Senate Majority Leader Chuck Schumer (D-N.Y.) plans to announce in a speech that he will bring the Children’s Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) to the Senate floor this week for a procedural vote. This sets up the most significant step yet at the federal level to move forward with legislation in the area of children’s internet safety legislation.
“Over the past few months, I have met with families across the country who have experienced the worst thing a parent can endure: losing a child,” Schumer said in a statement. “Rather than sheltering in the darkness of their loss, these families lit a candle for one another with their support. I am proud to work side-by-side with them and introduce legislation that I believe will pass and better protect our children from the negative risks of social media and other online platforms. It has been a long and daunting road to passing this life-changing and life-saving bill, but today we are one monumental step closer to success.”
KOSA would impose a duty of care on online platforms to take reasonable steps to mitigate certain harms to minors, require the option of parental controls for minors' accounts, and prevent features such as autoplay. COPPA 2.0 would be based on a Children's privacy law in force raising the age of privacy protection from 13 to 17 and banning advertising targeted at that age group.
Some advocacy groups like Fight for the Future and the Electronic Frontier Foundation have remained critical of KOSA, fearing that it stifles free speech on the internet and could limit access to certain resources for ideologically marginalized children. While other groups, including prominent LGBTQ+ groups like GLAAD and The Trevor Project, had previously expressed concerns that KOSA could be weaponized against resources for LGBTQ+ youth, They abandoned their opposition after the bill's sponsors made several changes.
Schumer had attempted to pass the bills by unanimous consent — an expedited way to pass legislation if no senators oppose it — but late last year, Senator Ron Wyden (D-Ore.) announced He would oppose such a measure due to concerns about the previous version’s impact on LGBTQ+ content. Still, the bills have overwhelming support that should ensure their success in the House as long as they are given the necessary time to advance. KOSA, for example, has had more than 60 cosponsors for months, surpassing the threshold needed to pass the House.
