The KOSA Child Online Safety Measure: Can It Survive the Challenges of the Legislature? Sen. Ron Wyden and Rep. Blumenthal
There are some potential hurdles the bill could face in beating the clock. Lawmakers in the Senate could make amendments that slow down the progress of the body. At the press conference, Blumenthal was asked if the sponsors were hoping that other senators wouldn’t try to attach their own child online safety legislation to the measure, “my hope is that we will have no amendments.” Schumer sought unanimous consent to pass the bill, which would have expedited the process. The bill has concerns about impact on LGBTQ+ content and that is why Sen. Ron Wyden would oppose that route.
KOSA would impose a duty of care on online platforms to take reasonable steps to mitigate certain harms to minors, require the option for parental controls for minors’ accounts, and prevent features like autoplay. Raising the age for protection from kids under the age of 13 to 17 and banning targeted advertising would be part of COPPA 2.0.
“Over the past few months I’ve met with families from across the country who have gone through the worst thing a parent could endure – losing a child,” Schumer said in a statement. “Rather than retreating into the darkness of their loss, these families lit a candle for others with their advocacy. I am proud to work side-by-side with them and put on the floor legislation that I Believe will pass and better protect our children from the negative risks of social media and other online platforms. It has been long and daunting road to get this bill passed, which can change and save lives, but today, we are one monumental step closer to success.”
The bill was first introduced in 2022 and faced a barrage of criticism from a variety of groups including LGBTQ+ organizations, that feared the duty of care it imposed on social media companies to mitigate harms to kids could be weaponized to target positive resources for marginalized teens. Many were reassured by changes to the bill including that it was not meant for enforcement by state attorneys general.
The bill will be challenged in the courts, if it becomes law, because of a new Supreme Court opinion, which made clear that content moderation is a form of expression. Blumenthal said he is confident KOSA could survive any challenges. “I think this bill is constitutionally bulletproof,” he said.
Smithing said that her group never supported KOSA until its most recent changes, which included allowing minor to search for what they want and receive evidence-informed information. Smithing said that specifying the bill helps her feel confident that the bill is not about content.
The Pain of Living with an Eating Disorder: Social Media and the House and Senate Approaches to a Resolution of the Energy and Commerce Committee Issues
She said she was feeling good. I have been tapping into the idea of delusional optimism for the past couple of months. Like if I keep pushing forward, something good will happen,” Smithing said. “And today feels like a day where a little bit of that optimism was realized and a little bit of that delusion was set to the side.”
Tracy Ann Bancroft, whose son has suffered from an eating disorder to which she believes social media was “a major contributing factor,” said that it’s not too late to act. “We need this legislation passed urgently,” Bancroft said.
Ava Smithing, advocacy and operations director at the Young People’s Alliance, who’s shared her story with lawmakers about how social media algorithms steered her toward eating disorder content, said it’s “a very exhausting process having to retell really deeply personal stories again, and again, and again.” But with Schumer’s announcement, “today feels rewarding, and like those conversations and those long days aren’t going to be unanswered.”
The advocates at the press conference appeared happy, excited and focused on finishing the job in both the House and Senate.
In a statement, House Speaker Mike Johnson (R-LA), said he is “looking forward to reviewing the details of the legislation that comes out of the Senate. Parents should have greater control over their children’s online activities. I will do everything I can to find consensus in the House.
Blackburn said they’d had conversations with members in the House, and “visited with House leadership.” She added that, “we look forward to them moving it forward very soon.”
The House would need to act if the Senate clears it. There was a House version of KOSA that was to be discussed in an Energy and Commerce committee hearing. The ranking member of the committee has expressed concern about KOSA. If it passes out of the committee, House leadership would still need to prioritize time for KOSA to get a vote on the floor in short order.
The plea underscores the time crunch the bill faces to reach the president’s desk before the August recess. It would be nice if the sponsors could have it squared away before the summer vacation, but that is not always possible in an election year.
At a press conference Tuesday, advocates and bill sponsors urged other senators to quickly vote to pass the bill, without other amendments that could stall its progress once again. The floor vote on the bill was said to be clean and quick by the lead sponsor, Sen. Richard Blumenthal.