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KOSA’s Online Censorship Threatens Abortion Access
For those living in one of the 22 states where abortion is banned or heavily restricted, the internet can be a lifeline. It has essential information on where and how to access care, links to abortion funds, and guidance on ways to navigate potential legal risks. Activists use the internet to organize and build community, and reproductive healthcare organizations rely on it to provide valuable information and connect with people in need.
But both Republicans and Democrats in Congress are now actively pushing for federal legislation that could cut youth off from these vital healthcare resources and stifle online abortion information for adults and kids alike.
This summer, the U.S. Senate passed the Kids Online Safety Act (KOSA), a bill that would grant the federal government and state attorneys general the power to restrict online speech they find objectionable in a misguided and ineffective attempt to protect kids online. A number of organizations have already sounded the alarm on KOSA’s danger to online LGBTQ+ content, but the hazards of the bill don’t stop there.
KOSA puts abortion seekers at risk. It could easily lead to censorship of vital and potentially life-saving information about sexual and reproductive healthcare. And by age-gating the internet, it could result in websites requiring users to submit identification, undermining the ability to remain anonymous while searching for abortion information online.
TELL CONGRESS: OPPOSE THE KIDS ONLINE SAFETY ACT
Abortion Information CensoredAs EFF has repeatedly warned, KOSA will stifle online speech. It gives government officials the dangerous and unconstitutional power to decide what types of content can be shared and read online. Under one of its key censorship provisions, KOSA would create what the bill calls a “duty of care.” This provision would require websites, apps, and online platforms to comply with a vague and overbroad mandate to prevent and mitigate “harm to minors” in all their “design features.”
KOSA contains a long list of harms that websites have a duty to protect against, including emotional disturbance, acts that lead to bodily harm, and online harassment, among others. The list of harms is open for interpretation. And many of the harms are so subjective that government officials could claim any number of issues fit the bill.
This opens the door for political weaponization of KOSA—including by anti-abortion officials. KOSA is ambiguous enough to allow officials to easily argue that its mandate includes sexual and reproductive healthcare information. They could, for example, claim that abortion information causes emotional disturbance or death, or could lead to “sexual exploitation and abuse.” This is especially concerning given the anti-abortion movement’s long history of justifying abortion restrictions by claiming that abortions cause mental health issues, including depression and self-harm (despite credible research to the contrary).
As a result, websites could be forced to filter and block such content for minors, despite the fact that minors can get pregnant and are part of the demographic most likely to get their news and information from social media platforms. By blocking this information, KOSA could cut off young people’s access to potentially life-saving sexual and reproductive health resources. So much for protecting kids.
KOSA’s expansive and vague censorship requirements will also affect adults. To avoid liability and the cost and hassle of litigation, websites and platforms are likely to over-censor potentially covered content, even if that content is otherwise legal. This could lead to the removal of important reproductive health information for all internet users, adults included.
A Tool For Anti-Choice OfficialsIt’s important to remember that KOSA’s “duty of care” provision would be defined and enforced by the presidential administration in charge, including any future administration that is hostile to reproductive rights. The bill grants the Federal Trade Commission, majority-controlled by the President’s party, the power to develop guidelines and to investigate or sue any websites or platforms that don’t comply. It also grants the Executive Branch the power to form a Kids Online Safety Council to further identify “emerging or current risks of harms to minors associated with online platforms.”
Meanwhile, KOSA gives state attorneys general, including those in abortion-restrictive states, the power to sue under its other provisions, many of which intersect with the “duty of care.” As EFF has argued, this gives state officials a back door to target and censor content they don’t like, including abortion information.
It’s also directly foreseeable that anti-abortion officials would use KOSA in this way. One of the bill’s co-sponsors, Senator Marsha Blackburn (R-TN), has touted KOSA as a way to censor online content on social issues, claiming that children are being “indoctrinated” online. The Heritage Foundation, a politically powerful organization that espouses anti-choice views, also has its eyes on KOSA. It has been lobbying lawmakers to pass the bill and suggesting that a future administration could fill the Kids Online Safety Council with “representatives who share pro-life values.”
This all comes at a time when efforts to censor abortion information online are at a fever pitch. In abortion-restrictive states, officials have already been eagerly attempting to erase abortion from the internet. Lawmakers in both South Carolina and Texas have introduced bills to censor online abortion information, though neither effort has yet to be successful. The National Right to Life Committee has also created a model abortion law aimed at restricting abortion rights in a variety of ways, including digital access to information.
KOSA Hurts Anonymity OnlineKOSA will also push large and important parts of the internet behind age gates. In order to determine which users are minors, online services will likely impose age verification systems, which require everyone—both adults and minors—to verify their age by providing identifying information, oftentimes including government-issued ID or other personal records.
This is deeply problematic for maintaining access to reproductive care. Age verification undermines our First Amendment right to remain anonymous online by requiring users to confirm their identity before accessing webpages and information. It would chill users who do not wish to share their identity from accessing or sharing online abortion resources, and put others’ identities at increased risk of exposure.
