Dozens of states ask Congress to un-doom the Kids Online Safety Act

A group of state attorneys general are pushing Congress to pass the Kids Online Safety Act (KOSA), which has stalled in the House of Representatives thanks to concerns over online censorship. An open letter published today is signed by 32 attorneys general, including those of 31 states and the District of Columbia. It urges leaders of both parties in the House and Senate to vote on the bill before the current congressional session ends early next year.

“While an increasingly online world has improved many aspects of our material well-being, prolific internet usage negatively impacts our children,” reads the letter, whose signatories include the attorneys general of Florida, New Mexico, and New York. “KOSA will establish better safeguards for minors online.” It also urges Congress to pass final text that wouldn’t prohibit states from enacting and enforcing stricter rules.

Moving the bill forward at all would be an uphill battle. KOSA (along with a related bill dubbed COPPA 2.0) passed the Senate nearly unanimously in July, but this lockstep bipartisan support broke down in the House, where a committee passed it to the House floor reluctantly with numerous complaints and promised amendments. Among other provisions, KOSA would establish that large social media platforms bear a legal “duty of care” for children. But amid lobbying against the bill from tech companies, both Republican and Democratic critics argue it could easily become a vehicle for censoring content their opponents dub harmful — including LGBTQ posts for Democrats and anti-abortion content for Republicans.

One particularly contentious question has been whether state attorneys general can bring suits under the law; the Senate version allows states to enforce some portions of KOSA but not the central duty of care rule. Several states have already filed numerous — but largely preliminary — lawsuits against companies like Snap, Meta, and TikTok under consumer protection laws.

House Speaker Mike Johnson (R-LA) has signaled that KOSA’s chances of passing are low, calling the bill’s details “very problematic” last month. And while President-elect Donald Trump has an appetite for legal action against tech companies, he’s said little about child safety laws — so the odds of a new version passing are uncertain, too.