A leading kids safety bill has been poison pilled, supporters say | The VergeSkip to main contentThe homepageThe VergeThe Verge logo.The VergeThe Verge logo.TechReviewsScienceEntertainmentAIHamburger Navigation ButtonThe homepageThe VergeThe Verge logo.Hamburger Navigation ButtonNavigation DrawerThe VergeThe Verge logo.Login / Sign UpcloseCloseSearchTechExpandAmazonAppleFacebookGoogleMicrosoftSamsungBusinessCreatorsMobilePolicySecurityTransportationReviewsExpandLaptopsPhonesHeadphonesTabletsSmart HomeSmartwatchesSpeakersDronesScienceExpandSpaceEnergyEnvironmentHealthEntertainmentExpandGamesTV ShowsMoviesAudioAIVerge ShoppingExpandBuying GuidesDealsGift GuidesSee All ShoppingCarsExpandElectric CarsAutonomous CarsRide-sharingScootersOther TransportationFeaturesVideosExpandYouTubeTikTokInstagramPodcastsExpandDecoderThe VergecastVersion HistoryNewslettersExpandThe Verge DailyInstallerVerge DealsNotepadOptimizerRegulatorThe StepbackArchivesStoreSubscribeFacebookThreadsInstagramYoutubeRSSThe VergeThe Verge logo.A leading kids safety bill has been poison pilled, supporters sayComments DrawerCommentsLoading commentsGetting the conversation ready...PolicyClosePolicyPosts from this topic will be added to your daily email digest and your homepage feed.FollowFollowSee All PolicyReportCloseReportPosts from this topic will be added to your daily email digest and your homepage feed.FollowFollowSee All ReportPoliticsClosePoliticsPosts from this topic will be added to your daily email digest and your homepage feed.FollowFollowSee All PoliticsA leading kids safety bill has been poison pilled, supporters sayAdvocates warn that overriding state laws is worse than doing nothing at all.Advocates warn that overriding state laws is worse than doing nothing at all.by Lauren FeinerCloseLauren FeinerSenior Policy ReporterPosts from this author will be added to your daily email digest and your homepage feed.FollowFollowSee All by Lauren FeinerDec 3, 2025, 4:57 PM UTCLinkShareLauren FeinerCloseLauren FeinerPosts from this author will be added to your daily email digest and your homepage feed.FollowFollowSee All by Lauren Feiner is a senior policy reporter at The Verge, covering the intersection of Silicon Valley and Capitol Hill. She spent 5 years covering tech policy at CNBC, writing about antitrust, privacy, and content moderation reform.Last year, the House of Representatives was the place where a leading kids online safety bill came to die. On Tuesday, a powerful House committee positioned itself as the place where that bill could be resurrected… along with 18 other proposals.During a three-hour hearing, an Energy and Commerce subcommittee discussed 19 bills recently packaged together in an effort to make the internet safer for kids. They include a mix of official and draft legislation, including a reworked version of the Kids Online Safety Act (KOSA) — the Senate bill that was denied a vote in the House last year after passing 91-3 in the upper chamber — and the App Store Accountability Act, which would federalize an age verification model that’s taken hold in several states.But so far, the compromise solution lawmakers came up with seems to satisfy no one. KOSA was introduced without its signature element, a “duty of care” for tech platforms to avoid contributing to certain mental health disorders. It added a more expansive preemption standard that bars states from enacting or enforcing any law that relates to the same provisions as the federal bill. And the bills that joined KOSA — particularly the App Store Accountability Act — could prove just as controversial as it has been.The fiercest advocates for the Senate’s version of KOSA called the House version a “Poison-Pill” and “non-starter”The fiercest advocates for the Senate’s version of KOSA called the House version a “Poison-Pill” and “non-starter.” Longtime opponents are tepidly glad for the changes, but worry about the replacement language and the new focus on age verification, which poses privacy and surveillance concerns. Everyone seems to be mad at the (already dwindling) prospect of the bills being reportedly lumped together with preemption of state AI regulations, and the rushed package release left both sides with little time to digest the 19 bills the committee dropped just before jetting off for Thanksgiving.At the start of the hearing, the committee’s House leaders tried to explain their revisions. Without the changes, they said, KOSA could be blocked in court for violating the First Amendment, a fate that’s befallen similar state laws. “A law that gets struck down protects no one,” E&C Chair Brett Guthrie (R-KY) said, echoing insistence from commerce subcommittee chair and KOSA co-sponsor Gus Bilirakis (R-FL) not to “mistake durability for weakness.”But that was little comfort to many original KOSA supporters in the room, including parents who lost kids after encountering online harms. Deb Schmill, whose teen daughter Becca died from fentanyl poisoning after obtaining drugs with the help of a social media platform, told The Verge she doesn’t buy the representatives’ explanation, but blames House leadership for putting the panel leaders in a “difficult situation.”