Kids online safety package

Guthrie and Pallone cement deal for kids online safety package

The new package complicates a separate push for a kids safety bill coming from the Senate.

By Owen Dahlkamp and Kelsey Brugger

The House Energy and Commerce Committee leadership reached a bipartisan deal for legislation to protect kids on the internet — a development that complicates Congress’ push to pass child safety legislation by the year’s end.

Committee Chair Brett Guthrie of Kentucky and ranking member Frank Pallone of New Jersey have an agreement on the Kids Online Safety Act, or KOSA, which aims to set stricter online safety standards for kids, according to committee spokesperson Matt VanHyfte.

The legislation, which already cleared the committee in March, will be updated under an expedited procedure and could be considered on the House floor next week, according to a person familiar with the deal who was granted anonymity to discuss private deliberations. Even if the House passes it, lawmakers would still need to resolve differences with a competing Senate version of KOSA, while addressing questions such as whether federal requirements on artificial intelligence should override state rules.

“We worked across the aisle for many months and have now found common ground on policies to significantly improve the digital environment for kids,” Guthrie and Pallone said in a joint statement.

“Through empowering parents, establishing safety as a default, strengthening privacy for children and teens, increasing transparency around data brokers, and holding Big Tech accountable, the KIDS Act delivers the 21st century protections parents have demanded and our kids deserve,” the pair added.

The committee passed a version of KOSA along partisan lines in March in a larger package called the Kids Internet and Digital Safety Act, or KIDS Act, but Guthrie wanted to make the legislation bipartisan. The pair negotiated for months and reached an agreement late last week, said a committee aide granted anonymity to discuss private negotiations. Staff are expected to be briefed today on the updated language.

The House version of KOSA would not include the “duty of care” standard that would require companies to design social media platforms with kids’ safety in mind — a major sticking point for Democrats who previously rejected versions of KOSA without that language.

The bill would also override state laws that do not meet the federal standards while still allowing states to enact stricter regulations.

The language would also preempt state AI laws that relate to the policies in the proposal.

The KIDS Act, which includes KOSA, also includes bills that would require pornographic websites to implement age verification technology, bar minors from using disappearing messaging features and require AI-powered chatbots to disclose that they are not humans.

The White House and Sen. Marsha Blackburn (R-Tenn.) are working on a package that would include several online child safety bills and preempt some state AI laws.

That package is expected to include the Senate version of KOSA, which includes the “duty of care” standard; the NO FAKES Act, which would create new restrictions on AI deepfakes; and the App Store Accountability Act, which would require minors to obtain parental consent before downloading apps.

Meta, which killed a Senate-approved version of KOSA two years ago, is no longer opposing the Senate version of KOSA if the App Store Accountability Act and limited preemption of state AI laws are included.