Kids Online Safety Act

Bill Number

S. 1748

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Science, Technology, Communications

Status

Introduced

Latest Action

2025-05-14: Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S2929-2930)

Last Updated

2026-06-03T11:03:23Z

AI-Generated Summary

Summary of S. 1748: Kids Online Safety Act

Purpose

The legislation aims to enhance the safety of children and minors (individuals under 17) on the internet by requiring online platforms to prevent foreseeable harms, provide protective tools, ensure transparency, and promote accountability. It addresses risks like mental health issues, harassment, exploitation, and addictive design features while preserving user privacy and free speech protections.

Key Provisions

The bill is divided into three titles, focusing on child safety, algorithmic transparency, and legal relationships.

Title I: Kids Online Safety

• Definitions: Establishes terms such as "child" (under 13), "minor" (under 17), "covered platform" (e.g., social media, online games, messaging apps likely used by minors, with exceptions for email, schools, libraries, and government sites), "compulsive usage" (persistent use impacting daily life), and "personalized recommendation system" (algorithms suggesting content based on user data).
• Duty of Care (Sec. 102): Covered platforms must use reasonable care in designing features to prevent harms to minors, including eating disorders, substance use, suicidal behaviors, anxiety/depression from compulsive use, harassment, sexual exploitation, promotion of illegal products (e.g., drugs, gambling), and financial scams. Platforms cannot be forced to block deliberate searches or access to harm-prevention resources.
• Safeguards for Minors (Sec. 103): Platforms must offer easy-to-use tools for minors to limit communication, protect personal data, control addictive features (e.g., infinite scrolling, notifications), opt out of personalized recommendations (defaulting to chronological feeds), and restrict geolocation sharing. Default settings must be the most protective unless a parent overrides. Parental tools allow monitoring and control of settings, time limits, and purchases. Platforms must provide reporting mechanisms for harms (response within 10-21 days based on size) and ban ads for illegal products to minors. Prohibits "dark patterns" (manipulative designs that trick users into disabling protections).
• Disclosure (Sec. 104): Before registration or purchase, platforms must notify minors/parents of safeguards and tools. For children, verifiable parental consent (as under existing children's privacy law) is required. Platforms must explain personalized recommendations and label ads clearly (e.g., disclosing sponsored content).
• Transparency (Sec. 105): Large platforms (over 10 million U.S. monthly users) must issue annual public reports based on third-party audits, covering minor usage stats, time spent, reports received, safeguard effectiveness, and mitigation steps. Reports must be de-identified to protect privacy and consider non-English languages.
• Market Research (Sec. 106): Bans research on children; requires parental consent for minors.
• Age Verification Study (Sec. 107): Directs the Departments of Commerce and Health and Human Services, plus FCC and FTC, to study device-level age verification methods, focusing on privacy, accuracy, accessibility, and competition impacts; report to Congress within one year.
• Guidance (Sec. 108): FTC must issue guidance within 18 months on identifying risky designs, best practices for protections, and the "knowledge" standard (actual or implied awareness of a user's age).
• Enforcement (Sec. 109): Violations treated as unfair/deceptive practices under FTC Act; enforced by FTC with civil penalties. State attorneys general can sue for specific violations (e.g., safeguards), with notice to FTC and potential federal intervention. No state liability for duty of care violations.
• Kids Online Safety Council (Sec. 110): Creates an 11-member advisory body (experts, parents, youth, educators, industry reps) to report to Congress on online risks, mitigation, research, and standards; terminates after three years.
• Effective Date and Rules (Secs. 111-112): Takes effect 18 months after enactment. Clarifies no preemption of existing privacy laws (e.g., COPPA, FERPA); no age verification mandate; allows cooperation with law enforcement; special rules for video streaming and educational uses.

Title II: Filter Bubble Transparency

• Definitions: Covers "online platform" (similar to Title I), "algorithmic ranking system" (AI-driven content selection), "opaque algorithm" (uses non-explicit user data like browsing history), and "input-transparent algorithm" (uses only explicit user inputs like search terms).
• Requirements (Sec. 202): Platforms using opaque algorithms must notify users clearly (one-time pop-up and in terms), disclose key features/inputs without revealing trade secrets, and allow easy switching to input-transparent modes (e.g., chronological feeds). No price discrimination for opting out. Effective one year after enactment; enforced by FTC as unfair practices. Preserves user blocks and educational exceptions.

Title III: Relationship to State Laws; Severability

• State Laws (Sec. 301): Preempts conflicting state rules but allows states to impose stronger protections for minors.
• Severability (Sec. 302): If any part is invalid, the rest remains effective.

Significant Changes to Existing Law

• Introduces a federal "duty of care" for platforms to proactively mitigate harms to minors, building on but not altering Section 230 (internet immunity for user content) or COPPA (children's privacy).
• Mandates default protections, parental tools, and transparency reports, which go beyond current voluntary industry practices or FTC guidelines.
• Adds algorithmic transparency requirements, requiring opt-outs from personalized feeds, a novel federal mandate on "filter bubbles" (echo chambers from tailored content).
• Empowers state attorneys general for enforcement, expanding beyond federal-only oversight in similar areas.

