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-Editorial
The Senate passed the Kids Online Safety Act (KOSA) with overwhelming support, marking a significant step towards holding tech companies accountable for online dangers affecting minors. The bill, approved by a 91-3 vote, represents the first major Congressional effort in decades to address the issue of harmful online content.
The legislation, championed by parents who have lost children to online bullying or harmful content, mandates that tech companies implement reasonable measures to prevent harm on platforms frequently used by minors. It requires these companies to adopt a “duty of care” and ensure that default settings are as safe as possible.
“I applaud the Senate for passing the Kids Online Safety and Privacy Act today. This bipartisan legislation will help protect children’s mental health, safety, and privacy online,” Vice President Kamala Harris said. “I have spent my entire career fighting for the wellbeing of children, and I urge Congress to pass this bill as we continue to invest in our children and their health.”
Introduced by Senators Richard Blumenthal and Marsha Blackburn on February 16, 2022, KOSA emerged in response to revelations from Frances Haugen, a former Facebook data scientist, who leaked internal documents showing Instagram’s negative impact on minors’ mental health. This led to a Congressional investigation and testimony from Instagram CEO Adam Mosseri in December 2021.
The bill, which was initially advanced by the Senate Commerce Committee in July 2022, faced setbacks when it failed to pass by the end of the 117th Congress. Following President Joe Biden’s call for online child protection during his 2023 State of the Union Address, Blumenthal and Blackburn reintroduced KOSA on May 2, 2023. It was approved by the Senate Commerce Committee again on July 27, 2023.
By February 2024, the bill had garnered support from over 60 Senators, though no companion bill had been introduced in the House. An attempt to attach it to the FAA reauthorization act in May 2024 failed. The Senate’s approval of KOSA and an updated version of the Children’s Online Privacy Protection Act (COPPA 2.0) on July 30, 2024, was a decisive move, but the House had yet to pass its version by that date. A planned markup session by the House Energy and Commerce Committee in late June was canceled amid Republican disagreements.
KOSA has received backing from over 200 organizations, including the National Education Association and the American Academy of Pediatrics. However, it faces criticism from anti-censorship groups and advocates concerned about potential overreach and increased online surveillance. Despite revisions to address concerns, critics argue that the bill’s provisions could still lead to censorship and harm, particularly to LGBTQ content and educational material on topics like racism.
“This historic day is a major win for our children,” said Blumenthal. “The dedication of parents and young advocates who fought against Big Tech has been inspiring. I’m grateful to Senators Schumer, McConnell, Cantwell, and Cruz for their leadership. We’re now eager to work with the House to ensure this bill becomes law, marking the first significant internet safety reform in nearly 30 years.”
As the House considers its next steps, supporters of this initiative hope the Senate’s strong vote will prompt action before the congressional session concludes in January.
