Attorney General James Urges Congress to Pass Senate’s Kids Online Safety Act

NEW YORK – New York Attorney General Letitia James and a bipartisan coalition of 39 other attorneys general today called on Congress to pass the Senate version of the Kids Online Safety Act (KOSA), S. 1748, to protect children and their data. In a letter to congressional leaders, Attorney General James and the coalition urged Congress to reject the House version of the KOSA bill, H.R. 6484, which includes preemption language that would undermine existing state laws to protect children, such as New York’s SAFE for Kids Act championed by Attorney General James. Attorney General James and leaders in other states have advanced laws that promote online safety for minors, and the House bill would limit the states’ ability to address evolving online harms in the future. The coalition is calling on Congress to mirror the Senate version of the bill in the House to protect children online.

“Our young people continue to struggle with their mental health because of harmful social media features, and states are already addressing those challenges,” said Attorney General James. “New York and other states should be able to continue to advance strong legislation to keep children safe online. That is why I am joining a bipartisan coalition of my colleagues to strongly urge congressional leaders to reject the House KOSA bill and pass the Senate version to keep children safe.”

Social media platforms are intentionally designed to be addictive, which has led to worse mental health for young people. Increasing evidence demonstrates that social media companies are aware of the their products’ negative effects on underage users’ mental health, yet they have chosen to persist in these practices. Many states have passed legislation to strengthen protections for children online, such as New York’s SAFE for Kids Act, which limits addictive feeds for minors and protects children’s data from being monetized.

Attorney General James and the coalition urge Congress to pass the Senate version of the KOSA bill because it:

• Preserves states’ authority to enact laws, rules, or regulations that provide greater protection for minors;
• Includes a requirement for social media companies to act with reasonable caution to avoid causing foreseeable harm to others; and
• Expands the list of social media harms to include suicide, eating disorders, compulsive use, other mental health harms, and financial harms.

The coalition asserts that these changes will help create a safer online environment for our children.

Joining Attorney General James in sending today’s letter are the attorneys general of Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Wyoming, the District of Columbia, American Samoa, and the U.S. Virgin Islands.