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Senators say they have the votes to push through bill to protect kids online

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A Common Sense Media census report found that 56% of U.S. children have their own social media accounts, and calls from parents and advocates to protect kids from harmful content, bullying and sexual exploitation have been growing for years. On Thursday, Feb. 15, the Senate announced it has enough votes to pass the Kids Online Safety Act after members of the Senate Committee on Child Safety interrogated Big Tech CEOs in January.

Sen. Marsha Blackburn, R-Tenn., who championed the bill alongside Sen. Richard Blumenthal, D-Conn., told supporters at a rally in January that it is time to act.

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“It is time for us to make certain that Big Tech stops looking at our children as the product, and it is time that we put in place provisions that are going to protect our children online, and it is time for Big Tech to stop funding armies of lawyers and lobbyist who push back against federal regulation in the virtual space,” Blackburn said at a rally on Jan. 31.

In a joint statement on Thursday, Blackburn and Blumenthal announced that after months of negotiations, the Kids Online Safety Act (KOSA) has more than 60 backers in the Senate — enough to get it pushed through in a significant first step in regulating social media companies.

“This overwhelming bipartisan support for the Kids Online Safety Act … reflects the powerful voices of young people and parents who want Congress to act,” the senators said in part.

KOSA has come a long way since being introduced in 2022. Dozens of human rights and LGBTQ+ groups initially opposed the bill until it was updated to address concerns that regulators could use it to target and punish young LGBTQ users. The bill has since garnered support from Sen. Ted Cruz, R-Texas, and Senate Majority Leader Chuck Schumer, D-N.Y., who determines what bills make it to the Senate floor for a vote.

The bill would require social media platforms to “exercise reasonable care” to prevent their products from causing anxiety, depression, eating disorders, substance-use disorders and suicidal behaviors in kids, along with preventing addictive behaviors and bullying on their platforms.

“The Kids Online Safety Act would give parents and kids the tools that they need to protect themselves in the virtual space,” Blackburn said.

While it is certainly not Congress’ first attempt at regulating Big Tech companies, KOSA would be the first online children protection legislation or consumer privacy legislation to make it through a chamber in decades.

Though KOSA has transformed through months of negotiating to receive enough support to get through the Senate, it is unclear whether it can make it through a vote on the House floor.

Previously, there has been disagreement between the two chambers of Congress about what online issues should be top priority, with the House focusing its time on legislation to protect data privacy while the Senate’s focus has been on protecting kids and teens online.

Advocates for KOSA, though, are optimistic and see the Senate’s support for the Kids Online Protection Act as a way to pressure the House to send it to President Joe Biden’s desk for his signature.

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[KARAH RUCKER]

SOCIAL MEDIA HAS OFTEN BEEN CALLED THE WILD WEST. AND TODAY 56% OF U.S. CHILDREN HAVE ACCOUNTS OF SOME SORT IN THAT ENVIRONMENT. PARENTS, LAWMAKERS AND ACTIVISTS HAVE FOR YEARS CALLED ON THESE PLATFORM TO PROTECT KIDS FROM HARMFUL CONTENT. .

IN JANUARY, TOP SOCIAL MEDIA CEOS WERE SUMMONED TO CAPITOL HILL AND GRILLED BY SENATORS.

Sen. Lindsey Graham, R-SC: “You’ve got blood on your hands. You have a product that’s killing people.”

Sen. Dick Durbin. D-IL: “law enforcement identified Snapchat as the pedophile’s go-to sexual exploitation tool”

Sheldon Whitehouse, D-RI: “as a collective, your platforms really suck at policing themselves”

[KARAH RUCKER]

CONGRESS HAS LONG THREATENED TO PASS LEGISLATION, AND NOW, THE SENATE SAYS IT HAS ENOUGH VOTES TO PASS THE BIPARTISAN KIDS ONLINE SAFETY ACT.

SENATOR MARSHA BLACKBURN HAS CHAMPIONED THE BILL ALONGSIDE SENATOR RICHARD BLUMENTHAL.

