Senate Passes Landmark Legislation To Protect Kids Online

Last week, the United States Senate overwhelmingly approved legislation aimed at protecting kids from the potential harms of going online and using social media. The Kids Online Safety and Privacy Act is being hailed by many as a major win for parents and other advocates who, for years, have been demanding Congress impose guardrails and accountability on Big Tech and the social media platforms they operate.

The legislation combines two bills: the Kids Online Safety Act (KOSA) and the Children and Teens' Online Privacy Protection Act (COPPA 2.0). Together, supporters say, they send a strong message to the companies that own Facebook, Instagram, Snapchat, TikTok, and other social media outlets.

"Kids are not your product," said Senator Marsha Blackburn (R-TN), the lead Republican sponsor of KOSA. "Kids are not your profit source, and we are going to protect them in the virtual space."

That protection takes many forms in the legislation, most notably by imposing a "duty of care" obligation on social media companies, mandating that they minimize kids' exposure to potentially harmful content while also giving kids and their parents their own toolbox.

"They will be able to disconnect from the addictive features," said Sen. Richard Blumenthal (D-CT), KOSA's primary Democratic sponsor, "and opt out of those black box algorithms that drive at them relentlessly, the eating disorders, bullying."

It would also tighten restrictions on data collection, ban companies from targeting kids and teens with advertising, and provide kids and parents with, basically, an erase button.

"To say, erase any information you've gathered about that child, just erase it, delete it, delete that post," said Sen. Ed Markey (D-MA), the lead Democratic sponsor of COPPA 2.0. "I do not want it to come back and harm my child when they're older."

"No longer will we rely on Big Tech when it says, 'Trust us'," said Sen. Blumenthal. "They betrayed that trust; we can't count on them to do it."

Big Tech and some free speech advocates have persistently opposed the legislation, saying it could lead to censorship, as platforms worried about potential liability limit the free flow of information. They say this could be especially harmful to marginalized Americans who are seeking information online.

But proponents strongly disagree and found ample support on the Senate floor last Tuesday, as the bill passed 91-3. Both Oklahoma Senators voted in favor, with Senator James Lankford (R-OK) saying in a statement: "The Kids Online Safety Act holds social media companies accountable and provides parents what they need to keep their kids safe online.”

President Biden has indicated he'll sign the legislation, but it must get to his desk first, which means the House will also have to pass it. Speaker Mike Johnson has indicated he's generally supportive, but has been noncommittal about if, or when, he might bring it to the floor.