‘We may start from scratch:’ Lawmakers consider policy opt

Lawmakers looking to protect children from the harms of social media are considering new proposals and approaches this Congress after a bipartisan bill stalled in the House last year.

A key Senate committee kicked off debate on the topic last week with consideration of a bill that would go further than legislation the chamber passed during the last Congress by adding an outright ban on social media accounts for children younger than 13.

The Kids Off Social Media Act (KOSMA) may be a step in the wrong direction for some House Republicans. Last year, they blocked less-restrictive legislation from advancing because of concerns about stifling free speech.

Lawmakers in both chambers are discussing proposed changes to the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) to win over hesitant House Republicans. The Senate passed bills in the last Congress in an overwhelming 91-3 vote.

“We may start from scratch because I want to build some consensus. But it’s a must-pass, as far as I’m concerned,” Rep. Gus Bilirakis, Florida Republican and the lead House sponsor of KOSA, told The Washington Times. He is the chair of the subcommittee with jurisdiction over online safety legislation.

KOSA requires social media companies to turn off data-driven algorithms for minors and ensure their accounts default to the most stringent safety and privacy settings. It includes a “duty of care” standard that would require online companies to implement design standards to protect minors from specific harms, such as violence and harassment, and would permit the Federal Trade Commission to bring enforcement actions against companies that fail to do so.

COPPA 2.0 amends a law that prevents online companies from collecting data on children younger than 13, extends those protections through age 16, and updates what lawmakers say is a loophole in the law that allows Big Tech to ignore when children are on their platforms. It also bans targeted advertising to minors.

Sen. Richard Blumenthal, Connecticut Democrat, said he and Sen. Marsha Blackburn, Tennessee Republican, are considering further changes to KOSA to “maximize our support in the House, which is where it was blocked last session.”

“Our goal is a law, not just a bill,” he said. “So we need to make sure that we have ironed out all the issues or obstacles before we go forward.”

A Blackburn spokesperson said she is working to reintroduce KOSA, “critical life-saving legislation [that] requires social media platforms to put the well-being of children first by providing an environment that is safe by default,” and to stay tuned for news on that front “soon.” 

Ms. Blackburn and Mr. Blumenthal announced changes to KOSA last year designed to win House Republicans’ support. These changes included provisions clarifying that nothing in the bill could be used to censor, limit or remove content from the internet or penalize users for their viewpoints.

Those changes were negotiated in December with X CEO Linda Yaccarino and earned the endorsement of X owner Elon Musk and Donald Trump Jr., but House Republican leaders declined to advance KOSA. House Speaker Mike Johnson, Louisiana Republican, said at the time that he wanted to wait until President Trump was in office “to get the right bill into law.”

The Senate may be adding a wrinkle into the mix with KOSMA, the bill banning social media accounts for children younger than 13. It passed out of the Senate Commerce, Science and Transportation Committee last week on a voice vote.

“The next step is going to be to pass it on the Senate floor, but we are certainly working with House members as well to get over the finish line there,” said Sen. Ted Cruz, Texas Republican and the panel’s chair, who co-authored KOSMA with Sen. Brian Schatz, Hawaii Democrat.

KOSMA requires social media companies to keep children younger than 13 from their sites but does not require them to implement an age verification function. The measure grants the FTC and state attorneys general enforcement power, which they can use to bring civil litigation.

Other provisions in KOSMA would prohibit algorithmic content boosting to children younger than 17 and limit access to social media on school networks.

Mr. Cruz acknowledged that KOSMA may not move as a stand-alone bill. He said it is “complementary” to KOSA and COPPA 2.0.

“All three of them I would like to see passed,” he said.

Mr. Blumenthal said he views KOSMA as “very complementary to KOSA” and would like the bills to move together.

Mr. Bilirakis said he would work with House Republican leaders and members concerned about KOSA and COPPA 2.0 to find a solution that can pass. Banning social media accounts for children younger than 13 is “not a bad idea,” he said, but he wants to look at the specifics of KOSMA before endorsing it.

“Whatever we can do to save these kids,” said Mr. Bilirakis, emphasizing that his top priority is to get legislation protecting children from social media harms signed into law.

Rep. Janice Schakowsky of Illinois, the top Democrat on the Energy and Commerce subcommittee on commerce, manufacturing and trade that Mr. Bilirakis chairs, said the two parties haven’t renewed negotiations on child online safety legislation this Congress, but she noted a lot of bipartisan interest in doing something.

“There’s a lot of support for kids, so I’m hoping,” she told The Times. “I’m going to be pushing.”

Rep. Morgan Griffith, a Virginia Republican on the broader Energy and Commerce Committee, said lawmakers should not let the fear of unintended consequences prevent them from taking action because they can always revisit the law if needed.

“Let’s get it done,” he told The Times. “Then, if we’ve made an error, don’t get all egotistical about it. ‘All right, this didn’t work the way we thought it was going to.’ But once you try something, you’ve got a better idea of what will work.”