Categories: Court Info

The Evolving Legal Landscape of Internet Safety Law

Q: What is the main difference between COPPA and KOSA?

COPPA focuses on the privacy and data collection of children under 13, requiring parental consent. KOSA, and similar proposed bills, establish a broader 'duty of care' for platforms to protect minors (under 18) from specific harmful content and addictive design features.

Q: Can I be sued for posting a picture I found on Google Images?

Yes. Most images on the web are automatically protected by copyright law. You can be sued for infringement if you use a copyrighted image without a license or explicit permission, even if you credit the source. Always use royalty-free images or obtain a proper license.

Q: What are a platform's new responsibilities under comprehensive laws like the Online Safety Act?

Platforms have new legal duties to conduct risk assessments, implement systems to remove illegal content (like CSEA or terrorism), and put in safeguards to protect children from legal but harmful content (like pornography or bullying).

Meta Description: Understand the complex world of internet safety law, from child privacy acts like COPPA and KOSA to global platform accountability under the Online Safety Act. Learn about digital duties of care and how to protect yourself from cybercrime and data breaches in the constantly changing online legal landscape.

The internet has become a fundamental part of modern life, creating vast opportunities but also new and complex legal challenges. “Internet safety law” is not a single law, but a mosaic of statutes, regulations, and legislative proposals designed to protect users—especially minors—from online harm, financial fraud, and privacy violations. This guide explores the foundational acts and emerging legal duties that are shaping the digital world.

The Foundational Pillars: Protecting Digital Privacy

One of the earliest and most critical areas of digital regulation focused on the most vulnerable users: children. The legal framework establishes a clear line of responsibility for companies that interact with minors online.

Children’s Online Privacy Protection Act (COPPA)

The Children’s Online Privacy Protection Act (COPPA), enacted in 1998, remains a cornerstone of U.S. internet safety law. It is specifically designed to protect children under the age of 13 when they are online.

Verifiable Parental Consent: COPPA requires commercial websites and online services directed at children under 13 to obtain verifiable parental consent before collecting, using, or disclosing the child’s personal information.
Information Limits: The law prohibits sites from requiring a child to provide more personal information than is absolutely necessary to participate in an activity, like a game or contest.
Personal Information Definition: The scope of “personal information” is broad, including names, addresses, phone numbers, screen names, persistent identifiers (like cookies), photos, videos, and geolocation data.

💡 Legal Expert Tip: As an adult, always review a site’s privacy policy, especially if your child is using it. You have the right to review and request the deletion of any personal information collected from your child under COPPA.

The Emergence of a “Duty of Care”

In response to growing concerns over social media’s impact on teen mental health, new legislation is introducing a legal concept known as a “duty of care” for online platforms.

Legislation like the Kids Online Safety Act (KOSA), which has seen bipartisan support in the U.S. Senate, aims to mandate that platforms prioritize the well-being of users under 18 by default. Similarly, some state laws, such as the Securing Children Online Through Parental Empowerment (SCOPE) Act, require digital service providers to protect minors (under 18) from harmful content and data collection practices.

⚠️ Caution: Understanding Harmful Content
The duty of care aims to mitigate specific dangers, including the promotion of suicide, eating disorders, substance abuse, and sexual exploitation. Platforms may be required to apply filtering technology to monitor and block harmful material.

Global Accountability: The Online Safety Act (OSA)

Beyond privacy, many jurisdictions are creating sweeping laws to tackle illegal and harmful content directly. The Online Safety Act (OSA) in the UK serves as a prominent example, imposing extensive duties on social media companies and search services.

The OSA requires platforms to:

Take robust action against content that is illegal under existing law (e.g., terrorism, child sexual exploitation and abuse (CSEA), fraud, hate speech).
Implement systems and processes to reduce the risk of their services being used for illegal activity.
For services accessed by children, take steps to protect them from harmful content, even if it is not illegal, such as pornography or content encouraging self-harm.
Enforce age limits consistently and provide age-appropriate experiences.

Key Internet Safety Legislation Comparison
Legislation	Jurisdiction	Primary Focus
COPPA	U.S. Federal	Privacy and data collection for children under 13.
KOSA (Proposed)	U.S. Federal	Duty of care to protect minors (under 18) from specific harms and addictive features.
OSA	UK	Illegal content removal, reducing system risks, and protecting all users, especially children.

Cybercrime and Legal Redress

The internet’s legal environment also encompasses laws against traditional crimes facilitated by digital means, known as cybercrime. This includes everything from data theft to harassment.

