Sen. Marsha Blackburn (R-Tenn.) pushed back against tech companies’ criticism of the Kids Online Safety Act (KOSA), responding in a memo Monday to what she described as “lies” about the privacy legislation.
The memo, released Monday morning by her office, rebuked a series of arguments made by some leading tech companies and lawmakers opposed to the bill’s current form. It comes as the legislation faces an uncertain future in the House after passing in the Senate earlier this year.
Blackburn, the co-author of the Senate-passed version, wrote KOSA does not censor speech nor affect the First Amendment — concerns raised by some House Republicans.
“KOSA would not censor, limit, or remove any content from the internet and it does not give the FTC or state AGs the power to bring lawsuits over content or speech, no matter who it is from,” the memo stated. “The bill passes First Amendment scrutiny because it is content neutral.”
The bill would not give any new “rulemaking power” to the Federal Trade Commission (FTC), Blackburn wrote in response to some Republicans’ concerns it would give the FTC too much authority to regulate social media platforms.
KOSA, which overwhelmingly passed the Senate in a 91-3 vote in late July, is aimed at boosting online privacy and safety for children. The bill would create regulations for the kinds of features tech and social media companies offer kids online and intends to reduce the addictive nature and mental health impact of these platforms.
Some House Republicans suggested last month the bill could specifically censor conservative voices or anti-abortion views. Blackburn disagreed with this, writing online platforms will not be held liable for hosting or boosting users with these views, and emphasized the bill does not grant enforcement powers related to speech or content.
“Claims that KOSA allows the FTC to decide what kids see online are blatant falsehoods circulated by tech companies trying to stop the bill from becoming law,” Blackburn wrote. “The bill gives the FTC the ability to hold social media accountable for their product designs — their own predatory business practices and deadly apps.”
While the bill advanced out of the House Energy and Commerce Committee last month, members in both parties expressed concerns with its language, for different reasons.
Some lawmakers took issue with the language of KOSA’s “duty of care” provision. As written in the Senate version, the provision would require platforms to design and implement features for minors to prevent and reduce harms, such as those caused by content promoting suicide and eating disorders.
Blackburn offered her definition of the provision, writing it “simply states that online platforms cannot put products on the market that will cause specific harms to kids, such as suicide and sexual predation. These harms are specified and defined by Congress, not the FTC.”
The House version that advanced out of committee last month includes amendments changing this provision.
The Tennessee Republican further emphasized that KOSA applies to commercial and online platforms like social media, online video games, and video streaming services, but it does not apply to nonprofit organizations, blogs, news outlets, churches, or broadband companies.
“It would not impact the ability of kids to watch online sports, news, or a church sermon,” Blackburn wrote.
The bill would “give parents a seat at the table” and a place to voice their concerns with leading tech companies, she added.
The push comes nearly a week after House Speaker Mike Johnson (R-La.) revealed he likes the concept of KOSA, though he claims the details of the Senate-passed version are “very problematic.”
“I love the principle, but the details of that are very problematic,” Johnson told Punchbowl News in an interview in Pennsylvania.
The Speaker said the Senate bill, as written, would have “unintended consequences,” Punchbowl reported. Johnson’s office confirmed his comments to The Hill.
Punchbowl reported Johnson did not appear open to persuasion on the Senate version, a potential blow to KOSA advocates who previously told the outlet the House leader might be flexible.
Monday’s memo follows a series of other efforts led by Blackburn and tech advocacy groups to pass the legislation on the full House floor.
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