“A law that gets struck down protects no one.”Part of the problem is simply intense disagreements over how to protect kids on the internet. Supporters of KOSA, for example, believe that placing the responsibility on tech platforms not to surface content to kids that will encourage eating disorders or stoke depression could save lives. But critics, ranging from House Speaker Mike Johnson (R-LA) to LGBTQ+ and privacy advocates, have expressed concern that partisan enforcers could weaponize language meant to shield kids from harm to chill legal speech, and could end up stifling resources meant to mitigate the same harms targeted in the bill.But even besides the gutting of the duty of care, KOSA supporters were most upset by its beefed up preemption clause they fear could stifle states’ abilities to craft additional protections at a time when technology is rapidly advancing. “Passing this shell of a bill is worse than inaction,” Haley McNamara, executive director of the National Center on Sexual Exploitation (NCOSE), said in a statement. “All current state online child protection laws are in jeopardy.” ParentsSOS, a coalition of 20 families who lost kids to online harms, vowed to “vocally oppose the package” if it includes a weakened version of KOSA that preempts “good state laws.”“Passing this shell of a bill is worse than inaction.”The hearing focused significantly on multiple proposals to require app stores to verify users’ ages, which in some cases appear to directly contradict one another. While the App Store Accountability Act requires app store operators to verify users’ ages using methods beyond self-reported birth dates, a discussion draft of the Parents Over Platforms Act, for example, lets users simply enter their age when signing up for the store, a method that more closely tracks an alternative model recently passed in California.Rep. John James (R-MI), the House sponsor of the App Store Accountability Act, told The Verge after the hearing that it was an “and both, rather than an either or approach,” when it came to the two bills, and said “bipartisanship” was the element he’d like to add to his bill.Lawmakers seem to see app store-level age verification as an elegant solution that doesn’t require hundreds of apps to directly solicit sensitive information from users. But critics worry some versions of the legislation will require users to disclose more data and potentially chill speech. And though some KOSA advocates like the idea, they generally don’t see it as sufficient on its own.Rep. Kathy Castor (D-FL), who co-sponsored the prior House version of KOSA that included the duty of care, told The Verge that while it’s good to have several tools to tackle the issue, age verification bills may not be as immediately impactful as a strong version of KOSA. “I don’t think that age verification technology is as well-vetted,” she said. “What we do have though is in KOSA, a duty of care that would apply to the tech company’s responsibility to design their products with an eye towards the well-being of kids.”KOSA’s opponents share some of the same concerns. “Everyone on every side of KOSA, of age verification, of these issues in general have a shared frustration in what tech companies are able to do to us every day,” said Sarah Philips, a campaigner at Fight for the Future — which supports solutions like antitrust regulation and comprehensive privacy protections over playing “whack-a-mole” with content and algorithms. “The question is the approach.” At the hearing, Rep. Kat Cammack (R-FL) expressed frustration that her proposal to inject more app store competition by forcing large platform operators to let users set different default stores was not included in the package.The House is only in session for 10 more days until members go home for the holiday break, and when they return, bipartisan wins could get harder to notch as the 2026 midterms creep up. Bilirakis told The Verge that as far as he was aware, the bills would not be included in the year-end defense bill. He said a markup of the kids package, where committee members would vote on advancing the bills, likely wouldn’t happen until next year.Even if the House managed to pass its versions of the bills, there would undoubtedly be a fight in the Senate. Senate authors for KOSA and COPPA 2.0 have already expressed their disappointment at what they see as weakened versions.