House Advances Kids' Online Safety Legislation Amidst Bipartisan Tensions

A House Energy and Commerce subcommittee has advanced a series of 18 bills aimed at enhancing online safety for children, despite significant Democratic opposition to key pieces of legislation. The Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) moved forward on party-line votes, with Democrats expressing concerns over recent amendments. Representative Jan Schakowsky (D-Ill.), the subcommittee's top Democrat, criticized the proposed legislation as "terribly inadequate," arguing that it fails to address critical issues affecting minors online.

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The updated version of KOSA, which is central to the ongoing efforts to protect children online, includes modifications intended to alleviate First Amendment concerns that arose in previous discussions. Representative Gus Bilirakis (R-Fla.), chair of the subcommittee, stated that the changes were made in response to feedback from parents. However, Democrats have raised alarms over the removal of the "duty of care" provision, which previously mandated platforms to take reasonable precautions to protect minors. Instead, the revised bill requires companies to implement "reasonable policies" to address potential harms.

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Democratic representatives, including Kathy Castor (D-Fla.), have criticized the legislation as "weak" and "ineffectual," although Castor expressed a willingness to collaborate with Republicans to strengthen the bill. Advocacy groups, such as ParentsSOS, have voiced their support for legislative changes but emphasized the necessity for significant improvements to KOSA to avoid opposition. Joann Bogard, a founding member of ParentsSOS, highlighted the tragic loss of her son to a viral challenge on social media, underscoring the urgency for robust protections.

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During the markup session, tensions arose regarding the exclusion of the App Store Freedom Act, which would require companies to permit the installation of third-party apps. Representatives Kat Cammack (R-Fla.) and Lori Trahan (D-Mass.) expressed frustration over the lack of discussion on this measure, arguing that it is essential for ensuring the safety of apps available to children.

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House Energy and Commerce Chair Brett Guthrie (R-Ky.) defended the focus on kids’ safety legislation, asserting that there were no ulterior motives behind the committee's decisions. He emphasized transparency in the legislative process, countering suggestions of undue influence from major tech companies like Apple and Google.

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The push for enhanced online safety legislation in the U.S. comes as Australia implements stringent measures, including banning children under 16 from major platforms. Advocates like Bogard have indicated that if the tech industry continues to obstruct KOSA, parents may advocate for more drastic measures similar to those seen in Australia.

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• “I think the legislation that has been proposed is terribly inadequate.” — Rep. Jan Schakowsky (D-Ill.)

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• “This weakening of COPPA 2.0 on behalf of Big Tech is unacceptable. I urge House Republicans to return to the strong, bipartisan language in the Senate bill, and I stand ready to work with them to enact strong online privacy protections for our young people.” — Sen. Ed Markey (D-Mass.)

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• “we must reiterate: if the House version of KOSA is not significantly strengthened, we will have no choice but to oppose it.” — Joann Bogard, ParentsSOS

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• “I don’t do things suspicious,” he said.” — Rep. Brett Guthrie (R-Ky.)

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