Comparing Requirements for Schools Under E-Rate & KOSMA
The Kids Off Social Media Act (KOSMA), introduced on May 1st, is a bipartisan bill that combines Senator Schatz’s Protecting Kids on Social Media Act and Senator Cruz’s Eyes on the Board Act. According to the press release, KOSMA aims to:
- “Prohibit children under the age of 13 from creating or maintaining social media accounts, consistent with the current stated policies of major social media companies;
- Prohibit social media companies from pushing targeted content using algorithms to users under the age of 17;
- Provide the FTC and state attorneys general authority to enforce the provisions of the bill; and
- Follow existing Children’s Internet Protection Act (CIPA) framework to require schools to block and filter social media on federally funded networks and devices.”
As we are researching the bill, we are looking into what Title II of KOSMA (which incorporates the Eyes on the Board Act of 2024) could mean for schools. In particular, the following FAQ on Senator Schatz’s KOSMA webpage caught our attention:
“How does this bill block social media on school networks?
The bill tracks existing requirements in the Children’s Internet Protection Act (CIPA) that requires schools to block or filter internet access to obscene content on school networks and takes the same approach to require schools to block or filter internet access to social media platforms.”
To help identify the alignment between KOSMA and CIPA's existing requirements, we made a table comparing their requirements for schools. While we are still analyzing the potential impacts of KOSMA’s requirements for schools that receive E-Rate funding, we wanted to share our comparison table to assist others in tracking potential changes in legislative language.
| Title II of KOSMA (Eyes on the Board Act)* | Current CIPA Statute | Current CIPA Regs | |
|---|---|---|---|
| Definition of ‘Technology Protection Measure’ | (C) TECHNOLOGY PROTECTION MEASURE.—The term ‘technology protection measure’ means a specific technology that blocks or filters access to a social media platform. |
(I) Technology protection measure The term "technology protection measure" means a specific technology that blocks or filters Internet access to the material covered by a certification under paragraph (5) or (6) to which such certification relates. |
47 CFR 54.520(a)(4)(vi) (vi) The term “technology protection measure” means a specific technology that blocks or filters Internet access to the material covered by a certification under paragraph (c) of this section. |
| Technology Protection Measures Must Prevent Access to |
(B) SOCIAL MEDIA PLATFORM.—The term ‘social media platform’— (i) means any website, online service, online application, or mobile application that— (I) serves the public; and (II) primarily provides a forum for users to communicate user-generated content, including messages, videos, images, games, and audio files, to other online users; and (ii) does not include— (I) an internet service provider; (II) electronic mail; (III) an online service, application, or website— (aa) that consists primarily of content that is not user-generated, but is preselected by the provider; and (bb) for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of content described in item (aa); (IV) an online service, application, or website— (aa) that is non-commercial and primarily designed for educational purposes; and (bb) the revenue of which is not primarily derived from advertising or the sale of personal data; (V) a wireless messaging service, including such a service provided through a short messaging service or multimedia service protocols— (aa) that is not a component of, or linked to, a website, online service, online application, or mobile application described in clause (i); and (bb) the predominant or exclusive function of which is direct messaging consisting of the transmission of text, photos, or videos that— (AA) are sent by electronic means from the sender to a recipient; and (BB) are not posted publicly or on a website, online service, online application, or mobile application described in clause (i); (VI) a teleconferencing or video conferencing service that allows for the reception and transmission of audio or video signals for real-time communication that is initiated by using a unique link or identifier to facilitate access; (VII) a product or service that primarily functions as business-to-business software or a cloud storage, file sharing, or file collaboration service; or (VIII) an organization that is not organized to carry on business for the profit of the organization or of the members of the organization. |
For minors=§254(h)(5)(B)(i) …visual depictions that are- (I) obscene; (II) child pornography; or (III) harmful to minors; For adults=§254(h)(5)(C)(i) …visual depictions that are- (I) obscene; or (II) child pornography; |
47 CFR 54.520(c)(1)(i) (i) The Internet safety policy adopted and enforced pursuant to 47 U.S.C. 254(h) must include a technology protection measure that protects against Internet access by both adults and minors to visual depictions that are obscene, child pornography, or, with respect to use of the computers by minors, harmful to minors. … |
| When Schools Must Enforce Operation of Technology Protection Measures |
(2) REQUIREMENTS WITH RESPECT TO SOCIAL MEDIA PLATFORMS.—... (B) CERTIFICATION WITH RESPECT TO STUDENTS AND SOCIAL MEDIA.— (i) IN GENERAL.–A certification under this subparagraph is a certification that the applicable school, school board, local educational agency, or other authority with responsibility for administration of the school— (I) is enforcing a policy of preventing students of the school from accessing social media platforms on any supported service, device, or network that includes— (aa) monitoring the online activities of any such service, device, or network to determine if those students are accessing social media platforms; and (bb) the operation of a technology protection measure with respect to those services, devices, and networks that protects against access by those students to a social media platform; and (II) is enforcing the operation of the technology protection measure described in clause (I) during any use of supported services, devices, or networks by students of the school. |
