Illustration: Sarah Grillo/Axios
For those who want to see Congress pass sweeping rules around protecting kids online, time is running out before the election.
The big picture: Kids' online safety advocates and lawmakers who've been pushing for legislation that would change how tech companies treat minors online want their bills attached to the FAA reauthorization package, which is the last major must-pass bill before the election.
- That includes COPPA 2.0, an update to existing online children's privacy protections, and the Kids Online Safety Act, which would force platforms to change their designs and features for younger users.
Friction point: Important players including House Speaker Mike Johnson don't want to make FAA a "Christmas tree" of unrelated bills, per a Johnson spokesperson.
- Senate Majority Leader Chuck Schumer is more open to amendments.
Yes, but: Schumer alone can't jam additional provisions into the package.
What they're saying: "Now we find out if Congress is actually serious about protecting kids online or is content with endless hearings and soundbites," said Josh Golin, executive director of Fairplay, a group that's been pushing for the bills.
The other side: Some tech and LGBTQ+ groups are still opposed to KOSA, arguing that it would give state attorneys general — some with anti-LGBTQ+ agendas — too much power to restrict content for vulnerable communities.
- "We urge you to exclude KOSA as non-germane from legislation brought to the floor," groups including Chamber of Progress, LGBT Tech and the Woodhull Freedom Foundation wrote to Senate leaders last week.
Behind the scenes: Kids' online safety as an issue is on Johnson's list of priorities before the end of the year, one child advocacy group that met with his staff last week told Axios.
- Johnson's office also told the group that is is closely coordinating with the House Energy and Commerce Committee.
The intrigue: Whether or not these bills make it onto the FAA reauthorization, momentum around federal privacy legislation will keep them in play in the coming months.
- Pressure from parent groups and advocacy organizations won't let up either.
- The House Energy and Commerce subcommittee on innovation, data and commerce is holding a markup May 23, and the American Privacy Rights Act is likely on the agenda, sources tell Axios.
What's next: Advocates would rather see kids bills pass as soon as possible but say the topic's bipartisan support ensures the issue won't die if there is a change of the makeup of Congress or a new administration.
- "I think they would have a chance regardless of what happens in the election," Golin said. "But no one wants to gamble on the future, especially when the harms to children are ongoing.… Every day that Congress lets the status quo continue puts young people at risk."
- "We are focused on any vehicle available to get KOSA and COPPA 2.0 passed in this Congress.… The large coalition of supporters behind these bills is not going away because the issue is not resolved," said Daniel Weiss, chief advocacy officer at Common Sense Media.
