Standing Up for Privacy & Free Expression Online
August 4, 2026
Dear Majority Leader Thune, Minority Leader Schumer, Chair Cruz, and Ranking Member Cantwell:
The Woodhull Freedom Foundation is an organization dedicated to defending sexual freedom as a fundamental human right. In carrying out our work, we strongly advocate for free speech and privacy protections, and it is in this capacity that we write to express our opposition to S1748 the Kids Online Safety Act (KOSA) and S737 Shielding Children’s Retinas from Egregious Exposure on the Net Act (SCREEN Act). Because we share the intended goals of this legislation–to keep children safe online–we must express our deep concerns that KOSA and the SCREEN Act will not serve this purpose, but it will present a grave threat to freedom of expression and the privacy of Americans.
Since KOSA was originally introduced, Woodhull has sounded the alarm that, although the goal may be admirable, the approach will not keep youth safe online and will only cause harm. We have repeatedly raised these concerns in letters to Congress detailing KOSA’s threats to civil liberties, digital rights, and LGBTQ+ rights. We urge lawmakers to accept the fundamental flaws of KOSA because of its potential to be used as a tool for mass censorship of constitutionally protected speech online.
In our responses to earlier versions of KOSA, Woodhull highlighted how the bill’s broad language has the potential to censor information that young people need access to, including sexual and reproductive health education materials. This is due to the “duty of care” requirements, in which online platforms must prevent or mitigate “harms to minors”; the current Senate version of KOSA continues to define such harms far too broadly. The result will be social media platforms blocking or filtering entirely legal content to avoid running afoul of the vague language still contained in KOSA.
We are also deeply concerned about the ongoing privacy risks inherent in even this most recent version of KOSA. In addition to removing First Amendment-protected speech, online platforms are also likely to respond to KOSA by imposing age verification requirements. While KOSA raises concerns that online platforms will impose these requirements, the SCREEN Act explicitly requires websites and platforms to implement age verification measures. These requirements not only create unconstitutional barriers to access information online but also open up all internet users to unacceptable risks to their privacy and security.
At Woodhull, we have been outspoken about the risks of this approach to online safety. Proponents of age verification have offered many reasons to justify this violation of the law, and Woodhull addresses some of those lies in our Fact Checked by Woodhull series. We debunk the myth that age verification is easy and seamless and that it is a secure process. We also address the truth that age verification for websites is not the most effective way to ensure child safety online and explain why age verification laws contradict the First Amendment.
Children’s safety online does not require compromising free-speech rights and privacy protections. We ask you and your colleagues to recognize this truth and oppose KOSA and the SCREEN Act.
Your consideration of these matters is very much appreciated.