This will effectively create a new mass surveillance system. Whatever you may think about the state of privacy protections in the U.S., your current online usage is not necessarily linked to your specific identity. If this bill passes, that will likely change.
The fact that lawmakers are even contemplating a bill that would create a surveillance and censorship regime should be a wake-up call for everyone who values privacy and free expression.
This is a privacy pitfall, not just some benign form of digital “carding.” If the bill passes, the bouncer at the door will now be an online entity that will electronically capture your personal information and save it to a database for an unspecified amount of time. Providing this identifying information would be the price that any user must pay to access legal, First Amendment-protected content on the internet or to communicate with others online.
On top of that, once you turn your personal information over, it’s now vulnerable to leaks, data theft, or misuse. This isn’t just a hypothetical: We’ve already seen several breaches of age verification providers.
The KIDS Act contains multiple sections that will lead to age-gating. For example, a provision in the SAFE BOTS Act section mandates that if a service “knows or should have known” that a user is underage, it can’t offer certain chatbot features. The SCREEN Act section requires hosts of sexually explicit content to figure out if users are “more likely than not” underage before
letting them access certain content.