Controversial KOSA Bill Passes the Senate With Bipartisan Support

Controversial KOSA Bill Passes the Senate With Bipartisan Support

WASHINGTON — The U.S. Senate passed the controversial Kids Online Safety Act (KOSA) on Tuesday on a bipartisan 91-3 vote.

Senators Ron Wyden (D-Ore.), Rand Paul (R-Ky.) and Mike Lee (R-Utah) voted against the bill. Wyden, the author of Section 230, and Lee are the only two senators with in-depth technical knowledge of internet issues. Both have warned in the past about KOSA’s overreach in regulating online content and disastrous potential for being used to police speech.

This is the first time since 1998 that the U.S. Congress has made a serious attempt to regulate online content based on its conception of “child safety,” and the first significant federal legislation impacting online content since the 2018 carve-out of Section 230 under FOSTA-SESTA in the name of “fighting human trafficking.”

As XBIZ reported, Sen. Marsha Blackburn (R-Tennessee) and Sen. Richard Blumenthal (D-Connecticut) have been marketing KOSA as a bipartisan effort, selling it to their colleagues as a “protect the children” measure.

In February, Blackburn and Blumenthal released a new version of the bill, which they claimed addressed privacy and censorship issues flagged by opponents. However, both progressive and conservative critics have warned that the revised version still presents insurmountable problems.

Industry attorney and free-speech specialist Lawrence Walters, of Walters Law Group, explained that KOSA “would give the government new powers to interfere with the First Amendment rights of online platforms generally, threatens anonymous speech and incentivizes adoption of age verification for all users.”

The bill would also “burden access to adult materials by adults and is constitutionally suspect,” he told XBIZ, and urged anyone who cares about online freedom to voice opposition to the bill.

Digital rights organization Electronic Frontier Foundation argued in a statement Tuesday that KOSA “will let the federal and state governments investigate and sue websites that they claim cause kids mental distress. It’s a terrible idea to let politicians and bureaucrats decide what people should read and view online.”

EFF’s forecast about the chilling effect of KOSA, including for first-amendment-protected adult content, is shared by a large number of free speech organizations including the ACLU and FSC.

KOSA, EFF cautioned, “will lead to people who make online content about sex education, and LGBTQ+ identity and health, being persecuted and shut down as well. Views on how, or if, these subjects should be broached vary widely across U.S. communities. All it will take is one member of the Federal Trade Commission seeking to score political points, or a state attorney general seeking to ensure re-election, to start going after the online speech his or her constituents don’t like.”

These speech burdens will affect legal content made and consumed by adults, EFF added.

“Adults simply won’t find the content that was mass-deleted in the name of avoiding KOSA-inspired lawsuits; and we’ll all be burdened by websites and apps that install ID checks, age gates, and invasive (and poorly functioning) software content filters.”

KOSA now heads to the House.

The 'Duty of Care' Issue

Industry attorney Corey Silverstein told XBIZ he is not surprised that KOSA passed the Senate so overwhelmingly.

"I give massive credit to Senators Wyden, Paul and Lee for voting against it, seeing past the rhetoric and viewing this legislation for what it is — a trampling of the First Amendment, Section 230 and individual privacy rights online," he said.

Silverstein explained that under KOSA, companies’ obligations to mitigate potential harms to children, known as a “duty of care,” will make it necessary for social media platforms to collect even more user data than they currently do.

“It’s mind boggling to me how the same Senate that has been so vocal about large social media platforms' data collection practices and privacy concerns would now vote to actually require the very same companies to collect even more sensitive data,” he said. “I sympathize with all victims of any type of bullying or abuse online and share in the belief that children need to be protected, but KOSA and the trampling of the U.S. Constitution is not the way to do it.”

Silverstein advised industry stakeholders to remain hopeful that KOSA will not make it to a floor vote in the House, due to the ongoing debating and infighting between lawmakers.

“President Biden has already indicated that he would sign KOSA into law, so it’s imperative for individuals to be contacting their local representatives and stress their reservations against it,” he added.

Main Image: KOSA sponsors Sen. Marsha Blackburn (R-Tennessee) and Sen. Richard Blumenthal (D-Connecticut)

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Cherry Kiss, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2024

AEBN has revealed its most popular performers in gay and straight theaters for the fourth quarter of 2024.

A Golden Night in Hollywood: 2025 XMAs Shine on Adult Entertainment's Best

To paraphrase the unofficial U.S. Postal Service motto: Neither rain nor cold nor the chaos of natural disasters can stop members of the adult entertainment community from the completion of their appointed duty every January: to honor the artistic and commercial achievements of their peers.

What Changes in DC Could Mean for the Adult Industry

On November 5, 2024, American voters were called to the polls. The results of that election revealed an unquestionably uncomfortable truth for everyone, regardless of party or ideology: the “united” part of United States does not appear to be holding strong.

Byborg Acquires Gamma Entertainment

Luxembourg-based Byborg Enterprises SA has acquired 100% of Canadian adult conglomerate Gamma Entertainment.

Adult Creative Debuts 'Pornful' Website Management Platform

Web design and marketing firm Adult Creative has launched its new Pornful website management platform.

2025 XMA Winners Announced

Winners of the 2025 XMAs were revealed Sunday night during a ceremony hosted by Vanna Bardot and Ryan Reid at the world-famous Hollywood Palladium.

X3 Expo Day 2 Looks at the Industry's Past, and Ahead to Its Future

A gorgeous day in LA saw a massive procession making its way along Sunset Blvd., as hundreds of excited fans headed to the historic Hollywood Palladium for a rendezvous with the galaxy of A-list adult stars awaiting them on Day 2 of the 2025 X3 Expo.

X3 Expo Pops Off With All-Star Lineup

A wave of excited fans cascaded down Sunset Blvd., cresting and breaking with anticipation as they flowed into the historic Hollywood Palladium, where the A-list echelon of the adult world stood ready to greet them, pose with them, chat them up, and showcase the latest in spicy entertainment, as the 2025 X3 Expo popped off.

XBIZ Honors Uplifts Spirits Amid Challenging Times for LA and the Adult Industry

"A bunch of misfit toys." That’s how MojoHost founder Brad Mitchell described himself and his industry peers at the 2025 XBIZ Honors ceremony at Hollywood’s Kimpton Everly Hotel. Everyone cheered in agreement. Frankly, they wouldn’t have it any other way.

Kansas Sues Adult Website Operator Under AV Law

Kansas Attorney General Kris Kobach has filed suit against SARJ LLC, alleging that the company’s adult websites have failed to implement age verification as mandated by state law.

Show More