In a post-Roe United States, in which states are increasingly banning, restricting, and prosecuting abortions, the ability to anonymously seek and share abortion information online is more important than ever. For people living in abortion-restrictive states, searching and sharing abortion information online can put you at risk. There have been multiple instances of law enforcement agencies using digital evidence, including internet history, in abortion-related criminal cases. We’ve also seen an increase in online harassment and doxxing of healthcare professionals, even in more abortion-protective states.
Because of this, many organizations, including EFF, have tried to help people take steps to protect privacy and anonymity online. KOSA would undercut those efforts. While it’s true that our online ecosystem is already rich with private surveillance, age verification adds another layer of mass data collection. Online ID checks require adults to upload data-rich, government-issued identifying documents to either the website or a third-party verifier, creating a potentially lasting record of their visit to the website.
For abortion seekers taking steps to protect their anonymity and avoid this pervasive surveillance, this would make things all the more difficult. Using a public computer or creating anonymous profiles on social networks won’t keep you safe if you have to upload ID to access the information you need.
TELL CONGRESS: OPPOSE THE KIDS ONLINE SAFETY ACT
We Can Still Stop KOSA From PassingKOSA has not yet passed the House, so there’s still time to stop it. But the Senate vote means that the House could bring it up for a vote at any time, and the House has introduced its own similarly flawed version of KOSA. If we want to protect access to abortion information online, we must organize now to stop KOSA from passing.
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How should Europe deal with its migration crisis?
"The British and French governments are under renewed pressure after more people die trying to cross the English Channel.
The English Channel has once again become the site of tragedy, with more people dying while trying to reach the shores of the United Kingdom.
The latest incident highlights an escalating migrant crisis that is posing a challenge to both French and British authorities.
As the number of crossings surges, critics highlight the lack of cooperation between countries to address the issue.
What will it take to manage the influx of undocumented migrants?
Is targeting the criminal gangs who organise the risky journeys effective enough?
Or are governments overlooking deeper, systemic issues?"
Featuring Yasha Maccanico, Statewatch Researcher. Watch the programme here.
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Unveiling Venezuela’s Repression: Surveillance and Censorship Following July’s Presidential Election
The post was written by Laura Vidal (PhD), independent researcher in learning and digital rights.
This is part one of a series. Part two on the legacy of Venezuela’s state surveillance is here.
As thousands of Venezuelans took to the streets across the country to demand transparency in July’s election results, the ensuing repression has been described as the harshest to date, with technology playing a central role in facilitating this crackdown.
The presidential elections in Venezuela marked the beginning of a new chapter in the country’s ongoing political crisis. Since July 28th, a severe backlash against demonstrations has been undertaken by the country’s security forces, leading to 20 people killed. The results announced by the government, in which they claimed a re-election of Nicolás Maduro, have been strongly contested by political leaders within Venezuela as well as by the Organization of American States (OAS), and governments across the region.
In the days following the election, the opposition—led by candidates Edmundo González Urrutia and María Corina Machado—challenged the National Electoral Council’s (CNE) decision to award the presidency to Maduro. They called for greater transparency in the electoral process, particularly regarding the publication of the original tally sheets, which are essential for confirming or contesting the election results. At present, these original tally sheets remain unpublished.
In response to the lack of official data, the coalition supporting the opposition—known as Comando con Venezuela—presented the tally sheets obtained by opposition witnesses on the night of July 29th. These were made publicly available on an independent portal named “Presidential Results 2024,” accessible to any internet user with a Venezuelan identity card.
The government responded with repression and numerous instances of technology-supported repression and violence. The surveillance and control apparatus saw intensified use, such as increased deployment of VenApp, a surveillance application originally launched in December 2022 to report failures in public services. Promoted by President Nicolás Maduro as a means for citizens to report on their neighbors, VenApp has been integrated into the broader system of state control, encouraging citizens to report activities deemed suspicious by the state and further entrenching a culture of surveillance.
Additional reports indicated the use of drones across various regions of the country. Increased detentions and searches at airports have particularly impacted human rights defenders, journalists, and other vulnerable groups. This has been compounded by the annulment of passports and other forms of intimidation, creating an environment where many feel trapped and fearful of speaking out.
The combined effect of these tactics is the pervasive sense that it is safer not to stand out. Many NGOs have begun reducing the visibility of their members on social media, some individuals have refused interviews, have published documented human rights violations under generic names, and journalists have turned to AI-generated avatars to protect their identities. People are increasingly setting their social media profiles to private and changing their profile photos to hide their faces. Additionally, many are now sending information about what is happening in the country to their networks abroad for fear of retaliation.
These actions often lead to arbitrary detentions, with security forces publicly parading those arrested as trophies, using social media materials and tips from informants to justify their actions. The clear intent behind these tactics is to intimidate, and they have been effective in silencing many. This digital repression is often accompanied by offline tactics, such as marking the residences of opposition figures, further entrenching the climate of fear.
However, this digital aspect of repression is far from a sudden development. These recent events are the culmination of years of systematic efforts to control, surveil, and isolate the Venezuelan population—a strategy that draws from both domestic decisions and the playbook of other authoritarian regimes.
In response, civil society in Venezuela continues to resist; and in August, EFF joined more than 150 organizations and individuals in an open letter highlighting the technology-enabled political violence in Venezuela. Read more about this wider history of Venezuela’s surveillance and civil society resistance in part two of this series, available here.