House Committee Advances Bipartisan Kids Online Safety Bill, 'Duty of Care' Provision Excluded
A bipartisan online safety bill for children has been released by the House Energy and Commerce Committee, progressing critical legislation aimed at protecting minors online. Notably, the 'duty of care' provision, which would have mandated platforms prevent specific harms, was excluded from the compromise package, sparking debate among lawmakers and privacy advocates.
The **House Energy and Commerce Committee** has unveiled a bipartisan kids online safety bill, a significant step in addressing the growing concerns surrounding minors' digital experiences. The legislation, a compromise version of the **Kids Online Safety Act (KOSA)**, aims to establish new protections and give parents more tools to manage their children's online interactions.
### The 'Duty of Care' Debate
One of the most contentious elements of the bill has been the exclusion of a 'duty of care' provision. This clause would have required online platforms to take reasonable measures to prevent specific harms such as suicidal ideation, eating disorders, and cyberbullying by modifying their algorithms and design features. The omission has drawn criticism from some lawmakers, including **Sen. Marsha Blackburn (R-TN)**, who stated, "Without a duty of care, Big Tech companies will maintain the status quo of putting profit before the safety of our children."
Despite its absence in the House version, the 'duty of care' standard has garnered support from 76 senators across party lines, indicating potential challenges as the bill moves forward.
### Key Provisions of the Compromise Bill
The updated House bill includes several notable provisions:
* **Restrictions on Disappearing Messages:** Minors will be blocked from using disappearing message features.
* **AI Chatbot Transparency:** AI chatbots will be mandated to acknowledge their non-human nature.
* **Age Verification:** Pornography sites will be required to implement age verification technology.
* **Gaming Regulations:** Provisions regulating video games are included.
* **Data Broker Registry:** A registry for platforms receiving children's data will be established.
* **State Law Preemption:** The bill preempts weaker state laws while allowing states to enact stricter regulations.
### Senate's Next Steps and White House Collaboration
The path forward in the Senate remains uncertain. **Senator Blackburn** is reportedly collaborating with the White House on her own updated version of the bill, which is expected to include a 'duty of care' provision, as well as rules to curtail AI deepfakes and prevent minors from downloading apps without parental consent.
**Chairman Brett Guthrie (R-KY)** emphasized the bipartisan nature of the House agreement, stating it "establishes the strongest protections to date" and addresses harms from various online platforms.
### Privacy Concerns and Constitutional Questions
While the bill aims to enhance online safety, some digital freedoms experts have raised concerns. **Kate Ruane**, director of the Free Expression Project at the **Center for Democracy and Technology**, praised certain aspects but highlighted "serious constitutional concerns." Ruane noted that the bill could incentivize age verification for online services, potentially jeopardizing the privacy of all internet users.
**Cobun Zweifel-Keegan**, managing director of **IAPP DC**, lauded the bipartisan consensus as a significant step, aligning the House version more closely with the Senate bill. However, he cautioned that passage won't be easy, especially given Senate Democrats' clear stance on the 'duty of care' provision.