SEN. MARSHA BLACKBURN – R-TENN.: “IT IS TIME FOR US TO MAKE CERTAIN THAT BIG TECH STOPS LOOKING AT OUR CHILDREN AS THE PRODUCT, AND IT IS TIME THAT WE PUT IN PLACE PROVISIONS THAT ARE GOING TO PROTECT OUR CHILDREN ONLINE, AND IT IS TIME FOR BIG TECH TO STOP FUNDING ARMIES OF LAWYERS AND LOBBYIST WHO PUSH BACK AGAINST FEDERAL REGULATION IN THE VIRTUAL SPACE.”

[KARAH RUCKER]

IN A JOINT STATEMENT THURSDAY, BLACKBURN AND BLUMENTHAL ANNOUNCED THAT AFTER MONTHS OF NEGOTIATIONS, THE KIDS ONLINE SAFETY ACT – OR KOSA – HAS MORE THAN 60 BACKERS IN THE SENATE. ENOUGH TO GET IT PAST ANY FILIBUSTERS.

KOSA HAS COME A LONG WAY SINCE BEING INTRODUCED IN 2022. ORIGINALLY, DOZENS OF HUMAN RIGHTS AND LGBTQ-PLUS GROUPS OPPOSED THE BILL, UNTIL IT WAS UPDATED TO ADDRESS CONCERNS FROM THOSE GROUPS THAT REGULATORS COULD USE THE BILL TO TARGET YOUNG LGBT USERS.

THE BILL HAS SINCE GARNERED SUPPORT FROM SENATOR TED CRUZ THE HEAD REPUBLICAN ON THE COMMERCE COMMITTEE, AS WELL AS SENATE MAJORITY LEADER DEMOCRAT CHUCK SCHUMER WHO DETERMINES WHAT BILLS MAKE IT TO THE FLOOR FOR A VOTE.

THE BILL WOULD REQUIRE SOCIAL MEDIA PLATFORMS “EXERCISE REASONABLE CARE” TO PREVENT THEIR PRODUCTS FROM CAUSING anxiety, depression, eating disorders, substance use disorders and suicidal behaviors IN KIDS. ALONG WITH PREVENTING ADDICTIVE BEHAVIORS AND BULLYING ON THEIR PLATFORMS.

SEN. MARSHA BLACKBURN – R-TENN.:“THE KIDS ONLINE SAFETY ACT WOULD GIVE PARENTS AND KIDS THE TOOLS THAT THEY NEED TO PROTECT THEMSELVES IN THE VIRTUAL SPACE.”

[KARAH RUCKER]

WHILE IT IS CERTAINLY NOT CONGRESS’ FIRST ATTEMPT AT REGULATING BIG TECH COMPANIES, KOSA WOULD BE THE FIRST ONLINE CHILDREN PROTECTION LEGISLATION OR CONSUMER PRIVACY LEGISLATION TO MAKE IT THROUGH A CHAMBER IN DECADES.

WHILE KOSA HAS TRANSFORMED THROUGH MONTHS OF NEGOTIATING TO RECEIVE ENOUGH SUPPORT TO GET THROUGH THE SENATE, IT IS UNCLEAR WHETHER IT CAN MAKE IT THROUGH A VOTE ON THE HOUSE FLOOR.

PREVIOUSLY THERE HAS BEEN DISAGREEMENT BY THE TWO CONGRESS CHAMBERS AS TO WHAT ONLINE ISSUES SHOULD BE THEIR TOP PRIORITY, WITH THE HOUSE FOCUSING ITS TIME ON LEGISLATION TO PROTECT DATA-PRIVACY WHILE THE SENATE’S FOCUS HAS BEEN ON PROTECTING KIDS AND TEENS ONLINE.

ADVOCATES FOR KOSA THOUGH ARE OPTIMISTIC, AND SEE SENATE’S SUPPORT FOR THE KIDS ONLINE PROTECTION ACT AS A WAY TO PRESSURE THE HOUSE TO SEND IT TO BIDEN’S DESK FOR HIS SIGNATURE.