RUESSELSHEIM, GERMANY - SEPTEMBER 22: Children play video games on smartphones while attending a . [+] public event on September 22, 2012 in Ruesselsheim, Germany. Smartphones, with their access to social networks, high-resolution screens, video games and internet acess, have become commonplace among children and teenagers across the globe. (Photo by Sean Gallup/Getty Images)
Updated, Feb. 21, 2024: This post has been adjusted to reflect a change in the timeline of a Florida state Senate vote on a child privacy bill.
For the first time in years, Big Tech legislation may take a step forward in Congress. While this area has faded after Democrats lost control of the House of Representatives in 2022, lawmakers have come close to reaching a critical mass of support on some related issues. One of those initiatives, the Kids Online Safety Act, just met that threshold and now has a filibuster-proof number of sponsors in the Senate. This could set the stage for the upper chamber to advance the bill in the coming months.
If signed into law, KOSA would impose new regulations on digital platforms, including mandating that they “exercise reasonable care” to ensure their products do not endanger children. This requirement would extend to the use of features that could increase depression, sexual exploitation, bullying, harassment, and other harms. In addition, businesses would be required to default to the most protective privacy and safety settings for younger users and provide tools for parents to monitor their kids’ behavior.
The new wave of cosponsors follows a Senate Judiciary Committee hearing earlier this month with several tech executives, where members of both parties criticized the companies for their shortcomings. In addition, the lead sponsors, Senators Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) made tweaks to who would be responsible for enforcement of the law, reducing the role of state attorneys general and empowering the Federal Trade Commission. This change and revisions to the duty of care standard caused several LGBTQ+ advocacy groups to drop their opposition in a letter to Blumenthal and join the growing public chorus backing the bill.
While the bill has a clear path to pass Senate, its fate in the House is less certain, with the proposal yet to build a similar level of support. In addition, many tech lobbying groups still oppose the bill. Some tech companies, such as Snap, X, and Nintendo, have endorsed the legislation, but the largest businesses have yet to back the proposal. Meta announced changes last month that would mirror some of the bill’s requirements but has yet to voice support for the legislation. Getting the proposal through the Senate will pressure the House to act, but as long as the tech industry remains fractured, it is doubtful the bill will make it to President Joe Biden’s desk.
Still, even if the bill eventually were to die in the House, the legislation will serve as a template for future discussions on regulating children’s privacy. The Senate-passed draft will likely be the starting point for any subsequent negotiations at the federal level, and some states looking to address the issue may adopt the congressional framework. In addition, gaining filibuster-proof support in the Senate could make passage of KOSA under a future unified Democratic government more likely.