Wyden on May 2, 2023. Photo: Anna Moneymaker/Getty Images
Sen. Ron Wyden plans to vote "no" on the package containing the Kids Online Safety Act and the updated Children's Online Privacy Protection Act when it hits the Senate floor, his office told Axios exclusively.
Why it matters: Wyden's "no" vote is a sure-fire sign that advocates for online civil liberties still don't like the package of bills and will continue to oppose it.
Reality check: They might be fighting a losing battle, at least in the Senate.
- Wyden is a key voice on online issues, but Senate Majority Leader Chuck Schumer would not be putting this package on the floor if he didn't think he had enough votes for it to pass.
- In the House, Republican leaders are supportive of the legislation broadly, but obstacles remain and other outside groups are still opposed.
Schumer announced this week he'd be moving to get KOSA and COPPA 2.0 passed on the Senate floor.
- Wyden had a hold on the bills, keeping them from passing via unanimous consent, but was prepared to lift it given his discussions with leadership.
- While he plans to oppose the package, he got a new provision added to KOSA: specific language stating Section 230 is not pre-empted by the bill.
What they're saying: "I strongly support elements of this bill, especially Senator Markey's Children and Teens Online Privacy Protection Act, which will safeguard the personal information of young people online," Wyden plans to say on the Senate floor Thursday, per remarks shared first with Axios.
- "Unfortunately, KOSA's improvements, while constructive, remain insufficient."
- "I fear this bill could be used to sue services that offer privacy enhancing technologies like encryption or anonymity features that are essential to young people's ability to communicate securely and privately without being spied on by predators online."
- "I also take seriously concerns voiced by the American Civil Liberties Union, Fight for the Future, and LGBTQ+ teens and advocates that a future MAGA administration could still use this bill to pressure companies to censor gay, trans and reproductive health information... For these reasons, I cannot vote for this legislation."
