Several states urge Congress to repeal the Online Safety for Kids Act.
It is likely that he will remain condemned.
A group of state attorneys general is urging Congress to pass the Kids Online Safety Act (KOSA), which has faced hurdles in the House of Representatives due to concerns related to online censorship. An open letter published today, signed by 32 attorneys general—31 from states and one from the District of Columbia—calls on leaders from both parties in the House and Senate to vote on the bill before the current congressional session ends early next year.
The letter emphasizes that, while the increasing use of the internet has improved many aspects of material life, it has also negatively impacted children. The signatories, including the attorneys general of Florida, New Mexico, and New York, mention that KOSA will establish better safeguards for minors online. Additionally, they request that the final text approved does not prevent states from implementing and enforcing stricter regulations.
Moving forward with the bill presents a significant challenge. KOSA, along with a related measure known as COPPA 2.0, was passed nearly unanimously in the Senate in July. However, this bipartisan support faltered in the House, where a committee sent it to the full chamber with hesitations, complaints, and promises of amendments. Among other provisions, KOSA would establish that major social media platforms have a legal “duty of care” toward children. Despite this, tech companies have been lobbying against the bill, with both Republican and Democratic critics arguing that it could be used to censor content that their opponents deem harmful; such as LGBTQ posts for Democrats and anti-abortion content for Republicans.
A particularly contentious issue has been whether state attorneys general can bring lawsuits under this law; the Senate version allows states to enforce some parts of KOSA, but not the central duty of care rule. Several states have already filed numerous lawsuits, although mostly preliminary, against companies like Snap, Meta, and TikTok under consumer protection laws.
House Speaker Mike Johnson (R-LA) has indicated that the chances of KOSA passing are low, labeling the bill's details as “very problematic” last month. Although elected President Donald Trump has shown interest in legal actions against tech companies, his comments on child safety laws have been sparse, leaving the future of a new version of the bill uncertain.
