Illustration: Sarah Grillo/Axios
Measures aimed at protecting kids online are set to clear the Senate soon, but the path in the House is less certain.
Why it matters: Kids Online Safety Act and COPPA 2.0 backers need to get key players in the House on board if they want the legislation to become law.
- Advocates say the bills are necessary to force tech companies to take greater responsibility for protecting kids when they design products.
Driving the news: The Senate will take a procedural vote to end debate on the tweaked KOSA/COPPA 2.0 package on Thursday afternoon, setting up a final vote likely next week.
It will then go to the House, where Energy and Commerce Chair Cathy McMorris Rodgers said she wants to hold a markup as soon as possible.
- "I'm pleased to see them taking action. We had planned to take some action, but with the change in the schedule we'll be delayed," CMR told Axios, referring to House Republicans' decision to leave for recess early until September.
- COPPA 2.0 is incorporated into CMR and Senate Commerce Chair Maria Cantwell's American Privacy Rights Act, and the E&C leader said she hasn't decided whether the kids focused measure should be extracted.
- "I'm still working through those details with leadership," CMR said.
Yes, but: E&C Ranking Member Frank Pallone has concerns with KOSA's duty of care provision and CMR said they're continuing conversations on the issue.
- "Adopting the duty of care could cause social media companies to over-filter content out of an abundance of caution about legal risk, and as a result some young people could lose access to helpful and even life-saving content," Pallone said during a May 23 subcommittee markup.
- Pallone's support is key for getting the bill out of committee.
Opponents of KOSA are also banking on progressives like Rep. Maxwell Frost to speak out, citing concerns with the bill harming LGBTQ+ and other marginalized youth.
- Rep. Alexandria Ocasio-Cortez told reporters Thursday she does not support the bill.
Congressional Progressive Caucus Chair Pramila Jayapal said she needs to review the measure and isn't familiar yet with the concerns raised by LGBTQ+ youth.
- Jayapal: "I think it's obviously really important to protect kids online so I'm looking forward to seeing it and I hope to be able to vote for it."
- Rep. Greg Casar, CPC's whip, said there hasn't been "much of a discussion yet" inside the CPC on the bill, but once it moves to the House they'll decide whether changes need to be made.
At the leadership level, House Speaker Mike Johnson said he is "looking forward to reviewing the details of the legislation that comes out of the Senate."
- "Parents should have greater control and the necessary tools to protect their kids online. I am committed to working to find consensus in the House."
- House Minority Leader Hakeem Jeffries during a press conference on Thursday said he hopes the legislation is taken up by the full House.
The bottom line: There's broad, bipartisan interest in protecting kids online, and it's an issue that plays well in an election year.
- However, if the measures become law, they are almost certainly going to be challenged in court.
- NetChoice, an industry trade association, says KOSA is unconstitutional.
