For the first time in years, Big Tech legislation may be set to take a step forward in Congress. While it is an area that has faded after Democrats lost control of the House of Representatives in 2022, there have been some areas where lawmakers have come close to reaching a critical mass of support. One of the initiatives, the Kids Online Safety Act, has just met that threshold and now has a filibuster-proof number of sponsors in the Senate. This level of support could set the stage for the upper chamber to advance the bill in the coming months.
If signed into law, KOSA would impose new regulations on digital platforms, including mandating that they “exercise reasonable care” to ensure their products do not endanger children. This requirement would extend to the use of features that could increase depression, sexual exploitation, bullying, harassment, and other harms. In addition, businesses would be required to default to the most protective privacy and safety settings for younger users and provide tools for parents to monitor their kids’ behavior.
The new wave of cosponsors follows a Senate Judiciary Committee hearing earlier this month with several tech executives, which saw members of both parties criticize the companies for their shortcomings. In addition, the lead sponsors, Senators Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) made tweaks to who would be responsible for enforcement of the law, reducing the role of state attorneys general. This change and revisions to the duty of care standard caused several LGBTQ+ advocacy groups to drop their opposition and join the growing public chorus backing the bill.
While the bill has a clear path to passing the Senate, its fate in the House is less certain, with the proposal yet to build up a similar level of support. In addition, many tech lobbying groups still oppose the bill. Some tech companies, such as Snap, X, and Nintendo, have endorsed the legislation, but the largest businesses have yet to back the proposal. Meta announced changes last month that would mirror some of the bill’s requirements but has yet to voice support for the legislation. Getting the proposal through the Senate will pressure the House to act, but as long as the tech industry remains fractured, it is doubtful the bill will make it to Biden’s desk.
Still, even if the bill passes the Senate only to die in the House eventually, this bill will serve as a template for future discussions on regulating children’s privacy. The Senate-passed draft will likely be the starting point for any subsequent negotiations at the federal level, and some states looking to address the issue may adopt the framework. In addition, gaining filibuster-proof support in the Senate could make passage of KOSA under a future unified Democratic government more likely.
While progress in Congress is a bill passing one of the two chambers, regulating children’s privacy continues to advance from federal regulatory agencies and state legislatures. Most notable is the FTC’s effort to revise Children’s Online Privacy Protection Act regulations. These new rules would require platforms to turn off targeted advertising by default for children under 13 and mandate parental consent to disclose information to third parties. The rules currently prevent companies from collecting data from kids younger than 13 without parental consent. Finalizing the regulation is likely to take months and could be a measure that requires President Joe Biden to win reelection to be finished by a Democratic-led FTC.
At the state level, legislation restricting children’s use of social media has seen the most success, with several states signing bills into law, most of which are red states. A noteworthy current effort is underway in Florida, where a bill banning children under 16 from making accounts on social media platforms is making its way through the state legislature. The bill has passed the state House of Representatives. It is scheduled for a vote later today in the state Senate, where some revisions have been made to address potential legal concerns by redefining what would lead to a covered platform. Backed by the state’s large Republican majority, the bill’s passage in the state Senate seems likely. However, Florida Governor Ron DeSantis (R) has expressed some skepticism, suggesting that being signed into law may not be a sure thing.