a likelihood to forgo in-person activities and physical activity, encourage social media use during school instruction hours, and loss of sleep. Right now the definition of “compulsive usage,” which is limited to causation of mental health disorders, does not capture the full range of harms related to overuse. We urge the Committee to define “compulsive usage” as “problematic behaviors such as tolerance, withdrawal, craving, and excessive use that are reasonably likely to lead to functional impairment, such as the ability to engage in familial, social, or educational roles.” It is critical to capture these behaviors in order to incentivize platforms to mitigate some of the most concerning impacts of online harms on children and teens. It is much harder for young people to extricate themselves from platforms where they are being harmed or threatened if they feel addicted to them.
Financial harms should not be removed from the duty of care. Many social media platforms and video games cause extensive harm by encouraging compulsive in-game purchases. These financial harms are often a precursor for other, more serious mental health issues. Maurine Molak lost her son, David, 16, after he experienced online financial harms and cyberbullying, which led to his death by suicide.
The “knew or should have known” knowledge standard should apply regardless of platform size. The knowledge standard in HR 7891 creates a tiered system that limits the applicability of the bill’s safeguards, notice, and disclosure requirements for all but the largest platforms. As discussed above, many children are harmed on platforms of all sizes, including small and emerging apps. Under the current language, most platforms would not be required to provide KOSA’s safeguards or meet transparency or disclosure requirements unless they have actual knowledge that a user is a minor.
The ability to restrict the sharing of geolocation information should not be removed from the safeguards listed in Section 103. It is common knowledge that many of the harms caused by illegal drug sales online are facilitated through the sharing of geolocation information.
We did everything in our power to protect our children online, but no parent is a match for Big Tech. Families need KOSA to create meaningful safeguards for young people online. Unlike any other legislation that’s been passed before – or that is before you for consideration now – KOSA will specifically hold Big Tech responsible for the design and business decisions that cause children and families so much unnecessary pain and suffering. It is the best way to make online platforms safe places of connection and learning rather than dangerous places of harm and despair.
The time to act is now. With a bi-partisan group of 68 cosponsors in the Senate, KOSA is primed to sail through a floor vote. Please continue to lead on behalf of children and families across the country and advance HR 7891 to a markup session, make these crucial changes, and pass this bill. Children and families across the country cannot wait any longer.
Sincerely,
Maurine Molak, co-founder, ParentsSOS, and parent of David, forever age 16, on behalf of:
Amy Neville, parent of Alexander, forever age 14
Sharon Winkler, parent of Alexander, forever age 17
Avery and Lori Schott, parents of Annalee, forever age 18
Deb Schmill, parent of Becca, forever age 18
Kristin Bride, parent of Carson, forever age 16
Julianna Arnold, parent of Coco, forever age 17
Bridgette Norring, parent of Devin, forever age 19
Erin Popolo, parent of Emily, forever age 17
Judy Rogg, parent of Erik, forever age 12
Jeff Van Lith, parent of Ethan, forever age 13
Christine McComas, parent of Grace, forever age 15
Annie McGrath, parent of Griffin, forever age 13
Michelle Servi, parent of Jack, forever age 16
Joann Bogard, parent of Mason, forever age 15
Jennie DeSerio, parent of Mason, forever age 16
Todd and Mia Minor, parents of Matthew, forever age 12
Mary Rodee, parent of Riley, forever age 15
Brian Montgomery, parent of Walker, forever age 16
