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Congress takes aim at online harms — and misses the center mass
On December 11, 18 child online safety bills took a significant step toward becoming law. The package — each bill addressing, in some way, the harms children face online — passed out of a House subcommittee on a mostly party-line vote. The legislative bundle is, overall, a somewhat milquetoast mix of meaningful wins and frustrating defeats for child safety advocates. Still, it represents real progress. For those who have long pushed for action, the ball has finally moved down the field.The bills vary dramatically in scope. Some, like the Assessing Safety Tools for Parents and Minors Act, would simply mandate an analytical report on the efforts technology companies are making to protect children. Others, such as the App Store Accountability Act — which would require app stores to determine whether a user is a minor and, if so, prohibit downloads without parental consent — are far more consequential, fundamentally changing how app stores operate.Advancing 18 bills signals that one of the longest-standing objections to action — whether social media actually harms children — has effectively collapsed.There are also bittersweet elements. The most well-known and controversial bill, the Kids Online Safety Act, is included in the package — but in a significantly watered-down form. The original version, introduced by Sen. Marsha Blackburn (R-Tenn.), passed the Senate with more than 90 votes. But House GOP leadership raised constitutional concerns, arguing that the bill placed undue pressure on social media companies to regulate speech.House Majority Leader Steve Scalise (R-La.), one of the bill’s most prominent opponents, warned that it would “empower dangerous people.” Other critics likened KOSA to the British Online Safety Act — a far more draconian law than its American counterpart. (The most recent Senate version of KOSA focuses on disabling addictive features and restricting minors’ access to dangerous content.)These concerns forced substantial revisions. Most notably, the bill now includes a sweeping pre-emption clause barring states from regulating anything that “relates” to KOSA — effectively nullifying existing and future state-level efforts to protect children online.Equally disappointing is what failed to make the cut.Some excluded proposals were undeniably radical, such as the RESET Act, which would have barred minors from creating or maintaining social media accounts altogether. But another bill left behind — the App Store Freedom Act — was critical to restoring competition and accountability in the app ecosystem.That legislation would have challenged the Apple-Google duopoly, which controls more than 90% of app store purchases in the United States. As long as those two companies dominate the marketplace, meaningful reform will remain elusive. Unsurprisingly, both firms opposed the bill, arguing that it would “endanger” children by allowing downloads from unvetted third-party stores.Rep. Kat Cammack (R-Fla.), the bill’s sponsor, blasted that claim, noting that Apple has long permitted minors to download TikTok — a platform run by a Chinese company with well-documented national security concerns.RELATED: Schools made boys the villain. The internet gave them a hero. Image by Alexandr Muşuc via iStock / Getty ImagesDespite its importance, the App Store Freedom Act was removed from the package. Even so, the remaining legislation still marks a major victory for those focused on protecting children online.Here’s why.First, advancing 18 bills signals that one of the longest-standing objections to action — whether social media actually harms children — has effectively collapsed.For years, lawmakers debated whether digital platforms were the problem or whether other factors deserved the blame. A steady stream of studies, headlines, and internal leaks showing that social media companies knew their products damaged adolescent mental health helped put that question to rest.Second, the breadth of the package ensures that something will happen. Even the weakest provisions — those requiring studies or reports — will energize advocates and help bring order to what remains a digital Wild West for children and families.The legislative fight is far from over. The bills must still clear committee, pass the House, and survive the Senate. But momentum is clearly shifting toward reform.It’s time to finish the fight.
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