Blumenthal Seeks Kids' Bill Passage Without Amendments

The Senate should pass kids’ privacy legislation without amendments, Sen. Richard Blumenthal, D-Conn., told us Wednesday.

Senate Majority Leader Chuck Schumer, D-N.Y., said he’s looking forward to Thursday’s cloture votes on the Kids Online Safety Act (S-1409) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) (S-1418) (see 2407230052). Senators have had “plenty of time” to offer input, and grieving parents are “fed up” with the lack of congressional action, Schumer said. His office didn’t comment on the prospect of amendments. Sens. Ron Wyden, D-Ore., and Rand Paul, R-Ky., told us they remain opposed to KOSA (see 2407160056).

“There’s really no need for amendments” given the “thorough” drafting of the bills, said Blumenthal, the lead Democrat on KOSA. “It should be quick and clean.” The Senate Commerce Committee passed the two bills unanimously in July 2023 (see 2307270058).

Paul told us Wednesday the bills have “fundamental flaws,” and “alarmists” are trying to regulate social media in a way that’s inconsistent with regulation of traditional media like broadcast television. KOSA “is a well-intended, terrible” bill that will be struck down as unconstitutional or will lead to unintended consequences, Paul insisted. He spoke against establishing a committee to regulate social media content and censor legitimate speech, citing two potential examples: sports content censored for children due to gambling ads and climate change content being censored because it makes young people like climate change activist Greta Thunberg “anxious.”

Wyden said he supports COPPA 2.0 but remains opposed to KOSA. Schumer has “worked very hard” with Senate Commerce Committee Chair Maria Cantwell, D-Wash., to get the bills ready for the floor, but concerns about KOSA remain, he said. One of the most significant impacts is the potential for KOSA to result in censorship of LGBTQ-related content, Wyden said.

Fight for the Future on Tuesday issued a statement warning the bill could allow a potential Trump administration FTC to target content about “gender affirming care, abortion, racial justice, climate change, or anything else that a Project 2025 infused agency is willing to claim makes kids ‘depressed’ or ‘anxious.’” Fight for the Future signed onto a letter with nearly a hundred other groups in opposition, including R Street Institute, the Center for Democracy & Technology, New America’s Open Technology Institute, TechFreedom and Copia Institute.

“These are very difficult issues,” Wyden said. Ultimately, the objective should be to protect child safety without sacrificing civil liberties, he added.

Sen. Josh Hawley, R-Mo., said Schumer must be “pretty confident” there are 60 votes for passage if he’s willing to devote the floor time. “This is an important step in putting parents back in charge of safety and security online,” he said. Whether the House will take up the companion bills is an open question (see 2404100059), Hawley added.

Schumer in his floor remarks Wednesday described meetings with parents of children who have died by social media-related suicides or from drug overdoses. “I am very hopeful that we can pass these bills through the chamber,” he said. “I’ve worked closely with members on both sides to get these bills ready for the floor.” Sen. Alex Padilla, D-Calif., said Wednesday leadership was still deciding on whether to allow amendments.