Proposed Legislation Aims to Shield Children Online Amid Growing Far-Right Opposition to Trans Youth

Following the Senate’s substantial approval on Tuesday regarding the most notable new online safety regulations for children in years, it marked a significant win for parents who hold social media responsible for harming – and sometimes even causing fatalities among their children.

While the legislation dubbed the Kids Online Safety and Privacy Act has garnered bipartisan support with a 91-3 vote, concerns have been raised by civil rights groups and free speech advocates. They fear that the bill may result in censorship of politically controversial topics online and restrict minors, especially transgender youth, from accessing essential information.

Prior to the Senate’s resounding vote, Majority Leader Chuck Schumer from New York hailed the day as “momentous,” forecasting what he anticipated to be “perhaps the most crucial updates in decades to federal laws” intended to safeguard children online. The regulations include prohibiting tech companies from delivering targeted ads to children, gathering personal information from adolescents, and allowing young users to opt out of personalized algorithm recommendations.

“Too many children are subjected to relentless online bullying, have their personal data collected and misused,” Schumer emphasized in support of the bill. He further added, “And regrettably, too many families have lost children due to their encounters on social media.”

The bill will now move to the House for further deliberation when representatives reconvene from their six-week summer recess on September 9. Passage of the Kids Online Safety and Privacy Act could potentially revolutionize the online experiences of young individuals – and everyone else.

Despite strong support for the legislation in Washington, critics spanning the political spectrum have voiced opposition citing concerns about the bill’s “duty of care” provision. They argue that this bipartisan legislation, which mandates tech companies to adopt “reasonable” measures in product design to reduce harm like cyberbullying and eating disorders, could potentially lead to censorship or at least influence constitutionally protected speech.

Advocates working in the realms of civil and LGBTQ+ rights have joined forces to express their reservations about the bill. In a Zoom call on Tuesday, Dara Adkison, the executive director of TransOhio, a nonprofit resource center for transgender youth, together with other advocates, outlined their opposition to the bill, indicating how it could restrict teens’ access to information, particularly content relevant to transgender youth.

In a recent push lobbying against the bill, the American Civil Liberties Union gathered around 300 young individuals to meet with lawmakers on Capitol Hill aiming to address their apprehensions about the legislation. During the call on Tuesday, Jenna Levantoff, the senior policy counsel for the civil rights group, highlighted the potential negative impacts on naturally curious students.

The Kids Online Safety and Privacy Act has garnered endorsement from various quarters, including the Heritage Foundation, a conservative think tank, which views the legislation as a means to block content geared towards LGBTQ+ youth. The group emphasized that keeping transgender content away from children is essential for their safety.

Among the supporters of the bill is the nonprofit Fairplay for Kids, which has amplified the voices of parents who have witnessed cyberbullying and online child sexual exploitation targeting their children.

Josh Golin, executive director of the organization, mentioned in a statement on Tuesday that the legislation would compel tech giants to end practices that have contributed to a mental health crisis and cost numerous children their lives.

The organization has distanced itself from “transphobic and homophobic activists” aiming to weaponize the bill while advocating for amendments that address LGBTQ+ concerns. The revised bill shifts enforcement responsibility from state attorneys general to the Federal Trade Commission to address these issues.

‘More harm than good’

The Kids Online Safety and Privacy Act emerges during a period of bipartisan accusations against social media platforms like Instagram and TikTok for adversely affecting children’s well-being and, in extreme cases, leading to self-harm. Recent revelations during congressional testimony by Meta whistleblowers have further highlighted the negative impact of platforms such as Instagram on younger users.

Research findings on social media’s impact on youth well-being remain contentious, with divergent views on its effects. Notably, a recent analysis by the National Academies of Sciences, Engineering, and Medicine cited insufficient evidence to conclusively link social media use to adolescent well-being at a population level.

The Senate’s approval of the bill consolidates two previous legislative initiatives into a single comprehensive package, omitting a controversial provision that sought to restrict minors from social media access. This exclusion was met with resistance from education groups, resulting in three opposing votes from Senators Ron Wyden, Rand Paul, and Mike Lee.

While hailed by some, concerns persist regarding the bill’s potential unintended consequences. The Software and Information Industry Association voiced apprehensions that the duty of care provision could exacerbate problems by necessitating aggressive content filtering by tech companies, potentially jeopardizing user privacy.

In addition to potential privacy concerns, educational establishments could face challenges due to the bill’s provisions, according to an analysis by the Public Interest Privacy Center. The rules might limit students’ engagement with adaptive learning tools and personalized content, impacting their educational experience.

During discussions surrounding the bill, Evan Greer, director of Fight for the Future, highlighted conservative intentions to restrict access to gender-affirming content among students. Greer pointed at initiatives like Project 2025, involving prominent conservative groups, aiming to shape policies regarding online resources.

As the legislation clears the Senate, efforts continue to address concerns raised by various groups to ensure a balanced approach to protecting children online.