House Advances Children’s Privacy Bills Amid Legislative Challenges

In late July, the Senate passed two significant bills aimed at enhancing children's online privacy with a strong bipartisan vote of 91-3. Following this, the House Energy and Commerce Committee successfully advanced their versions of the Kids Online Safety Act and the Children and Teens’ Online Privacy Protection Act. This progress was a notable achievement for Chair Cathy McMorris Rodgers, who had previously faced setbacks in moving these bills forward. However, the House's revisions, particularly regarding the 'duty of care' for social media platforms, have raised concerns about the strength of the legislation. The changes made by House Republicans were intended to mitigate potential First Amendment challenges from tech companies, but some Democrats, including Rep. Frank Pallone, expressed that these modifications weakened the overall effectiveness of the bills. Despite the committee's approval, the path to finalizing the legislation remains uncertain, with House leadership showing hesitance to bring the measures to a full vote. The House Freedom Caucus has also voiced apprehensions regarding the potential infringement on First Amendment rights, adding to the complexity of the situation. As the legislative session progresses, the best opportunity for these bills to become law may lie in the lame duck session following the upcoming elections, although the timeline is tight. Negotiations between the House and Senate will be crucial, as any successful passage may require attaching the bills to other advancing legislation. While there is a growing interest in addressing children's online privacy, significant challenges remain, and compromise will be essential for any legislative success.