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A push by House lawmakers to advance kids online safety legislation is facing partisan divisions and pushback from key advocates that could spell trouble for the effort, which has struggled to get across the finish line in recent years.
This dynamic was on display Tuesday as the House Energy and Commerce Committee weighed a slate of 19 bills, with Democratic lawmakers voicing concerns that key legislation has been watered down — echoing frustrations from parent advocates.
The debate centers on revisions to the Kids Online Safety Act (KOSA), the crown jewel of the proposed package of bills, which aims to create guardrails to protect kids from online harms.
The new version of KOSA, unveiled last week by Republican leaders on the House Energy and Commerce Committee, removes the bill’s controversial “duty of care” provision that required platforms to “exercise reasonable care” to prevent harms to minors.
The move seeks to address First Amendment concerns that derailed the legislation in the House last Congress, but could cost the support of Big Tech critics.
“This committee knows too well that the Big Tech companies take advantage of young people online,” Rep. Kathy Castor (D-Fla.) said at Tuesday’s hearing. “That is why it’s so disappointing that Republicans in the House are offering weak, ineffectual versions of [the Children’s Online Privacy Protection Act] and KOSA.”
“These versions are a gift to Big Tech companies, and they are a slap in the face to the parents, the experts and the advocates, to bipartisan members of Congress who worked long and hard on strong child protection bills,” she continued.
KOSA, which has been introduced several times in recent years, appeared to be gaining momentum last year after clearing the Senate in a 91-3 vote and advancing out of the House Energy and Commerce Committee.
However, the bill hit a wall with House GOP leadership over free speech concerns. In a last-ditch effort to get the measure across the finish line, its Senate co-sponsors, Sens. Marsha Blackburn (R-Tenn.) and Richard Blumenthal (D-Conn.), unveiled changes negotiated with Elon Musk’s social platform X.
House Speaker Mike Johnson (R-La.) ultimately threw cold water on the effort, saying he still had concerns with the bill.
The latest updates to KOSA take aim at these First Amendment concerns, said Rep. Gus Bilirakis (R- Fla.), chair of the House Energy and Commerce Subcommittee on Commerce, Manufacturing and Trade.
“We’ve seen it in the states. Laws with good intentions have been struck down for violating the First Amendment,” he said Tuesday. “We are learning from those experiences because a law that gets struck down in court does not protect a single child. And the status quo is unacceptable.
“I made precise changes to ensure KOSA is durable,” Bilirakis added. “Don’t mistake durability for weakness. This bill has teeth. By focusing on design features rather than protected speech, we will ensure it can withstand legal challenge while delivering real protections for kids and families.”
It’s not yet clear whether these changes will allay concerns from House GOP leadership. But when asked Tuesday whether the lower chamber could pass kids safety legislation by the end of this Congress, Johnson appeared hopeful, though he noted he hadn’t yet seen the provisions of the bill.
“I certainly hope so,” he told reporters. “I mean, I’m a big fan of that. I think it’s a really important thing to protect children online, and there’s a lot of good thought that’s going into these provisions.”
On previous First Amendment concerns, he added, “From what I understand, that’s been remedied, and we are very anxious to protect kids online. And I think the Republican Party can lead on that.”
Meanwhile, this has provoked a backlash from parent advocates, who have taken issue with the decision to remove the “duty of care” language and add in a state preemption provision.
Joann Bogard, a founding member of ParentsSOS who lost her 15-year-old son, Mason, to a viral “choking challenge” on social media, called Tuesday’s hearing a “major disappointment” and criticized lawmakers for spending time “promoting a litany of newer, smaller bills that do not offer KOSA’s comprehensive protections.”
“It needlessly delayed the House from advancing the wildly popular Senate version of the Kids Online Safety Act, which gives parents the tools they need to keep their children safe,” she said in a statement. “If the Committee continues to advance a weak version of KOSA and preempt good state laws, we will have no choice but to vocally oppose the package.”
Even if the bill managed to pass the House, it could face difficulties in the Senate, where Democratic support is needed to cross the 60-vote threshold.
Blackburn, a key GOP champion of the bill, also voiced concerns about the House version.
“While we appreciate our House colleagues for turning their attention to the urgent need to protect kids online, the House’s version of KOSA would not ensure Big Tech companies like Meta prioritize the safety of children over profit,” she said in a statement.
“I look forward to working with our colleagues in the House to pass a bill that requires Big Tech companies to take responsibility for protecting the next generation from groomers, pedophiles, drug dealers, and other criminals who view the virtual space as their playground,” Blackburn added.