Submitted by Aerys Pozo
Nevada is home to a thriving LGBTQ+ business community, contributing millions to our state economy each year. These storefronts are a testament to Nevada’s commitment to welcoming and providing economic opportunity for all. And for many of them, their success is dependent on their ability to reach and connect with customers, often through digital channels like social media.
Yet, as Congress considers the Kids Online Safety Act (KOSA), they threaten to pass legislation that could undermine these businesses and reduce the amount of potentially lifesaving resources online.
As a member of the Nevada Gay and Lesbian Chamber of Commerce, I have seen firsthand the impact that digital platforms have on LGBTQ+ small business owners. Mom-and-pop shops with limited local audiences often rely on online tools to reach their customers, share resources, and build supportive networks online.
KOSA, if enacted in its current form, could disrupt this.
KOSA’s vague “duty of care” provision would require social platforms to regulate content that could be harmful. On its face, that seems reasonable. But the ambiguous language would empower state attorneys general and the Federal Trade Commission (FTC) to subjectively decide what content would be suppressed under this provision. In the current political climate, where there has been a coordinated push against the LGBTQ+ community across the country, this provision would become a tool to be weaponized against vulnerable LGBTQ+ communities across the country.
The consequences of these changes would be far-reaching. KOSA’s loose regulatory framework would likely force social platforms to over-moderate their content out of fear of emboldened partisan actors at the state and federal levels. Without a clear plan for how platforms can distinguish between minor and adult users, this over-moderation stands to impact all of us—a move that could leave LGBTQ+ business owners who find themselves silenced online at a significant disadvantage.
But it’s not just business owners who will suffer. KOSA’s restrictions could leave young members of the LGBTQ+ community and women seeking potentially lifesaving reproductive healthcare without the invaluable resources that can be found online.
Studies reveal that over 60% of LGBTQ+ adults joined social platforms before they turned 18 to find supportive communities online as well as resources and information. For most of them, those platforms went on to serve as vital to their understanding of their identity, which they likely would not have found otherwise.
A similar dynamic is true for women seeking reproductive healthcare, particularly those living in states with abortion bans on the books. To them, these platforms can provide lifelines to other women who have gone through the same thing, as well as pertinent resources and access to help.
KOSA could block both groups from accessing these resources. I hope lawmakers address these serious concerns instead of moving forward with faulty legislation for the sake of these individuals and the vibrant LGBTQ+ business community in and out of Nevada.
Aerys Pozo is an LGBTQ+ advocate and member of the Gay and Lesbian Chamber of Commerce of Nevada.
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