Legislative Background and Origins
The Kids Online Safety Act (KOSA), formally known as the Kids Online Safety and Privacy Act (KOSPA), was first introduced in the U.S. Senate in February 2022 by Senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN). Its development was directly influenced by the 2021 Facebook whistleblower leak, which exposed internal research from Meta (formerly Facebook) demonstrating the negative impact of Instagram on the mental health of minors. This leak prompted a congressional investigation into Big Tech’s practices regarding youth protection, culminating in testimony from Instagram CEO Adam Mosseri before Congress in December 2021. Blumenthal emphasized that the bill’s purpose was not to restrict the internet but to collaborate with social media platforms to safeguard children, framing it as a shared responsibility.
The bill’s legislative journey reflects broader concerns about the mental health crisis among teens linked to social media use. Though both bills were poised for passage near the end of the 117th Congress, they failed to advance. President Joe Biden’s 2023 State of the Union Address, which called for stronger child online safety legislation, reignited momentum for KOSA, leading to its reintroduction in May 2023. Subsequent testimony from whistleblowers, including former Meta engineering director Arturo Beja in November 2023, and a January 2024 Senate hearing with CEOs of major tech platforms (Meta, TikTok, Snap Inc., Discord, and Twitter) further accelerated its progress.
By February 2024, KOSA secured enough Senate support to ensure passage, though a companion bill had not yet been introduced in the House. The Senate combined KOSA with COPPA 2.0 and the Filter Bubble Transparency Act into the Kids Online Safety and Privacy Act (S. 2073), which passed unanimously (91–3) in July 2024. However, the House Energy and Commerce Committee canceled a planned markup session in June 2024 due to disagreements among Republican leaders over a separate privacy bill. Despite advancing out of a subcommittee in September 2024 with amendments that widened gaps with the Senate version, no further action was taken before the end of the 118th Congress. Blumenthal reintroduced KOSA in the 119th Congress in May 2025, where it remains pending.
In December 2025, Representative Gus Bilirakis introduced the Kids Internet and Digital Safety (KIDS) Act, which incorporated KOSA alongside provisions for age verification, stricter controls for minor accounts, and regulations on AI chatbots. The House Energy and Commerce Committee reached a bipartisan agreement on an updated KOSA in June 2026, omitting the ‘duty of care’ standard and preempting certain state laws. This version was included in the KIDS Act, which progressed out of the subcommittee in March 2026.
Key Provisions of the Kids Online Safety Act
Under the bill, platforms would be required to adopt measures to prevent exposure to harmful content, including bullying, violence, suicide promotion, eating disorders, substance abuse, sexual exploitation, and advertisements for illegal products such as drugs, tobacco, or alcohol. The legislation mandates default privacy settings for minors at the highest possible level and prohibits addictive design features, such as autoplay for videos or platform rewards, which studies have linked to excessive screen time and mental health risks.
Platforms would also be obligated to implement tools enabling minors to opt out of algorithmic recommendations, delete their accounts and associated data, and restrict communications from non-minors. Additionally, the bill requires platforms to provide parents with enhanced tools to monitor and protect their children’s online activity, including easier reporting mechanisms for harmful content. Transparency would be enforced through independent third-party audits and public reports detailing harms to minors and efforts to address them.
Enforcement of KOSA’s provisions would primarily fall to state attorneys general, with broader oversight delegated to the Federal Trade Commission (FTC). The FTC would determine what constitutes ‘harmful’ content to children and enforce the duty of care provision. This shift from state attorneys general to the FTC was made in response to concerns from LGBTQ+ advocacy groups, who argued that state-level enforcement could lead to inconsistent or biased interpretations of harmful content.
Relationship with Existing Legislation and Controversies
KOSA builds upon the Children’s Online Privacy Protection Act (COPPA), enacted in 1998 to regulate data collection from minors under 13 without parental consent. The bill’s passage in the Senate in 2024 marked it as the most advanced federal youth online safety legislation in the U.S., though its stalled progress in the House highlights ongoing political and ideological divisions.
Criticism of KOSA has emerged from both liberal and conservative factions. Opponents, including members of the ‘Don’t Delete Art’ (DDA) movement and civil liberties groups, argue that the bill could enable excessive censorship, particularly of content related to marginalized communities, racism, abortion, and transgender issues. Supporters, however, include major tech companies (Microsoft, X, and Snap), mental health organizations (American Academy of Pediatrics, American Foundation for Suicide Prevention), parental rights groups (Common Sense Media, ParentsSOS), and conservative think tanks (The Heritage Foundation). The bill’s bipartisan support in the Senate contrasts with its contentious reception in the House, where Republican leadership has cited concerns over potential overreach and conflicts with state laws.
The legislative history of KOSA reflects broader tensions between regulatory ambition and industry resistance, as well as debates over free speech, parental rights, and the role of technology in youth development.
Required actions
- Would impose a duty of care on platforms to prevent and mitigate harms to minors from design features and recommendation systems - Would require safeguards and parental tools, default protective settings and independent audits of algorithms' effects on minors