Like a bad rash, the Kids Online Safety Act keeps coming back. The bill thus far has failed to become law in successive Congresses, and despite being beaten back repeatedly by reasoned arguments challenging its unconstitutionality, it reappears at irregular intervals. On Wednesday, Aug. 5, the Senate Commerce Committee will consider KOSA at a markup, alongside four other technology bills and a handful of Coast Guard nominations.
The Senate’s version of KOSA is the pure form of the bill, duty of care intact. The House of Representatives, alternatively, attempted to alter the bill to the point of unrecognizability — notably removing the duty of care, the central provision — testing whether proposed legislation can be salvaged by changing its fundamental character. This is a fraught endeavor, and it raises the question of whether it would be better simply to abandon a corrupt premise and think up a new one. A chef can so spoil the roux that no amount of artful seasoning will rescue the soup.
