Illustration: Sarah Grillo/Axios
House leaders plan to take a new approach on kids online safety next Congress, likely spelling the end of efforts to send legislation to the president's desk this year.
The big picture: Throughout the last year, an emotionally charged debate over how to protect kids online unfolded as parents — some of them prominent lawmakers themselves — pleaded to get legislation across the finish line.
- But Congress is again poised to fall short amid policy disagreements, procedural hurdles, and alleged bad-faith negotiations.
"KOSA's goal is noble, but its solutions are very problematic," a GOP leadership aide said. "Our Conference has made clear its concerns with the impact KOSA will likely have on free speech."
- "Next Congress, with Republican control, we intend to pursue a new, more responsible approach to making the internet safer for children."
State of play: Lawmakers at the end of each year tend to make trades on priority legislation to ride on must-pass legislation.
- It's a long shot, but advocates remain hopeful KOSA can make it into a year-end package.
- "We are calling on Congress to make sure that whatever priorities are up for grabs at the end of this year, that this is high on the priority list," Design It For Us' Zamaan Qureshi said.
A Republican congressional aide said KOSA would pass the House today if House leadership allowed a vote, but "they are on an island by themselves in their undying loyalty to Big Tech companies who will always put profit over principle."
- Conversations are continuing between Senate and House KOSA sponsors to pass the legislation before the end of the year and advocates are meeting weekly to strategize, the aide added.
Behind the scenes: Advocacy groups like Design It For Us and the Young People's Alliance are calling out House Speaker Mike Johnson for what they said is a refusal to meaningfully engage. That includes:
- Declining meetings for more than six months with Meta whistleblower Arturo Béjar, kids safety legislation advocate Arun Cacodcar and advocacy groups.
- "Changing the goal post" by claiming first to be supportive, then to have issues with censorship and empowering the FTC, and finally "at the last minute" that the bill still needs to go through the Education and the Workforce Committee.
- Offering no alternative to KOSA or specific changes to KOSA text.
The other side: Johnson spokesperson Athina Lawson said the speaker "has been and continues to be open to working through member concerns" and "considers the input of all members."
- In the last six months Johnson's office has taken at least 20 meetings with KOSA advocates, Lawson said.
- House GOP leaders don't think KOSA in its current form has enough support to pass the chamber and have concerns about its constitutionality.
- "It is not true to say Leadership has not communicated in good faith changes needed to the bill text and direction the bill needed to go in order for it to achieve greater support among the Conference," a House leadership aide said.
- GOP leaders oppose the duty of care provision and empowering the FTC because they contend such provisions could lead to censorship and First Amendment violations.
What they're saying: Cacodcar warned against delaying kids online protections to next year, saying the need to pass legislation is more urgent than ever with the growth of AI.
- "As children's data grows more valuable, so does the risk that something will go wrong by misusing it. If we don't safeguard children's data today, the consequences will last for generations."
