Senate advances bills to protect privacy and safety of children online

Mark Zuckerberg, CEO of Meta, speaks to victims and their family members as he testifies during the US Senate Judiciary Committee hearing “Big Tech and the Online Child Sexual Exploitation Crisis” in Washington, D.C., on Jan. 31, 2024. / Credit: ANDREW CABALLERO-REYNOLDS/AFP via Getty Images

Washington, D.C. Newsroom, Jul 25, 2024 / 18:10 pm (CNA).

The Senate voted overwhelmingly to advance extensive regulations that its supporters say will protect the safety and privacy of children on the internet.

In a rare show of bipartisanship, the Senate voted 86-1 on a procedural vote that paved the way for two child online protection bills to pass the Senate within the coming weeks. Sen. Rand Paul, a libertarian-leaning Republican, was the only senator to vote against advancing the bills.

The current versions of the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) emerged from months of dialogue with families and child safety advocates, according to Senate Majority Leader Chuck Schumer’s office.

Under KOSA, the government would impose a “duty of care” on social media platforms. This means the companies could be held legally liable if they are negligent in their efforts to prevent children from accessing harmful material.

Bullying and harassment, as well as sexual and violent material, are listed as harmful material covered by the legislation. The bill would also require platforms to work to prevent children from accessing material that could contribute to anxiety, depression, eating disorders, and various other harm.

The bill would require social media platforms to allow children to opt out of algorithmic recommendations and give parents control over how platforms can use their children’s information. It would also require independent audits of the platforms.

COPPA 2.0 would prohibit companies from collecting any data on users 16 years old or younger, unless first receiving consent. It would also ban targeted advertising for children and create a “Digital Marketing Bill of Rights for Teens” to restrict data collected on teenagers.

Republican Sen. Bill Cassidy said on the Senate floor that updating the regulations for the internet is long overdue.

“Rules from 25 years ago can not effectively govern social media sites that did not exist 25 years ago [and] were not conceived of 25 years ago,” Cassidy said. “We’ve waited too long to update these rules.”

Democratic Sen. Richard Blumenthal, one of the co-sponsors of KOSA, said on the Senate floor that the bill “empowers young people and parents.” 

“It gives them choices,” Blumenthal continued. “It enables them to take back control over their own lives. It enables the strongest settings of safety by default, it requires companies to disable destructive product features. It gives young people and parents tools to opt out, to choose not to be a part of algorithm recommendations … [and to] shield themselves against online predators and options to protect their own information.”

Melissa Henson, the vice president of the Parents Television and Media Council, which endorsed both bills, told CNA that children have been subjected to bullying and sextortion schemes on social media platforms. She said many platforms have caused body image problems for girls and are linked to other mental health problems, such as anxiety and depression.

“A lot of these social media platforms are not designed with children’s mental health and well-being in mind,” Henson said, but added that social media platforms are “aware of these problems.”

“These media companies aren’t doing enough to protect kids,” Henson said.

Adam Candeub, the director of the Intellectual Property, Information, and Communications Law Program at Michigan State University, told CNA that it is “amazing” that the legislation will likely get a vote “after years of effort and tremendous opposition.” Candeub has long advocated for legislation to protect children online. 

“KOSA’s duty of care will expose online platforms to liability if they fail to implement design features that ‘prevent and mitigate harm to minors,’” Candeub said. “However, the devil is in the details. The question will be how the enforcers, whether the courts or federal agencies or in some cases the state attorney generals who may bring suit, will understand this vague legal duty.”

Sen. Paul, who was the lone “no” vote on advancing the legislation, called the bills “a Trojan horse” and warned of a “stifling of First Amendment protected speech” when speaking on the Senate floor.

Paul said that “everyone will have a different belief as to what causes harm … [and as to] how platforms should go about protecting minors from that harm.” He added that the “fear of liability [and the] fear of lawsuits … is going to cause people to censor themselves.”

Some social media platforms, as well as the American Civil Liberties Union and the Electronic Frontier Foundation, have also opposed the bills based on concerns that they will lead to online censorship. 

The bills could receive a final vote in the Senate next week. If they pass, they will be sent to the House of Representatives for consideration.