Senate Commerce Prepares to Advance 2 Kids Privacy Bills

The committee listed two bipartisan bills for votes: the Kids Online Safety Act (S-3663) from Sens. Richard Blumenthal, D-Conn., and Marsha Blackburn, R-Tenn., and the Children and Teens’ Online Privacy Protection Act (S-1628) from Sens. Ed Markey, D-Mass., and Bill Cassidy, R-La.

S-3663 creates a duty of care for social media platforms to prevent and mitigate harm to minors, like content promoting self-harm, suicide, eating disorder, substance abuse and sexual exploitation. It allows academics and researchers access to social media datasets “to foster research regarding harms to the safety and well-being of minors.” S-1628 updates the Children’s Online Privacy Protection Act and extends protection to minors under the age of 17, which was previously reserved for those under the age of 13. It bans platforms from collecting personal data from anyone 13 to 15 without user consent, creates an eraser button for young users' personal data and creates a digital marketing bill of rights for minors that limits data collection.

“There’s a lot of support for [the bills], so hopefully we’ll get them out of committee,” Cantwell told us Thursday. She highlighted the need to update covered ages for children’s privacy.

“It’s going to be a big day,” Blackburn told us. “There’s a tremendous amount of support for our legislation.” Blumenthal said he’s “optimistic” about passage and the bipartisan support for both measures. He's a sponsor of Markey’s bill, along with Sen. Cynthia Lummis, R-Wyo. Lummis told us she’s hopeful there will be “support to raise the standard” for Big Tech, so if companies have “constructive knowledge or actual knowledge that someone is being targeted and this person’s lying about their age, that companies will accept a higher standard.”

“I was hoping those bills would get adopted and passed months ago, so I’m hopeful,” Sen. Ben Ray Lujan, D-N.M., told us Thursday. Research and investigation done by Blumenthal and Blackburn culminated in part of the package, and based on the related committee hearings and actions,“it seems clear that there’s support, both sides,” he said.

Ranking member Roger Wicker, R-Miss., said he hasn’t “fully” reviewed the bills. Sen. Brian Schatz, D-Hawaii, said the same. Wicker called it an “encouraging step” that the House Commerce Committee passed his bipartisan privacy bill (see 2207200061) sponsored by Chairman Frank Pallone, D-N.J.; ranking member Cathy McMorris Rodgers, R-Wash.; House Consumer Protection Subcommittee Chair Jan Schakowsky, D-Ill.; and subcommittee ranking member Gus Bilirakis, R-Fla. Asked about the House bill, Schatz said, “I don’t try to pass bills until they arrive in the Senate. We’re still working on [privacy legislation], but I think it’s fair to say the Commerce Committee is consumed by” chips legislation. Cantwell repeated the committee’s focus on getting the Chips+ legislation across the finish line. Senators expect final passage next week, and House Speaker Nancy Pelosi, D-Calif., said the House could also vote next week on the slimmed down version of the chips package.

“I was hoping it would get done this week, but it’s looking like it may drag into next,” Senate Intelligence Committee Chair Mark Warner, D-Va., told reporters Thursday. “But it’s going to get done, and the clear indication is the House will pass it quickly, and we’ll finally, finally make the deadline of getting it to the president’s desk before August.” On whether Senate Majority Leader Chuck Schumer’s, D-N.Y., substitute amendment could get additional changes, Warner said, “I’m very much sympathetic with the leader that once you open Pandora's box, that would probably be the way to slow it down and maybe grind it to a halt.” Sen. Rick Scott, R-Fla., opposes passage: “It’s a complete waste of money. There’s no accountability. We have $30 trillion in debt. It’s not anti-China, it’s pro-China.”