Potential Impacts

• Government Agencies: Increases FTC workload for enforcement, guidance, and audits; creates interagency study and advisory council, potentially straining resources but enhancing coordination on child safety.
• Citizens: Minors gain stronger default protections against addiction, harassment, and exploitation, with easier parental oversight; adults benefit from algorithmic opt-outs for more neutral content. Could reduce exposure to harmful ads and content but may limit personalized experiences.
• Online Platforms: Large tech firms (e.g., social media, gaming companies) face compliance costs for tools, audits, and reports; smaller platforms may be exempt or less burdened. Video streaming services get tailored compliance paths.
• International Relations: Minimal direct impact, though U.S. platforms operating globally may influence international standards for child safety; no explicit foreign policy elements.

Main Stakeholders Affected

• Minors and Children: Primary beneficiaries through safeguards against harms.
• Parents and Guardians: Empowered with tools for monitoring and control.
• Online Platforms and Tech Companies: Operators of social media, games, and apps (e.g., Meta, TikTok, gaming firms) must redesign features and report data.
• Educators and Schools: Exemptions for educational uses; council includes educator reps.
• Government and Regulators: FTC, state AGs, and advisory council members (e.g., health experts, youth advocates, disadvantaged community reps).
• Researchers and Nonprofits: Involved in audits, studies, and council advice; restricted from certain market research.

Notable Legal, Constitutional, or Political Implications

• Legal: Enforcement via FTC's unfair practices authority allows civil penalties without new rulemaking; preserves platform immunities under Section 230 while holding them accountable for designs. State enforcement could lead to varied litigation but with federal oversight to avoid conflicts.
• Constitutional: Explicitly protects First Amendment by prohibiting enforcement based on viewpoints; balances privacy (no mandatory age collection) against safety, potentially facing challenges on compelled speech (e.g., disclosures) or vagueness in "reasonable care."
• Political: Bipartisan sponsorship (e.g., Blackburn, Blumenthal) signals broad support for child protection amid tech regulation debates; advisory council fosters consensus but exempts from advisory committee laws for efficiency. Could set precedent for regulating AI-driven harms without overreach into content moderation.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Blackburn, Marsha [R-TN]

Cosponsors (76)

Sen. Blumenthal, Richard [D-CT], Sen. Thune, John [R-SD], Sen. Schumer, Charles E. [D-NY], Sen. Klobuchar, Amy [D-MN], Sen. Hickenlooper, John W. [D-CO], Sen. Kelly, Mark [D-AZ], Sen. Hassan, Margaret Wood [D-NH], Sen. Heinrich, Martin [D-NM], Sen. Schatz, Brian [D-HI], Sen. Marshall, Roger [R-KS], Sen. Crapo, Mike [R-ID], Sen. Moody, Ashley [R-FL], Sen. Daines, Steve [R-MT], Sen. Cramer, Kevin [R-ND], Sen. Capito, Shelley Moore [R-WV], Sen. Hyde-Smith, Cindy [R-MS], Sen. Luján, Ben Ray [D-NM], Sen. Cornyn, John [R-TX], Sen. Alsobrooks, Angela D. [D-MD], Sen. Ricketts, Pete [R-NE], Sen. Murkowski, Lisa [R-AK], Sen. Sullivan, Dan [R-AK], Sen. Grassley, Chuck [R-IA], Sen. Collins, Susan M. [R-ME], Sen. Welch, Peter [D-VT], Sen. Lankford, James [R-OK], Sen. Young, Todd [R-IN], Sen. Ernst, Joni [R-IA], Sen. Ossoff, Jon [D-GA], Sen. Durbin, Richard J. [D-IL], Sen. Britt, Katie Boyd [R-AL], Sen. Peters, Gary C. [D-MI], Sen. Shaheen, Jeanne [D-NH], Sen. Whitehouse, Sheldon [D-RI], Sen. Banks, Jim [R-IN], Sen. Murphy, Christopher [D-CT], Sen. Tillis, Thomas [R-NC], Sen. Kennedy, John [R-LA], Sen. Curtis, John R. [R-UT], Sen. Wicker, Roger F. [R-MS], Sen. Scott, Rick [R-FL], Sen. Kaine, Tim [D-VA], Sen. Reed, Jack [D-RI], Sen. Mullin, Markwayne [R-OK], Sen. Lummis, Cynthia M. [R-WY], Sen. Cassidy, Bill [R-LA], Sen. Graham, Lindsey [R-SC], Sen. Moran, Jerry [R-KS], Sen. Risch, James E. [R-ID], Sen. Fetterman, John [D-PA] and 26 more

Recent Actions

• 2025-05-14: Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S2929-2930)
• 2025-05-14: Introduced in Senate

Bill Versions

• Kids Online Safety Act — issued 2025-05-14 — PDF (63 pages)