Sens. Ron Wyden, D-Ore., and Cory Booker, D-N.J., on Wednesday blocked a request from Sen. Lindsey Graham, R-S.C., for unanimous consent on a trio of child-online-safety-related bills. On the Senate floor, Graham had the bipartisan support of Senate Judiciary Committee Chairman Dick Durbin, D-Ill., and Sens. Chuck Grassley, R-Iowa; Amy Klobuchar, D-Minn.; John Cornyn, R-Texas; and Josh Hawley, R-Mo. They sought passage of the Earn It Act, the Stop Children Suffering from Abuse and Mistreatment (Stop CSAM) Act and the Shield Act (see 2402060084). However, Wyden objected to passage of the Earn It Act and the Stop CSAM Act because they would “weaken” encryption standards by exposing social media companies to liability for securing messages. Weakening encryption will allow child predators to better track and exploit victims, said Wyden. Meanwhile, Booker objected to the Shield Act, a Klobuchar and Cornyn bill that would establish criminal liability for individuals who share or threaten to share intimate content without consent. Sextortion scams resulted in at least 20 victims, including children, dying by suicide in 2022, Klobuchar noted. Booker said he shares the goal of holding criminals liable, but the bill would create “unintended consequences.” The N.J. Democrat said he’s working with Klobuchar on changes in the bill but didn’t specify his concerns on the floor. There’s no disagreement these bills attempt to address the harm caused by “people who are evil to their core," said Wyden, but he said there’s disagreement about how to address that. Wyden said Congress should pass his legislation increasing resources for investigators and prosecutors (see 2402270069). In addition, Wyden said he agrees child abuse is a “horrible plague on the internet,” and criminals need to be “hunted down and locked up.”
The House Commerce Committee on Thursday unanimously passed legislation (see 2403050051) that could lead to a U.S. ban on the popular Chinese-owned social media app TikTok. The legislation is poised for floor action after gaining public support from House Speaker Mike Johnson, R-La., on Thursday.
The Kentucky House approved a social media bill requiring age verification and setting rules for minors younger than 18. House members voted 94-0 Tuesday for HB-463. Unless a parent consents, a platform would have to limit collection of known minors’ personally identifiable information and restrict minors from making purchases or other financial transactions through the digital service “apart from items protected by the First Amendment,” the bill said. Also, the platform could not share, disclose or sell minors’ personal data, collect their precise geolocation data or show them targeted ads. Among other requirements, the platform would have to try to prevent a known minor’s exposure to obscene content and give supervision tools to parents. The bill will go to the Senate next. In Washington state, the legislature signed off on a bill (SB-5838) establishing an AI task force. The Senate voted 30-19 to concur with House changes and send the final bill to Gov. Jay Inslee (D).
President Joe Biden in his State of the Union address should push for a federal privacy law to settle the debate over myriad privacy proposals around the country, Computer & Communications Industry Association President Matt Schruers said Wednesday. “While states and Congress have expressed interest in a range of measures to protect younger users online, many of the goals could best be solved with consistent federal rules -- rather than inconsistent state initiatives, some of which violate federal law,” he said. Sen. Marsha Blackburn, R-Tenn., announced her guest for the State of the Union will be Gail Flatt, a Tennessee mother whose 14-year-old daughter committed suicide “due to social media harms.” Blackburn called for passage of the Kids Online Safety Act, which she introduced with Sen. Richard Blumenthal, D-Conn. “Far too many young people have fallen victim to social media’s dark and addictive rabbit holes, while Big Tech not only ignores the problem but takes great lengths to exploit users’ data at any cost,” Blackburn said.
President Joe Biden should urge Congress to pass a comprehensive federal privacy law during his State of the Union address Thursday, the Open Technology Institute said Tuesday. Legislation like the House Commerce Committee’s American Data Privacy and Protection Act (see 2310180051) “remains the most effective way to protect all Americans,” OTI said. The ADPPA would be a good foundational step toward regulating AI, OTI added. The organization urged Biden to work with Congress on legislation that holds tech companies accountable for automated decisions driven by social media algorithms. The Algorithmic Accountability Act (see 2309210048) would help “hold companies accountable for automated decision making by requiring impact assessments and increased transparency,” said OTI.
The House Commerce Committee on Thursday will mark up two national security-related bills targeting TikTok, including one from Chair Cathy McMorris Rodgers, R-Wash., and ranking member Frank Pallone, D-N.J.
Bipartisan support seems possible for a Minnesota bill that includes limits on social media, the House Commerce Committee’s lead Republican Rep. Tim O’Driscoll said during a livestreamed hearing Monday. The committee voted unanimously by voice to move the bill (HF-4400) to the Judiciary Committee. The measure, from Chair Zack Stephenson (D), would require more private settings by default on social media networks and for platforms to prioritize content that users prefer and perceive as high quality over posts that gain high engagement from other users. Also, the bill would set limits on how much users, especially new users, can engage with others on social media. Rep. Harry Niska (R) said he would support the measure, though he worries about the "constitutional thicket that we're stepping into." Minnesota should avoid regulating speech, said Niska, adding it might be good to wait for the U.S. Supreme Court to resolve NetChoice lawsuits against Texas and Florida social media laws. Also, Niska disagreed with the bill's inclusion of a private right of action; he favors leaving enforcement solely to the state attorney general. Stephenson aims to keep HF-4400 away from regulating content to avoid constitutional problems, he replied. Also, Stephenson conceded to having “mixed feelings” about the bill allowing private lawsuits and is open to talking more about that. The Chamber of Progress opposes the bill, which "would produce a worse online experience for residents of Minnesota and almost certainly fail in court,” said Robert Singleton, the tech industry group’s director-policy and public affairs for the western U.S. Among other concerns, imposing daily limits on user activity would restrict speech in violation of the First Amendment, the lobbyist said. The Computer & Communications Industry Association raised First Amendment and other concerns with HF-4400 in written testimony.
A possible Florida ban on children using social media gained support in the state's Senate after lawmakers revised the proposal and included parental consent. Senators voted 30-5 for the measure Monday after Gov. Ron DeSantis (R) on Friday vetoed a previous bill (HB-1) that would have banned kids younger than 16 from having social media accounts, regardless of parental consent. However, tech industry groups and some Florida Democrats continue opposing the proposal that would require mandatory age verification.
Florida Gov. Ron DeSantis (R) vetoed a proposed social media ban for kids younger than 16 on Friday. DeSantis earlier raised concerns about HB-1 lacking an option for parents to give their children consent to have social media accounts (see 2402220051). But legislators declined to provide a parental option to override the proposed state ban. He vetoed the measure because lawmakers are "about to produce a different, superior bill," the governor wrote to House Speaker Paul Renner (R). "Protecting children from harms associated with social media is important, as is supporting parents' rights and maintaining the ability of adults to engage in anonymous speech. I anticipate the new bill will recognize these priorities and will be signed into law soon." Renner, who had made the bill a priority, and HB-1 sponsor Rep. Fiona McFarland (R) didn’t comment by our deadline. Meanwhile, the Florida House voted 109-0 Friday for HB-1541, which would require social media platforms that foreign adversaries own to disclose how they curate, personalize and target content and how they treat misinformation and harmful content. The House sent the bill to the Senate, which has a similar measure (SB-1448).
A U.S. Supreme Court decision recognizing the need for social media regulation -- despite First Amendment and Section 230 protections -- would be a “big victory” for Florida and Texas, New York Deputy Solicitor General Ester Murdukhayeva said Thursday.