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A ‘Decisive’ Step

KOSA, Kids Bills Advance to Full House Commerce Committee

The House Commerce Subcommittee passed several kids-related bills Thursday, setting up votes from the full House Commerce Committee, as expected (see 2512090058).

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The subcommittee passed the Kids Online Safety Act (KOSA (HR-6484) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) (HR-6291) on party line votes, with Democrats calling them watered-down versions of bipartisan bills introduced in 2024.

The subcommittee passed by voice vote HR-6333, the Parents Over Platforms Act, a bipartisan measure that would require app stores and developers to verify user age and block objectionable content. The subcommittee also advanced a bill from ranking member Frank Pallone, D-N.J., by voice vote. Pallone's Don’t Sell Kids’ Data Act (HR-6292) would ban data brokers from selling minors’ data and allow parents and teens to file data deletion requests with apps and platforms.

Pallone and Rep. Kathy Castor, D-Fla., called out the House Republican version of KOSA, noting it lacks the Senate’s duty of care, attempts to preempt similar measures at the state level and features a weaker knowledge standard. Castor said the latest version of COPPA 2.0’s attempt to preempt kids’ privacy laws at the state level is a “betrayal” of the bipartisan work put into the original bill. She described the House Republican bills as a “wink-wink, nod-nod” to the tech industry, rather than serious attempts to regulate. KOSA passed on a 13-10 vote, and COPPA 2.0 on a 14-0 tally.

“Kids’ safety is too important to get it wrong,” said Pallone, raising concerns about federal preemption and the knowledge standard.

House Commerce Committee Chairman Brett Guthrie, R-Ky., called Thursday’s votes a “decisive” step toward better protecting children online. He said the committee is focused on modernizing COPPA and extending existing privacy protections to teen users.

House Commerce Subcommittee Chairman Gus Bilirakis, R-Fla., who introduced KOSA without Castor’s support, called it a “strong proposal with concrete safeguards.”

Rep. Lori Trahan, D-Mass., said KOSA and COPPA 2.0 are a “continuation” of the status quo, which puts the responsibility of child safety solely on parents. The preemption provisions would undermine the work being done at the state level with weaker federal standards, she said.

Reps. Jake Auchincloss, D-Mass., and Erin Houchin, R-Ind., introduced HR-6333, the Parents Over Platforms Act. It would ensure app stores and developers share responsibility for age assurance and blocking high-risk content for minors, said Houchin. Violations of the bill would be treated as unfair or deceptive acts and practices under the FTC Act.

Guthrie noted that he met with representatives from Apple on Wednesday and told them there must be an easy way for parents to control what kind of content reaches teens and children, and HR-6333 appears to offer that solution. Apple said it has the capability, and it’s doing that, but “I want to put it in statute that they do it,” he said.

Pallone said his HR-6292 would stop “shadowy” data brokers from selling minors’ data. Rep. Gabe Evans, R-Colo., raised concerns on behalf of Republicans about the bill’s potential for impeding law enforcement access to children’s data when investigating sexual predators. Evans noted the National Sheriffs Association admires the intent of the bill but said police depend on third-party data in investigations. Guthrie said he wants to further examine the bill with Pallone and work on a potential carveout for law enforcement.