Washington — Senate Poised to Vote on Landmark Children’s Online Safety Legislation Amidst Bipartisan Support

In a notable development on Capitol Hill, the Senate is preparing to cast votes this week on two significant pieces of legislation aimed at bolstering online safety for children, showcasing an extraordinary instance of bipartisan collaboration as the 2024 presidential election approaches. The legislative package under consideration includes the Kid’s Online Safety Act (KOSA) and the Children’s and Teens Online Privacy Protection Act (COPPA 2.0). Senate Majority Leader Chuck Schumer, D-N.Y., has scheduled a procedural vote on these bills for Thursday, with a potential final vote slated for next week, depending on whether senators from both parties can reach a consensus on the schedule.

These proposed bills are designed to address escalating concerns about the safety and privacy of minors in the digital age. KOSA, championed by Senators Richard Blumenthal, D-Conn., and Marsha Blackburn, R-Tenn., seeks to implement robust protections for users under the age of 17. The legislation mandates that social media companies enhance safeguards for young users by providing increased parental control over minors’ platform interactions, eliminating potentially harmful features such as autoplay, and creating a dedicated reporting mechanism for harmful content.

In parallel, COPPA 2.0, led by Senators Ed Markey, D-Mass., and Bill Cassidy, R-La., aims to strengthen online privacy protections for children and teenagers. This bill proposes to prohibit targeted advertising directed at minors, establish an "eraser button" that allows users to delete their personal information, and improve overall data security for individuals under 17.

The swift progress of these bills underscores a rare moment of bipartisan unity on a critical issue. The legislation has received significant endorsements from major tech companies, including Microsoft and Snap, the parent company of Snapchat. However, some social media platforms have yet to publicly support the bills, and opposition remains. Critics, including the American Civil Liberties Union and other civil liberties advocates, argue that the bills' broad definitions of harm could potentially lead to censorship of politically controversial content and encroach upon free speech.

On the Senate floor, Schumer emphasized the urgent need for these measures, drawing attention to the personal and heartbreaking stories that have fueled this legislative effort. He recounted his recent meetings with parents who have lost children to suicides linked to social media interactions, stressing the profound impact these encounters have had on him and other lawmakers. “Nothing has galvanized me and so many others of us here in the Senate more to act on kids’ online safety than meeting with parents who’ve lost loved ones,” Schumer declared, highlighting the emotional impetus behind the proposed legislation.

The legislative path to this point has been fraught with challenges. Previous attempts to advance these bills via unanimous consent in the Senate were blocked by objections from some senators. To navigate these obstacles, Schumer has worked diligently with Commerce Committee Chair Maria Cantwell, D-Wash., and the bill sponsors to address concerns and garner broader support. Notably, KOSA boasts over 60 co-sponsors, providing a strong foundation to overcome potential filibuster attempts by opponents.

The next phase for these bills will involve the House of Representatives, where their future remains uncertain. Energy and Commerce Committee Chair Cathy McMorris Rodgers, D-Wash., has indicated that her committee plans to advance both bills, although a markup schedule has not yet been finalized. With Congress poised to recess for August, time is of the essence. If the House does not act before the recess, lawmakers will not reconvene until September 9, potentially delaying the legislative process.

The timing and fate of the legislation will be influenced by House Republican leadership, which will determine whether and when to bring the bills to the floor for a vote. Schumer has stressed the necessity of timely action, asserting, “Social media has helped hundreds of millions of people to connect in new ways over the last two decades, but there are also new and sometimes serious health risks that come along with those benefits. We cannot set these risks aside, on this issue — we desperately need to catch up.”

As the Senate prepares for its vote, the outcome of this legislation will have profound implications for the protection of children in the digital realm and may establish a critical precedent for future regulatory efforts addressing the complex intersection of technology and privacy.