Senate Commerce Committee passes Kids Online Safety Act with duty of care provision

The Senate Commerce Committee unanimously passed the Kids Online Safety Act (KOSA), which aims to protect children online. The bill, which has 76 cosponsors, includes a "duty of care" provision requiring platforms to prevent harm, a key difference from the House version. While sponsors are optimistic, the bill's path is uncertain due to these differences and opposition from civil liberties groups concerned about censorship.

KOSA committee passage

• ▪KOSA advanced from the committee alongside other measures, including a bill requiring AI companies to implement privacy safeguards in chatbots
• ▪The Kids Online Safety Act (KOSA) passed the Senate Commerce, Science and Transportation Committee on August 5, 2026
• ▪The committee vote on the Kids Online Safety Act was unanimous
• ▪The bill aims to establish protections for children's online safety, including parental controls and studies on social media's impact on kids' well-being

Duty of care provision

• ▪The Senate version of KOSA includes a "duty of care" provision requiring social media platforms to prevent harm to children from their design features
• ▪The "duty of care" provision applies to platforms such as Meta, Snapchat, and TikTok

Bipartisan sponsorship

• ▪The Kids Online Safety Act has strong bipartisan support, with 76 cosponsors in the Senate
• ▪KOSA was introduced by Sen. Marsha Blackburn (R-Tenn.) and Sen. Richard Blumenthal (D-Conn.)

House-Senate differences

• ▪Senators Blackburn and Blumenthal criticized the House version for removing the "duty of care," calling it a "pale imitation of Big Tech accountability."
• ▪The House of Representatives passed a different version of KOSA in June 2026 that does not include the "duty of care" provision

Legislative outlook

• ▪The bill's path to becoming law is uncertain due to disagreements with the House and limited legislative days before the November midterm elections
• ▪Civil liberties groups, including the ACLU and FIRE, oppose KOSA, arguing it could jeopardize user privacy and lead to government censorship
• ▪Sen. Ted Cruz (R-Texas), the committee chair, is confident KOSA will pass the full Senate and eventually be signed into law
• ▪A previous version of KOSA passed the Senate in 2024 but did not become law