“I am just frustrated that Congress is giving all of us crumbs, rather than actually doing what needs to be done,” Philips said, “and honestly, doing what needed to be done 20 years ago that might’ve prevented us from being in this situation we are right now.”Here’s a brief summary of each of the bills in the package:Children and Teens’ Online Privacy Protection Act (COPPA 2.0): A bill that would raise the age of online privacy protections and bans targeted advertising to kids and teens under 17, but changes some details that the Senate sponsor claims weakens it.Kids Online Safety Act (KOSA): A draft bill that strips the duty of care from the version that passed 91-3 out of the Senate last year. It’s replaced with a requirement to maintain policies and procedures to address a short list of harms to minors including physical violence threats and sexual abuse. Reducing Exploitative Social Media Exposure for Teens (RESET) Act: A draft bill that would ban social media platforms from letting kids and teens under 16 make or hold accounts.Sammy’s Law: A bill that would mandate large social media platforms give parents a way to use third-party software on their kids’ accounts to manage their “online interactions, content, and account settings.”App Store Accountability Act: A federal version of a law passed in states like Utah and Texas that would make app stores the central age verification player, and pass an age range signal onto apps.Shielding Children’s Retinas from Egregious Exposure on the Net (SCREEN) Act: A bill that would require age verification to access pornography online.Safe Social Media Act: A draft bill that would require the Federal Trade Commission to study teens’ social media use. Algorithmic Choice and Transparency Act: A draft bill that would require online platforms disclose when they use a personalized content recommendation system and let users choose an alternative.No Fentanyl on Social Media Act: A draft bill that would mandate the FTC submit a report to Congress on how minors access fentanyl through online platforms. Promoting a Safe Internet for Minors Act: A draft bill that would require the FTC to organize an education campaign about best practices to protect kids online.Safeguarding Adolescents From Exploitative (SAFE) Bots Act: A draft bill that would require AI chatbots to clearly state they’re not human and provide suicide prevention resources when a user brings up suicidal ideation.Kids Internet Safety Partnership Act: A draft bill that would create a group of federal agencies and stakeholders tasked with studying risks and benefits to minors using online services and apps to come up with best practices.AI Warnings And Resources for Education (AWARE) Act: A bill that would direct the FTC to create educational materials about safe use of AI chatbots.Safer Guarding of Adolescents from Malicious Interactions on Network Games (GAMING) Act: A draft bill that would require online video game platforms to offer certain safeguards and parental controls, like limiting interaction with other users.Assessing Safety Tools for Parents and Minors Act: A draft bill that would require the FTC to assess and submit a report to Congress about the existence and effectiveness of industry efforts to safeguard kids on their platforms. Stop Profiling Youth and (SPY) Kids Act: A draft bill that would ban online platforms from performing market research on kids’ accounts.Safe Messaging for Kids Act: A draft bill that would ban ephemeral messaging (which disappears after a set amount of time), like the kind popularized by Snapchat, for kids. Don’t Sell Kids’ Data Act of 2025: A draft bill that would ban data brokers from collecting or using kids’ data. Parents Over Platforms Act: A draft bill that resembles aspects of California’s recently passed version of an app store age assurance law.Follow topics and authors from this story to see more like this in your personalized homepage feed and to receive email updates.Lauren FeinerCloseLauren FeinerSenior Policy ReporterPosts from this author will be added to your daily email digest and your homepage feed.FollowFollowSee All by Lauren FeinerPolicyClosePolicyPosts from this topic will