Senate Commerce Expects to Pass Kids Social Media Bill

The committee is scheduled to mark up the Kids Off Social Media Act (KOSMA) and several other items (see 2501300044). Consumer advocates and tech industry groups oppose KOSMA over data privacy and speech concerns (see 2501290069).

KOSMA would ban social media companies from using data-driven algorithms to serve targeted ads to users younger than 17, and it would set a minimum age of 13 for social media use. The tech industry is currently suing to block Florida’s childrens social media ban (see 2501140043).

“I think we’re in pretty good shape for tomorrow’s markup,” Schatz told us. Asked about plans for introducing a House companion bill, he said, “We think we’ve got a good bipartisan coalition. We’ll just build on that.”

The committee in 2024 voted 91-3 to approve a pair of kids’ online safety bills, but they stalled in the House due to opposition from Republican leadership (see 2407300042). Senate Commerce Committee Chairman Ted Cruz, R-Texas, told us previously he expects to move KOSMA, and eventually the two bills from 2024: the Kids Online Safety Act (KOSA) (S. 1409) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) (S. 1418).

Sen. Richard Blumenthal, D-Conn., said Tuesday he’s planning to "soon" reintroduce KOSA, with Sen. Marsha Blackburn, R-Tenn. About KOSMA, Blumenthal said he’s “open to any idea that protects children.” He said he’s been in contact with Cruz about KOSA, and it “still has the same kind of unstoppable momentum here.”

KOSMA raises data privacy issues and First Amendment concerns, said Aaron Mackey, free speech and transparency litigator at the Electronic Frontier Foundation. EFF has joined the American Civil Liberties Union, Center for Democracy & Technology and Public Knowledge in opposing the bill. The 2025 version of the bill removes all mention of age verification, but in practical terms, all companies will need to verify the ages of their users, which raises privacy concerns about sensitive data, he said. It’s hard to understand how members of Congress railed against tech companies over collecting mass amounts of data and are now telling them to collect sensitive data from minors, he said.

The Parents Television and Media Council, Public Citizen and dozens of other advocacy groups support KOSMA. PTMC Vice President Melissa Henson said her organization is generally supportive of restricting “very young children” from accessing social media because of the social science showing the link between increased social media use and decreased mental health. It’s a difficult line to walk balancing privacy rights with online safety for children, but tech companies haven’t been proactive in offering better solutions, she said.

Sens. Deb Fischer, R-Neb., and John Fetterman, D-Pa., told us they’re supportive of KOSMA. Fischer noted Blackburn’s leadership on the issue, as well as the interest from First Lady Melania Trump on kids’ social media issues. “We have to do something,” said Fischer. “I think it will pass the markup.” Fetterman, who’s been outspoken about social media and its impact on his own family, said he supports the measure “100 percent.”