The KOSA Project: Putting LGBTQ+ Youth under the Bus for a New Online Licensing Standard (or a False Expected Law)

Schumer had tried to pass the bills through unanimous consent — an expedited way to pass legislation if no senator opposes it — but late last year, Sen. Ron Wyden (D-OR) announced he’d oppose such a move, due to concerns about the earlier version’s impact on LGBTQ+ content. Still, the bills have overwhelming support that should ensure their success in the chamber so long as they are given the time to proceed. The threshold needed to get into the chamber was cleared for KOSA because they had more than 60 co-sponsors.

But the bill still has its share of critics. The Electronic Frontier Foundation’s Director of Federal Affairs India McKinney, for example, called KOSA in a statement, “an unconstitutional censorship bill that would give the Federal Trade Commission, and potentially state Attorneys General, the power to restrict protected online speech they find objectionable.” Platforms will respond to KOSA’s vague new liability standard by censoring users speech on topics that they deem harmful. KOSA is so ambiguous that different administrations can decide which issues to ban from the political spectrum. Fight for the Future Director Evan Greer said on X that, “Schumer is throwing LGBTQ youth under the bus for a bill that won’t even pass the House just so he can say he’s ‘protecting the kids’ ahead of the election.”

“Over the past few months I’ve met with families from across the country who have gone through the worst thing a parent could endure – losing a child,” Schumer said in a statement. “Rather than retreating into the darkness of their loss, these families lit a candle for others with their advocacy. I am happy that I will work side-by- side with them to have legislation that will protect our children from the harm of social media and other online platforms. It’s been a long road to get this bill passed, but we’re one step closer to success.

The bill was criticized by a wide range of groups due to the idea that social media companies could use the duty of care they had to mitigate harms to kids to target positive resources for marginalized teens. But the sponsors have since quelled concerns for many with changes to the bill’s language including specifying it’s aimed at design features and that elements can’t be enforced by state attorneys general.

If the bill becomes law, it will likely face challenges in the courts, which now must contend with a new Supreme Court opinion, which made clear that social media curation and content moderation is expressive. Blumenthal said he is confident KOSA could survive any challenges. He thought the bill was constitutionally bulletproof.

But Smithing, who said her group withheld support of KOSA until its most recent changes, pointed the limitation section of the duty of care, which lets minors search for what they want and receive “evidence-informed information.” Specifying the bill is aimed at design features, Smithing said, “helps us feel confident that this bill is not about content,” she said.

Social Media and KOSA: A Ugly Supporter of Schumer’s Announcement of the Consumer Protection and Affordable Care Act

She said she is optimistic. I have been tapping into the idea that I am delusional hopeful over the past few months. Smithing said that if he keeps pushing forward then something good will happen. It felt like a day where some of the optimism was realized and a little bit of the delusion was set to the side.

Tracy Ann Bancroft believes that social media was a factor in her son having an eating disorder. “We need this legislation passed urgently,” Bancroft said.

She told lawmakers that she had a story to tell about how social media helped her to get an eating disorder. It feels good to know those talks and days aren’t going to be unanswered with Schumer’s announcement.

Even with possible hurdles ahead, advocates at the press conference appeared relieved, excited, and focused on finishing the job in both the Senate and House.

In a statement, House Speaker Mike Johnson (R-LA), said he is “looking forward to reviewing the details of the legislation that comes out of the Senate. Parents should be given more control on how to protect their children from online dangers. I am committed to working to find consensus in the House.”

Blackburn said they’d had conversations with members in the House, and “visited with House leadership.” She added that, “we look forward to them moving it forward very soon.”

The House will need to take it up if the Senate clears it. The Energy and Commerce committee hearing on the House version of KOSA was scrapped due to concerns with a separate privacy bill. The ranking member on that committee is Frank Pallone. If it passes out of the committee, House leadership would still need to prioritize time for KOSA to get a vote on the floor in short order.

The plea underscores the time crunch the bill faces to reach the president’s desk before the August recess. That’s an important timeline not just because it would be nice for the sponsors to have it squared away before vacation, but also because it is notoriously difficult to pass meaningful legislation after August in an election year.

Bill sponsors and advocates held a press conference Tuesday to plead with other senators to vote in favor of the bill. Sen. Richard Blumenthal (D-CT), a lead sponsor of the bill along with Sen. Marsha Blackburn (R-TN), said he hoped the floor vote would be “quick and clean” and “without amendments.”