The Kids Online Safety Act (KOSA), S.1748, passed the U.S. Senate on July 31, 2024, with broad bipartisan support (91–3). Unlike earlier concerns raised about government overreach, this version was carefully reviewed by First Amendment attorneys to ensure it protects free speech rights. The bill is focused on regulating the conduct of social media companies, not online content, and does not authorize the FTC or state attorneys general to bring lawsuits over speech. Instead, it addresses the way platforms design and operate their services, especially when prioritizing profit at the expense of safety.
At the core of KOSA is the establishment of a legal “duty of care” for social media companies toward their users, particularly minors. This principle, long applied across industries from automotive to consumer products, requires companies to reduce foreseeable harms. For digital platforms, that means limiting children’s exposure to addictive algorithms that encourage self-harm, eating disorders, bullying, drug use, or exploitation by predators. Decades of legal precedent and recent evidence—from whistleblowers, congressional hearings, and multi-state litigation—demonstrate that large platforms are fully aware of these harms yet have failed to act responsibly.