On Tuesday, the Senate passed a significant piece of legislation aimed at safeguarding children from perilous online content, marking what could be the first substantial move by Congress in decades to hold technology firms accountable for their detrimental impact.
The bill, which received a 91-3 vote, has been championed by parents whose children tragically died by suicide due to online bullying or encountered harm online. It mandates that companies take appropriate measures to prevent online threats on platforms commonly used by minors, requiring them to maintain a “duty of care” and default to the safest possible settings.
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While the House has yet to address the bill, Speaker Mike Johnson, R-La., has expressed his commitment to achieving consensus. Advocates are optimistic that the strong vote from the Senate will prompt action from the House before the congressional session concludes in January.
Isabella Cimato, 17; Arianna Schaden, 14; and Sofia Harrison, 15, use their phones at Roosevelt Field shopping mall in Garden City, N.Y., on July 27, 2015. The last congressional law aimed at protecting children online was enacted in 1998, long before Facebook, the iPhone, and before the oldest teenagers today were born. (AP Photo/Seth Wenig, File)
The legislation aims to empower children, teenagers, and parents “to reclaim control of their online experiences,” according to Democratic Sen. Richard Blumenthal of Connecticut, who co-authored the bill with Republican Sen. Marsha Blackburn of Tennessee. He emphasized that the intent behind this legislation is to convey to major tech firms that “we can no longer rely on you to make decisions on our behalf.”
This bill represents the first significant move toward technology regulation in years and could clarify the path for future bills aimed at enhancing online privacy laws or regulating the increasing use of artificial intelligence, among other issues. While there has been consistent bipartisan support for the need for increased government oversight of major technology firms, establishing a definitive approach has proven challenging. Earlier this year, Congress enacted legislation requiring the China-based social media platform TikTok to either sell off its U.S. operations or face a ban, but that action was focused solely on one company.
“This is a promising first step, yet more work lies ahead,” stated Senate Majority Leader Chuck Schumer, D-N.Y.
Should the child safety bill be enacted, companies would have a legal obligation to alleviate harm to children, which includes addressing issues such as bullying, violence, suicide promotion, eating disorders, substance abuse, sexual exploitation, and advertising for illegal items like narcotics, tobacco, or alcohol.
To comply, social media platforms would need to offer minors privacy options, disable addictive features, and allow users to opt out of personalized algorithmic suggestions. Furthermore, they would have to restrict communication from other users to children and curtail features that “enhance or prolong the engagement” on the platform, such as auto-playing videos or gamification rewards.
The intention, according to Blumenthal and Blackburn, is for these platforms to be “safe by design.”
“The message we are sending to big tech is that children are not your commodity,” Blackburn affirmed during a news conference as the bill passed the Senate. “Kids are not a source of profit for you. We are committed to their protection in the digital landscape.”
Several technology companies, including Microsoft, X, and Snap, have expressed their support for the legislation. However, NetChoice, which represents X, Snap, Google, TikTok, and Meta Platforms, has criticized the bill as unconstitutional.
Carl Szabo, a vice president and legal advisor for NetChoice, stated that the law presents “unaddressed cybersecurity, censorship, and constitutional risks.” He did not provide further details.
Blumenthal and Blackburn have stated their commitment to balancing the responsibility of companies concerning what children encounter online while ensuring that regulation does not overreach into what individuals can post—an effort to mitigate possible legal challenges and win over lawmakers concerned about freedom of expression.
In addition to First Amendment worries, some critics contend that the legislation could deny children access to vital information regarding LGBTQ+ issues or reproductive rights. The bill has been adjusted to address many of these concerns, leading major LGBTQ+ advocacy organizations to support the proposed legislation.
The bill also revises child privacy laws to prevent online companies from collecting personal data from users under 13, raising that baseline to 17. It would also prohibit targeted advertising toward teenagers and grant minors or their guardians the ability to delete a minor’s personal information.
Massachusetts Sen. Ed Markey, who sponsored the original legislation back in 1998—the last time Congress introduced a law for child online safety—collaborated with Republican Sen. Bill Cassidy of Louisiana to update it. Markey stated that the online environment “has evolved significantly” since that legislation, requiring new tools for parents as adolescents face increasing mental health challenges.
As their bill faced delays for months, Blumenthal and Blackburn worked closely with parents whose children have suffered harm involving social media—whether through cyberbullying, social media challenges, extortion attempts, eating disorders, drug-related activities, or other risks. At an emotionally charged news conference last week, these parents expressed their gratitude that the Senate is finally advancing the legislation.
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Maurine Molak, the mother of a 16-year-old who tragically died by suicide after enduring “months of relentless and threatening cyberbullying,” believes this bill has the potential to save lives. She urged all senators to support it.
“Anyone who believes in prioritizing the well-being and safety of children over the greed of big tech should support this historic legislation,” Molak asserted.
