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Opinion

The KIDS Act is way worse than digital carding — it is a mass surveillance system

By Priya Chen · · 2 min read

Proposed federal legislation aimed at protecting minors online could instead lay the groundwork for a sweeping surveillance and censorship apparatus that threatens the privacy of all internet users, warns India McKinney of the Electronic Frontier Foundation.

## A Bill That Goes Beyond Age Checks On its surface, the KIDS Act presents itself as a measure designed to shield children from harmful online content. But according to digital rights advocates, the mechanisms it would require reach far deeper than the "digital carding" model of simple age verification that has drawn criticism in recent years.

Rather than merely confirming whether a user is old enough to access certain material, the legislation could compel platforms to build systems that continuously monitor and evaluate user behavior. That shift, critics argue, transforms a targeted policy goal into an infrastructure of ongoing oversight.

The danger is not simply that children are being watched — it is that everyone is.

## Privacy and Free Expression at Risk McKinney contends that the very existence of such a proposal should alarm anyone who cares about civil liberties. Building tools capable of identifying and tracking users at scale, she suggests, inevitably erodes the anonymity and freedom that have long defined the open internet.

The concern extends to how these systems might be used once they exist. Surveillance infrastructure created for one stated purpose can be repurposed, expanded, or exploited, raising the specter of broad censorship that reaches well beyond content intended for minors.

Advocates point to several core objections:

  • Age-verification mandates often require collecting sensitive personal data from all users, not just minors.
  • Monitoring systems can normalize pervasive tracking as a condition of internet access.
  • Once built, such tools are difficult to contain and prone to mission creep.

## The Broader Stakes For privacy-focused communities, including those in the cryptocurrency and decentralization movements, the debate touches on foundational questions about digital autonomy and the right to speak and read without observation. The tension between protecting vulnerable users and preserving open access continues to shape policy fights across the technology landscape.

The EFF's message is that lawmakers should reconsider approaches that trade broad surveillance for narrow protections. Whether the KIDS Act advances or stalls, the underlying push toward identity-linked monitoring is likely to remain a flashpoint for years to come.

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