be added to your daily email digest and your homepage feed.FollowFollowSee All PolicyPoliticsClosePoliticsPosts from this topic will be added to your daily email digest and your homepage feed.FollowFollowSee All PoliticsReportCloseReportPosts from this topic will be added to your daily email digest and your homepage feed.FollowFollowSee All ReportSpeechCloseSpeechPosts from this topic will be added to your daily email digest and your homepage feed.FollowFollowSee All SpeechMore in: Congress moves forward on kids online safetyDiminished FTC independence looms over kids safety lawmaking.Lauren FeinerDec 2Apple offers its take on app store age verification.Lauren FeinerDec 2‘A law that gets struck down protects no one.’Lauren FeinerDec 2Most PopularMost PopularOpenAI declares ‘code red’ as Google catches up in AI raceSteam Machine today, Steam Phones tomorrowSilicon Valley is rallying behind a guy who sucksHBO Max’s Mad Men 4K release is the opposite of a remasterMKBHD is taking down his wallpaper appThe Verge DailyA free daily digest of the news that matters most.Email (required)Sign UpBy submitting your email, you agree to our Terms and Privacy Notice. 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The proposed Kids Online Safety Act (KOSA) is encountering significant resistance, largely due to what advocates are calling a “poison pill” approach to regulating online content and platforms targeting children. The legislation, spearheaded by House Commerce Committee Chair Brett Guthrie (R-KY) and co-sponsored by Gus Bilirakis (R-FL), is aiming to establish a framework for protecting minors online. However, the current iteration significantly departs from the Senate-passed version, stripping out the crucial “duty of care” provision – a requirement that tech platforms proactively avoid contributing to harms like eating disorders or depression in young users. This removal, coupled with the expanded preemption clause, which effectively allows the federal government to override state laws, has fueled considerable criticism.

The core argument against the House version centers on its potential to stifle free speech and innovation. Opponents, including parents who have lost children to online tragedies like fentanyl poisoning, view the legislation as premature and overly broad. As Deb Schmill, executive director of the National Center on Sexual Exploitation (NCOSE), articulated, “A law that gets struck down protects no one.” The concern isn’t simply about restricting platforms, but about the potential for government overreach and the chilling effect on legitimate online activities. Critics argue the preemption clause, in particular, sets a dangerous precedent, potentially undermining states’ efforts to tailor regulations to specific local needs.

Several other proposed bills within the package further complicate the situation. The App Store Accountability Act, intended to federalize an age verification model currently being implemented in states like Utah and Texas, raises significant privacy concerns due to its mandate for app stores to collect and verify user ages. Alongside concerns over the duty of care, the proposals touch on other contentious areas, such as banning social media accounts for minors (RESET Act), mandating parental controls on video games (GAMING Act), and restricting data collection from children’s online accounts. The scope of the package, with 19 bills bundled together, creates a chaotic landscape that has left lawmakers and advocates struggling to grasp the full implications.

Regarding the speed of the legislative process, the situation is further complicated by the impending year-end deadline. House leaders, like Guthrie and Bilirakis, insist a robust bill is necessary to protect children, arguing that a weakened version – the current KOSA – would be rendered ineffective. However, the rushed release of the package, coupled with Thanksgiving break approaching, has provided little time for thorough scrutiny or bipartisan discussion. As Rep. Kathy Castor (D-FL), a co-sponsor of the prior House version of KOSA, noted, “I don’t think that age verification technology is as well-vetted.”

Ultimately, the legislative impasse underscores a fundamental disagreement about how to address the challenges of online safety for children. The current trajectory, as perceived by critics like Haley McNamara of NCOSE, risks “passing this shell of a bill is worse than inaction.” The debate highlights the complex interplay between free speech, consumer protection, and the rapidly evolving landscape of digital technologies.