§254(h)(5)(B) (B) Certification with respect to minors A certification under this subparagraph is a certification that the school, school board, local educational agency, or other authority with responsibility for administration of the school- (i) is enforcing a policy of Internet safety for minors that includes monitoring the online activities of minors and the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are- (I) obscene; (II) child pornography; or (III) harmful to minors; (ii) is enforcing the operation of such technology protection measure during any use of such computers by minors; and |
47 CFR 54.520(c)(1)(i) (i) … The school must enforce the operation of the technology protection measure during use of its computers with Internet access, although … |
| Exceptions for Adults to Disable Technology Protection Measures During Adult Use | [no provision like this] |
§254(h)(5)(D) (D) Disabling during adult use An administrator, supervisor, or other person authorized by the certifying authority under subparagraph (A)(i) may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose. |
47 CFR 54.520(c)(1)(i) (i) …The school must enforce the operation of the technology protection measure during use of its computers with Internet access, although an administrator, supervisor, or other person authorized by the certifying authority under paragraph (a)(1) of this section may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose. … |
| Monitoring |
(2) REQUIREMENTS WITH RESPECT TO SOCIAL MEDIA PLATFORMS.—... (B) CERTIFICATION WITH RESPECT TO STUDENTS AND SOCIAL MEDIA.— (i) IN GENERAL.–A certification under this subparagraph is a certification that the applicable school, school board, local educational agency, or other authority with responsibility for administration of the school— (I) is enforcing a policy of preventing students of the school from accessing social media platforms on any supported service, device, or network that includes— (aa) monitoring the online activities of any such service, device, or network to determine if those students are accessing social media platforms; and (bb) the operation of a technology protection measure with respect to those services, devices, and networks that protects against access by those students to a social media platform; and (II) is enforcing the operation of the technology protection measure described in clause (I) during any use of supported services, devices, or networks by students of the school. |
§254(h)(5)(B)(i) (B) Certification with respect to minors A certification under this subparagraph is a certification that the school, school board, local educational agency, or other authority with responsibility for administration of the school- (i) is enforcing a policy of Internet safety for minors that includes monitoring the online activities of minors and the operation of a technology protection measure ... (C) Certification with respect to adults A certification under this paragraph is a certification that the school, school board, local educational agency, or other authority with responsibility for administration of the school- (i) is enforcing a policy of Internet safety that includes the operation of a technology protection measure … |
47 CFR 54.520(c)(1)(i) (i) …This Internet safety policy must also include monitoring the online activities of minors. … |
| Required Online Safety Education |
[no provision like this, the closest is:] (ii) RULE OF CONSTRUCTION.— Nothing in clause (i) may be construed to prohibit— (I) district-sanctioned or school-sanctioned learning management systems and school information systems used for purposes of schools conveying content related to the education of students; or (II) a teacher from using a social media platform in the classroom for educational purposes. |
§254(h)(5)(B)(3) (B) Certification with respect to minors A certification under this subparagraph is a certification that the school, school board, local educational agency, or other authority with responsibility for administration of the school-... (iii) as part of its Internet safety policy is educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response. |
47 CFR 54.520(c)(1)(i) (i) …Beginning July 1, 2012, schools' Internet safety policies must provide for educating minors about appropriate online behavior, including interacting with other individuals on social networking Web sites and in chat rooms and cyberbullying awareness and response. |
| Respect for Local Control of Education | [no provision like this] |
§254(l)(2) (2) Local determination of content A determination regarding what matter is inappropriate for minors shall be made by the school board, local educational agency, library, or other authority responsible for making the determination. No agency or instrumentality of the United States Government may- (A) establish criteria for making such determination; (B) review the determination made by the certifying school, school board, local educational agency, library, or other authority; or (C) consider the criteria employed by the certifying school, school board, local educational agency, library, or other authority in the administration of subsection (h)(1)(B). |
47 CFR 54.520(c)(4) (4) Local determination of content. A determination regarding matter inappropriate for minors shall be made by the school board, local educational agency, library, or other authority responsible for making the determination. No agency or instrumentality of the United States Government may establish criteria for making such determination; review the determination made by the certifying school, school board, school district, local educational agency, library, or other authority; or consider the criteria employed by the certifying school, school board, school district, local educational agency, library, or other authority in the administration of the schools and libraries universal service support mechanism. |
*Legislative text not yet available on Congress.gov. Using bill text the Senate Commerce, Science, and Transportation Committee linked to in a recent press release: Sens. Cruz, Schatz Lead Colleagues With New Bill To Keep Kids Safe, Healthy, and * * * Off * * * Social Media (May 1st, 2024).
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