Kids’ online safety bill faces dim prospects of passage this session despite progress

The Kids Online Safety Act (KOSA), a landmark bill aimed at increasing online safety for children, faces significant obstacles in Congress, particularly regarding a ‘duty of care’ provision requiring companies to take reasonable steps to prevent harm. Despite progress in some areas, including removing a preemption clause and shifting to a ‘constructive knowledge’ standard, the central dispute remains over the duty of care. The bill’s fate hinges on whether the Senate can reconcile its version with the House’s, which lacks this provision, amidst intense political pressure and concerns about potential First Amendment violations. Despite a difficult path, advocates, including grieving parents, believe they are closer to a compromise than ever before.