In a time of extreme political polarization, it seems harder to find areas where both sides agree. One topic, however, has largely united Republicans and Democrats on both the national and state levels. Shielding kids from harmful and addictive online dangers has been a unifying priority. As states enact their own restrictions, they have urged Congress to do the same.
The swift rise of technology has made life easier in many ways, but we are seeing the negative consequences in real time. It is the norm that kids will use the internet in the classroom and at home. A Pew Research study found that nearly half of teens are using the internet “almost constantly,” with YouTube, TikTok, Snapchat, and Instagram being the top platforms. Nearly 40% of minors who have social media accounts are between 8 and 12 years of age. Other studies have found that children who spend more than two hours per day on a screen scored lower in language and thinking tests, and some kids even have thinning of the brain’s cortex. It is time for real solutions to combat this problem.
States have stepped up to the plate by limiting access to certain internet activities for minors. Currently, 8 states have implemented a complete ban on minors obtaining a social media account with some giving an exception of parental consent. Others have enacted age restrictions, time limits, or warning labels on addictive or inappropriate content. This month, Virginia’s new social media law takes effect which was passed under former Republican Governor Glenn Youngkin. The law requires age verification for social media accounts and gives parents the ability to institute stricter or more lenient age restrictions. The current Virginia Attorney General Jay Jones (D) also announced on Monday that the state will require social media platforms to use a default time restriction of one hour for minors.
Last week, 40 attorneys general on both sides of the aisle signed onto a coalition letter urging passage of the Kids Online Safety Act “KOSA” (S. 1748). KOSA requires social media platforms to take reasonable action to reduce addictive algorithms, online bullying, sexual exploitation, and marketing of drugs, alcohol, and gambling. It also restricts the collection of a minor’s data and gives parents access to manage their child’s accounts. The letter states:
These platforms are intentionally designed to be addictive, particularly for underaged users, and generate substantial profits by monetizing minors’ personal data through targeted advertising. These companies fail to adequately disclose the addictive nature of their products or the well-documented harms associated with excessive social media use. Increasing evidence demonstrates that these companies are aware of the adverse mental health consequences imposed on underage users, yet they have chosen to persist in these practices.
Despite support for the Senate version of KOSA, the letter from the attorneys general make clear that they oppose the House version (H.R. 6484). The Senate version includes a “duty of care” provision that holds platforms responsible for not mitigating harmful features that cause serious behavioral issues in minors such as depression, eating disorders, suicidal ideations, sexual exploitation, and more. The House omits this portion and instead directs platforms to create reasonable policies themselves.
KOSA is just one of the bills being considered in the House that deal with kids’ online safety. Recently, the Subcommittee on Commerce, Manufacturing, and Trade marked up 17 bills (in addition to KOSA) that address different online behaviors. Some prohibit data collection and online research (H.R. 6273, H.R. 6292) on minors and marketing of drugs, alcohol, and gambling to kids. Others require parental approval of downloading apps (H.R 3149), creating social media accounts, and user interaction with content or other people on social media and within gaming systems (H.R. 6265, H.R. 6333).
One bill, Sammy’s Law (H.R. 2657), is named after 16-year-old Sammy Chapman who died after being sold opioid-laced drugs online. The drug dealer reached out through social media and delivered these drugs straight to his house. Sammy’s Law would allow parents to use third-party apps to track their child’s online activities so that these interactions can be stopped early.
Some of the bills address addictive algorithms on social media. Platforms would have to provide notices of how they collect, distribute, and market their content and provide an “opt-out” for certain algorithms for minors (H.R. 6253).
The most dangerous apps are those that include disappearing messages, like in Snapchat, that cannot be retrieved. This is a frequent way that pedophiles groom young children. The Safe Messaging for Kids Act (H.R. 6257) aims to seek accountability by allowing parental discretion over this feature. Sadly, today, humans are not the only threat. With AI growing exponentially, children need just as much protection from these unpredictable machines. The Safeguarding Adolescents From Exploitative (SAFE) Bots Act (H.R. 6489) requires chatbots to disclose to minors that they are artificial intelligence and cannot falsely claim they are licensed professionals. A recent study found that of the 72% of American teens who use AI chatbots for companionship, one-eighth have sought emotional or mental health support from them.
Alongside KOSA, our Eagle Council attendees last September lobbied their members of Congress to move forward the SCREEN Act (H.R. 1623), which includes many of the provisions in these bills. It would require age verification, mandate IP address verification, prohibit data collection on minors, and require regular audits to ensure compliance.
The remaining bills create commissions and partnerships to study and implement the best practices in online safety to protect minors. All bills are headed to the full House Energy and Commerce committee to be marked up again. To read the full list of bills, you can visit the committee’s website here.
Eagle Forum supports the passage of these bills and is working with members of Congress to push them across the finish line. To stay up to date on our efforts, sign up for our emails and alerts on our website here.