The Senate has overwhelmingly passed legislation aimed at safeguarding children from harmful online content, marking a significant step towards holding tech companies accountable for the harm they cause. The bill, which received a 91-3 vote, has been driven by parents who have tragically lost children to suicide as a result of online bullying or other online-related harm. It seeks to compel companies to take reasonable measures to prevent harm on platforms frequently used by minors, imposing a “duty of care” and requiring the adoption of safer default settings.
While the House has yet to take action on the bill, Speaker Mike Johnson has expressed a commitment to finding consensus. The strong Senate vote is expected to exert pressure on the House to act before the end of the congressional session in January. President Joe Biden has urged the House to swiftly send the legislation to his desk for approval, emphasizing the urgent need for action.
The bill, authored by Sen. Richard Blumenthal and Sen. Marsha Blackburn, aims to empower children, teenagers, and parents to regain control of their online lives. It sends a clear message to big tech companies that their decision-making authority is no longer trusted. If enacted into law, the legislation would be the first major tech regulation package in years, potentially paving the way for additional bills addressing online privacy and the use of artificial intelligence.
The proposed law would require companies to mitigate harm to children, including bullying, violence, suicide promotion, eating disorders, substance abuse, sexual exploitation, and advertisements for illegal products. Social media platforms would need to provide minors with options to protect their information, disable addictive features, and opt out of personalized algorithmic recommendations. They would also be required to limit communication between children and other users and restrict features that encourage excessive platform usage, such as autoplay for videos or platform rewards.
Support for the legislation has been voiced by several tech companies, including Microsoft, X, and Snap. However, critics, such as Carl Szabo from tech industry group NetChoice, have raised concerns about cybersecurity, censorship, and constitutional risks that they argue remain unaddressed. Meta Platforms, which owns Facebook and Instagram, expressed support for the development of standards but suggested legislation requiring parental approval for teenagers to download apps instead.
Blumenthal and Blackburn have sought to strike a balance between holding companies responsible for the content children encounter online and avoiding excessive regulation that could infringe on freedom of expression. However, critics, including the American Civil Liberties Union, argue that the bill poses privacy threats and draws parallels to book bans and censorship laws. Despite revisions to address some concerns, advocacy groups worry that the legislation could limit access to information on LGBTQ+ issues or reproductive rights. Notably, major LGBTQ+ organizations have not opposed the bill.
The bill also includes an update to child privacy laws, raising the age at which online companies are prohibited from collecting personal information from users from 13 to 17. It would ban targeted advertising to teenagers and provide a mechanism, referred to as an “eraser button,” for minors to delete their personal information.
Sen. Ron Wyden, a staunch advocate for online freedom of speech, voted against the bill due to concerns about the potential censorship of health information for LGBTQ+ teens and the possibility of lawsuits against encryption services that help protect young people from predators.
Sen. Ed Markey, who sponsored the original child online safety law in 1998, collaborated with Sen. Bill Cassidy on the update. Markey emphasized the need for new tools to assist parents as teenagers grapple with mental health challenges.
Throughout the bill’s development, Blumenthal and Blackburn worked closely with parents who have witnessed the harm inflicted on their children through social media platforms. Maurine Molak, the mother of a 16-year-old who died by suicide after enduring relentless cyberbullying, believes the legislation can save lives and implored every senator to vote in favor.