Technology

Oops, you're absolutely right about the attribution, the quote I posted above is from an earlier letter, I had too many open at once.

Unfortunately, the provision you mention is essentially a bad-faith attempt to skirt the first amendment objections, while leveraging the imposed 'duty of care' to allow State AGs to censor with impunity. From p.6 of the more recent letter:

KOSA will enable politically motivated actors to purge the Internet of speech that they dislike under the guise of “protecting minors.” Section 11(b) permits state attorneys general to bring enforcement actions whenever they believe that a resident of their state has been adversely affected by an alleged violation of KOSA. The inevitable abuse is entirely predictable. Consider two possibilities. First, in the aftermath of the May 14, 2022 mass shooting in Buffalo, New York Attorney General Letitia James issued a report blaming social media platforms for hosting the hateful speech that radicalized the shooter and calling for increased civil liability.27 Under KOSA’s duty of care, James could file suit 28 alleging failure to mitigate or prevent “physical violence” that might affect a minor user to pressure platforms into removing any speech deemed “hateful.”

Second, some have already admitted that KOSA will be 29 used to censor LGBTQ content, especially that which relates to gender-affirming care. Armed with cherry-picked and selectively interpreted studies associating trans content with “anxiety, depression . . . and suicidal behavior,” 30 an ambitious attorney general will claim that “evidence-informed medical information” requires that platforms prohibit minors from viewing such content under KOSA’s duty of care. A state attorney general need not win a lawsuit—or even file one at all—to effectuate censorship. They need only initiate a burdensome investigation to pressure platforms to take down or restrict access to disfavored content.(31)