House passes KIDS Act, setting up Senate clash over kids' online safety

The U.S. House of Representatives passed the KIDS Act on Monday, a significant step toward enhancing children's online safety, but key senators indicate the legislation has little chance of advancing in its current form. The vote was 267-117, reflecting broad bipartisan support. The package includes a version of the Kids Online Safety Act (KOSA), but notably omits the 'duty of care' language that would require platforms to take reasonable steps to mitigate harms from design features like endless scroll or algorithmic recommendations. Proponents argue this provision is crucial for holding tech companies accountable.

House Energy and Commerce Committee Chair Brett Guthrie stated they worked hard to reach a workable compromise, acknowledging that while no single bill can solve every challenge, this legislation represents a significant step forward. The package includes preemption language that critics say would make it harder to sue social media companies for design features. Senator Maria Cantwell warned that such language would have prevented landmark social media cases in California. Senator Richard Blumenthal, a KOSA co-sponsor, insisted that preemption should not be part of the bill at all.

Ranking Member Frank Pallone defended the preemption language, arguing it is written to ensure states retain authority to pass stronger laws, including those with a duty of care. The Trump administration and the tech industry are pushing Congress to pass legislation that would override some state AI laws, and any serious preemption effort would need to include kids' online safety measures to have a chance. Senator Marsha Blackburn is working with the White House on a deal tying kids' safety to federal preemption of state AI laws, emphasizing that any legislation must include duty of care.

Senate Commerce Committee Chair Ted Cruz is collaborating with the House on kids' online safety bills, but Cantwell noted that no one knows what Cruz is proposing. Cruz is expected to hold an AI legislative markup soon. The bottom line is that Congress has repeatedly failed to enact KOSA into law. Sponsors worry that White House pressure may result in a weakened bill crossing the finish line. Blumenthal stressed the need to prevent the White House from forming an alliance with big tech on this issue.

The debate highlights the complex intersection of children's online safety, tech accountability, and AI regulation. The Senate's stance on preemption and duty of care will determine the bill's fate. As negotiations continue, the outcome remains uncertain, with stakeholders on all sides pushing for their priorities. The coming weeks will be critical in shaping the final legislation.