

‘We may start from scratch:’ Lawmakers consider policy options for protecting kids from social media

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 session.
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 last Congress by adding an outright ban on social media accounts for children younger than 13.
The Kids Off Social Media Act (KOSMA) may prove to be a step in the wrong direction for some House Republicans. Last year, they blocked less restrictive legislation from advancing over concerns about stifling free speech.
Lawmakers in both chambers are discussing potential changes to the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) — a pair of bills the Senate passed last Congress in an overwhelming, bipartisan 91-3 vote — to win over hesitant House Republicans.
“We may start from scratch, because I want to build some consensus. But it’s a must-pass as far as I’m concerned,” Florida Republican Rep. Gus Bilirakis, the lead House sponsor of KOSA and chair of the subcommittee with jurisdiction over online safety legislation, told The Washington Times.
KOSA requires social media companies to turn off data-driven algorithms for minors and ensure their accounts default to the strongest safety and privacy settings. It also includes a “duty of care” standard that would require online companies to implement design standards that protect minors from specific harms, like violence and harassment, and would permit the Federal Trade Commission (FTC) 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 under 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, have not yet reintroduced KOSA this Congress as they consider further changes 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 that were 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 still declined to advance KOSA. 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 new 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 off 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 standalone bill, saying he views it as “complementary” to KOSA and COPPA 2.0.
“All three of them I would like to see passed,” he said.
Mr. Blumenthal also said he views KOSMA as “very complementary to KOSA” and would like to see the bills 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 noted he wants to look at the specifics of KOSMA before endorsing it.
“Whatever we can do to save these kids,” Mr. Bilirakis said, emphasizing it is his top priority to get legislation protecting children from social media harms signed into law.
Rep. Jan Schakowsky of Illinois, the top Democrat on the Commerce, Manufacturing and Trade Subcommittee that Mr. Bilirakis chairs, said the two parties haven’t started new negotiations on child online safety legislation this Congress, but there is a lot of bipartisan interest in getting something done.
“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 come back and update 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.”
• Lindsey McPherson can be reached at lmcpherson@washingtontimes.com.