After passing the Senate nearly unanimously last week, the future of the Kids Online Safety Act (KOSA) appears uncertain. Congress is now on a six-week recess, and reporting from Punchbowl News indicates that the House Republican leadership may not prioritize bringing the bill to the floor for a vote when legislators return.
In response to Punchbowl’s reporting, Senate Majority Leader Chuck Schumer released a statement saying, “Just one week ago, Speaker Johnson said that he’d like to get KOSA done. I hope that hasn’t changed. Letting KOSA and [the Children and Teens’ Online Protection Act] collect dust in the House would be an awful mistake and a gut punch—a gut punch to these brave, wonderful parents who have worked so hard to reach this point.” The bill has also received support from vice president and Democratic presidential candidate Kamala Harris.
But the bill created a massive divide among the digital rights and tech accountability community. If passed, the legislation would require online platforms to block users under 18 from seeing certain types of content that the government considers harmful.
Proponents of the measure, which included the Tech Oversight Project, an nonprofit focused on tech accountability through antitrust legislation, saw the bill as a meaningful step toward holding tech companies accountable for the way their products impact children.
“Too many young people, parents, and families have experienced the dire consequences that result from social media companies’ greed,” said Sacha Haworth, executive director of the Tech Oversight Project, in a statement in June. “The accountability KOSA would provide for these families is long overdue.”
Others, like the nonprofit digital rights organization the Center for Technology and Democracy, said that, if enacted, the law could be used to prevent young users from accessing critical information about topics like sexual health and LGBTQ+ issues. This meant that some organizations that regularly lobby to hold Silicon Valley accountable found themselves siding with tech companies and their lobbyists in trying to kill the bill.
“KOSA is not ready for a floor vote,” said Aliya Bhatia, policy analyst with the Center for Technology and Democracy’s Free Expression Project, in a statement in July. “In its current form, KOSA can still be misused to target marginalized communities and politically sensitive information.”
Evan Greer, director of the nonprofit advocacy group Fight for the Future, which opposed the bill, tells WIRED that KOSA and legislation like it “divides our coalition” while allowing tech companies to “keep getting away with murder and avoiding regulation.”
“This was never really about protecting kids,” Greer says. “It was sort of about lawmakers wanting to say that they’re protecting kids, and that doesn’t actually help kids.” Instead of legislators focusing on the “flawed” legislation, Greer says that Congress could have spent that same time and energy on antitrust-focused legislation like the American Innovation and Choice Online and the Open App Markets Act, or on the American Privacy Rights Act.
“When our coalition is divided in fighting each other, we’re going to get rolled every time by Big Tech,” she says.
Meanwhile, Linda Yaccarino, CEO of X, has said that she supports KOSA, as has the Center for Countering Digital Hate, a tech accountability nonprofit that was sued by X last year for exposing hate speech on its platform.
Although the House Republican leadership’s decision may signal the beginning of the end of KOSA itself, Gautam Hans, an associate law professor at Cornell University, says that “given the bipartisan interest in enacting this law, I suspect other proposals will follow—with hopefully more extensive safeguards against potential censorship by the state.”
