Technically yes but judges get annoyed if there’s absolutely no case, so they rarely do – and if they threaten when there’s no case, larger companies will look at it and say the threat’s not real.

The law’s defintion of harm is extremely broad. Charlie Jane Anders has a good discussion of this in The Internet Is About to Get a Lot Worse:

“This clause is so vaguely defined that attorneys general can absolutely claim that queer content violates it — and they don’t even need to win these lawsuits in order to prevail. They might not even need to file a lawsuit, in fact. The mere threat of an expensive, grueling legal battle will be enough to make almost every Internet platform begin to scrub anything related to queer people.”

In practice, when the AG threatens to sue and the law makes it clear that they’ll win (which KOSA currently does), companies will typically stop what they’re doing (or settle if the AG actually launches a suit)

Yep. There’s money to be made here!

Great point. Mike Masnick has said that he wouldn’t be surprised if Meta also comes out in support, for similar reasons.

Totally agreed that it opens things up to censorship in general and doesn’t actually make kids safer. Charlie Jane Anders’ The Internet Is About to Get A Lot Worse sets it in the context of book banning. The LGBTQ part is in the headlines because one big focus of the advocacy against it is highlighting that Democrats who claim to be pro-LGBTQ should not be backing this bill. This has been effective enough that Senators Cantwell and Markey both mentioned it in the committee markup, although it’s certainly far from the only problem with the bill.

Sec. 11 (b): Enforcement By State Attorneys General covers this. It’s hard to find – the bill text starts out with all the text removed from the previous amendment, and if you click on the “enforcement” link in the new table of context it takes you to the old struck-out text. It’s almost like they want to make it as hard as possible for people to figure out what’s going on!

They get to position themselves as looking out for the children.

Yes, exactly. For Senators who support LGBTQ+ rights and reproductice rights (or at least say that they do), focusing on the threat anti-trans AGs can be very effective; In Washington state, we put enough pressure on Cantwell last fall about the LGBTQ+ issues that she mentioned it in the hearing (as did Markey). 5calls and EFF’s scripts and emails are written to appeal to legislators from both parties (so just talk about the harms to kids and threats from state AGs in general terms), which makes sense for a one-size-fits-all form, but customizing it to your Senators’ priorities can make a lot of sense.

Agreed. At the Senate Commerce Committee hearing, both Cantwell and Markey said they had heard from a lot of consituents about the bill’s problems, especially for LGBTQ+ people, and that there’s work to do before going forward … so at least the pushback is getting noticed.

That’s true, and legislation that passes in the US also influences legislation elsewhere. However quite a few people from outside the US have repeatedly asked for discussions of this and other legislation to include something in the title that indicates that it relates to US legislation, so I went with US-specific on this post.