What New Amendment to the Kids Online Safety Act May Mean for Integrated Data Systems
September 2023
Katherine Kalpos, Morgan Sexton, and Amelia Vance
CC BY-NC 4.0
A new amendment to the Kids Online Safety Act (KOSA) isn’t just about kids.
Let’s dig into what the amendment entails.
Potential application to IDSs.
The amendment is intended to apply to social media platforms (like TikTok) and large-scale internet platforms (like Google) that use algorithms to curate user content. However, the broad definition of covered internet platforms (see Sec. 2 (a)(5)) could be interpreted to encompass most websites - including public facing government websites that rely on IDS information.*
This means that websites open to the general public, including state-operated data dashboards and benefits websites that rely on individual-level IDS data to provide personalized recommendations to users, may be subject to the amendment's requirements.
*Websites that rely on IDS data to personalize content can be excluded from the definition of covered internet platform if they are “wholly owned, controlled, and operated by a person” who meets certain criteria or “operated for the sole purpose of conducting research that is not made for profit either directly or indirectly.”
How this might play out in the IDS context.
This introduces a new compliance obligation for public-facing websites relying on IDS data to offer personalization–they now have to develop and maintain an alternate version of the website using only transparent algorithms. Aside from the administrative burden, this requirement potentially hampers the state’s ability to provide the most relevant benefits information to users who opt out of opaque algorithms, making it harder for them to access information about the specific benefits they qualify for.
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