Pressure is high on kids' online safety bills as House stalemates
Illustration: Aïda Amer/Axios
The House is bogged down with disagreements over kids' online safety legislation as pressure mounts to pass a law before the end of the year.
The big picture: The backdrop of the upcoming election, along with the ever-present problem of how complicated technology bills can be, makes lawmakers less likely to champion bipartisan wins or take voting risks.
- Those tensions are teeing advocates up for disappointment even as they take to the Hill to tell personal stories of losing children after bad experiences online on major platforms.
- KOSA co-sponsor Sen. Marsha Blackburn is highlighting conservative support for the bill from Kellyanne Conway, Newt Gingrich and many others.
State of play: The Senate passed a bipartisan KOSA and COPPA 2.0 package in July, and House co-sponsors want to work quickly to get their versions passed.
- But House leadership, including Speaker Mike Johnson and Majority Leader Steve Scalise, continue to have issues with the bills, viewing language as going too far on imposing a duty of care on companies, conflicting with recent court rulings or clashing with state efforts.
- Johnson said earlier this summer he was working to find consensus in the House on kids' safety online.
Behind the scenes: Some Democrats, along with Republicans on the House Energy and Commerce Committee, have also expressed issues with the bills, including the duty-of-care language.
- COPPA is viewed as less controversial than KOSA and stands a chance to pass if it's broken out from the American Privacy Rights Act, sources close to the situation told Axios.
- House input from House Republican leadership led to a planned markup of APRA being canceled.
- Conversations between sponsors and leadership for both bills are keeping markup plans in flux, but sources say conversations are ongoing and everyone involved wants to find a solution.
What they're saying: Rep. Gus Bilirakis, co-sponsor of KOSA, told Axios in an emailed statement that he's "had multiple meetings, as recently as this morning, with my colleagues" to try to move the legislation forward.
- Mike Rorke, a staffer for Rep. Tim Walberg, the Republican co-sponsor of COPPA, told Axios "there are a few moving pieces ... and we're hoping to get greater resolution soon."
- Kate Roberts, E&C spokesperson: "The bill sponsors and Committee continue to work on a bipartisan path forward in the House on behalf of the millions of parents who deserve the ability to keep their kids safe."
Friction point: It was a huge lift to get the bills through the Senate and any changes could end up putting sponsors back at square one with only one chamber on board.
- KOSA co-sponsor Sen. Richard Blumenthal said he has heard second- and third-hand conflicting reports of what GOP House leadership wants changed in the bill.
- However, he said "there seems to be a clear path to passing it ... in a way that stays true to its essential principles and provisions. I think what it takes is just the will to do it."
- COPPA 2.0 co-sponsor Sen. Ed Markey said the bill "has been intensely vetted" and the Senate "went through a painstaking process to build a strong, bipartisan coalition behind this bill."
While negotiations continue, advocacy groups are mounting pressure.
- ParentsSOS co-founder Josh Golin said parents will be in D.C. next week and are pushing to have meetings with House leadership.
- Today, ParentsTogether Action is delivering a petition to Congress in support of the KOSA with more than 100,000 parent signatures.