Data Protection and Fraud

Identity theft and financial fraud remain significant online threats. U.S. federal laws like the Computer Fraud & Abuse Act (CFAA) make unlawful certain computer-related activities, such as unauthorized access to obtain information or to defraud. Additionally, the CAN-SPAM Act regulates unsolicited commercial email, prohibiting misleading headers and deceptive subject lines.

⚖️ Case Spotlight: Online Harassment

A recent, anonymized situation involved an individual who was a victim of a coordinated online harassment campaign. The perpetrators used multiple fake accounts across different platforms to post defamatory content and intimate image abuse. Legal intervention involved invoking both state laws against cyberbullying and federal statutes, ultimately leading to a civil injunction and a successful action for online defamation against the responsible parties. This highlights the blended nature of internet law, often requiring a combination of criminal and civil legal tools.

Intellectual Property and Digital Rights

Another area of legal vulnerability online is intellectual property. Copyright infringement, where unauthorized use of copyrighted images, text, or music occurs, can result in both civil and criminal liability. Practices like “typosquatting” (registering a typo of a popular domain name to divert traffic) and “cybersquatting” (registering a trademarked name in bad faith) are also legal issues addressed under trademark and unfair competition laws.

Summary: Navigating the Digital Legal Maze

Internet safety law demands vigilance from users and significant accountability from platform operators. As technology evolves—with new threats from AI-generated content, for example—the legal landscape will continue to adapt to secure the digital space.

Key Takeaways for Online Safety

Children’s Privacy is Legislated: Laws like COPPA require online services to obtain parental consent before collecting data from children under 13.
Platforms Have a “Duty of Care”: Emerging legislation mandates that major online platforms implement safeguards to prevent harm to minors, including protecting them from addictive features and content promoting self-harm.
Global Laws Demand Accountability: Acts such as the UK’s Online Safety Act put legal responsibilities on tech companies to actively remove illegal content and mitigate system risks.
Protect Your Data: Federal acts like the CFAA and state-level data breach notification laws provide recourse against identity theft and unauthorized computer access.

Your Digital Rights at a Glance

The core principle across internet safety law is the right to a secure digital experience. Whether it’s the right for your child’s data to be protected, or your right not to be subjected to illegal, harmful, or defamatory content, the legal framework is shifting the burden of safety onto the platforms themselves. Consult a Legal Expert if you believe your digital rights have been violated.

Frequently Asked Questions (FAQ)

Q1: What is the main difference between COPPA and KOSA?

A: COPPA focuses on the privacy and data collection of children under 13, requiring parental consent. KOSA, and similar proposed bills, establish a broader “duty of care” for platforms to protect minors (under 18) from specific harmful content and addictive design features.

Q2: Can I be sued for posting a picture I found on Google Images?

A: Yes. Most images on the web are automatically protected by copyright law. You can be sued for infringement if you use a copyrighted image without a license or explicit permission, even if you credit the source. Always use royalty-free images or obtain a proper license.

Q3: What are a platform’s new responsibilities under comprehensive laws like the Online Safety Act?

A: Platforms have new legal duties to conduct risk assessments, implement systems to remove illegal content (like CSEA or terrorism), and put in safeguards to protect children from legal but harmful content (like pornography or bullying).

Q4: How does internet law address cybercrime like phishing?

A: Phishing schemes, which trick users into giving up sensitive information, can violate several federal statutes, including the Computer Fraud & Abuse Act (CFAA) and wire fraud laws. Reporting the incident to the FBI’s Internet Crime Complaint Center (IC3) is essential for investigation.

Q5: Does my geographic location matter for internet safety law?

A: Yes. While many laws (like COPPA) have a global reach for services that target their citizens, major laws are jurisdiction-specific (e.g., the Online Safety Act is UK law). Furthermore, U.S. state laws are rapidly adding additional online safety and privacy protections beyond the federal baseline.

Disclaimer

This post is generated by an AI assistant and is for informational purposes only. It does not constitute legal advice. While efforts have been made to ensure accuracy and cite up-to-date legal concepts, you must consult a qualified Legal Expert for advice regarding your specific situation and jurisdiction. The content herein is not a substitute for professional legal consultation.

Stay informed and stay safe online. The law is your tool for a more secure digital future.

Children’s Online Privacy Protection Act, COPPA, Kids Online Safety Act, KOSA, Online Safety Act, data privacy laws, cyberbullying, identity theft, online defamation, digital law, duty of care, internet crime

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