In a significant victory for child online safety, the U.S. Senate has overwhelmingly passed a crucial online safety bill package, encompassing the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) and the Kids Online Safety Act (KOSA). This bipartisan legislative effort marks a pivotal step towards enhancing protections for children and teenagers in the digital realm. Spearheaded by Senator Maria Cantwell (D-Wash.), Chair of the Senate Committee on Commerce, Science and Transportation, these bills aim to equip parents with enhanced tools, impose accountability on social media platforms, and establish robust safeguards against online exploitation.
“Americans, and especially our children, are constantly under surveillance online,” stated Senator Cantwell. “Social media companies have been exploiting children’s data for profit through targeted advertising, generating billions annually. COPPA 2.0 and KOSA together represent a paradigm shift, empowering parents to actively protect their children online, ensuring social media companies are held responsible for potential harm, mandating consent for data collection, and prohibiting targeted advertising aimed at minors under 17.”
Senator Cantwell’s persistent advocacy was instrumental in steering COPPA 2.0 and KOSA through the Senate Commerce Committee on two separate occasions, in July 2022 and July 2023. Her dedication involved extensive collaboration with bill sponsors, concerned stakeholders, and families who have tragically experienced the detrimental effects of online harms on their children. This collaborative approach fostered the necessary consensus and bipartisan support to secure the bills’ passage in the Senate.
The Children and Teens’ Online Privacy Protection Act (COPPA 2.0) is designed to modernize online privacy regulations for young users. A core component of COPPA 2.0 is the prohibition against online companies collecting personal information from individuals under 17 without obtaining verifiable parental consent. Furthermore, the act outlaws targeted advertising directed at children and teenagers, acknowledging the vulnerability of this demographic to manipulative marketing practices. Recognizing the need for user control, COPPA 2.0 introduces an “eraser button” feature, enabling both parents and young users to readily delete personal information stored online. To bolster enforcement, the bill also mandates the creation of a dedicated Youth Marketing and Privacy Division within the Federal Trade Commission (FTC), signaling a stronger regulatory focus on children’s online privacy.
Complementing COPPA 2.0, the Kids Online Safety Act (KOSA) introduces a comprehensive framework to mitigate online risks faced by children. KOSA mandates a “duty of care” for online platforms, requiring them to prioritize the safety and well-being of their young users. This includes automatically activating the most protective default settings for children’s accounts. Moreover, KOSA empowers minors with options to safeguard their personal information, disable features designed to be addictive, and opt out of personalized algorithmic recommendations that can expose them to harmful content. By emphasizing platform accountability and user empowerment, KOSA seeks to create a safer and more responsible online environment for children and teens.
Senator Cantwell’s leadership on COPPA 2.0 and KOSA builds upon her broader commitment to data privacy protection. As Chair of the Senate Commerce Committee, she has consistently championed stronger privacy safeguards for all Americans. This commitment is further exemplified by her recent collaboration on the bipartisan American Privacy Rights Act (APRA), unveiled in March 2024. APRA aims to establish a unified national standard for data privacy rights, replacing the current patchwork of state laws. It proposes clear, enforceable rights for individuals regarding their data and includes robust mechanisms for accountability, such as a private right of action against companies that violate these rights.
The Senate passage of COPPA 2.0 and KOSA represents a landmark achievement in the ongoing effort to protect children online. These bills signify a crucial step towards creating a digital world where young users can explore, learn, and connect safely, with appropriate safeguards and parental empowerment at the forefront. As these bills move forward in the legislative process, they hold the promise of a more secure and responsible online experience for children and teenagers across the nation.
