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The parents sitting in the front row of Wednesday's Senate Commerce Committee markup carried photographs of children who will forever be 14, 15 and 16. Sen. Cynthia Lummis asked them to stand, and they called out their children's names.

The committee advanced four bills on children and technology, including the Kids Online Safety Act, or KOSA, and three measures addressing children's interactions with artificial intelligence. Most cleared without a dissenting vote. After years of fierce debate over social media, privacy and AI, that looks like agreement.

It is narrower than it looks. Senators used the markup to press the House on the "duty of care" provision in the Senate's version of KOSA.

As Justin Papp of CNBC explains, the language would require online platforms to exercise reasonable care when designing features that could contribute to anxiety, depression, eating disorders, substance use, sexual exploitation and other harms. The bill would also strengthen protections for minors' data and let young users opt out of personalized recommendations.

The provision has real backing. KOSA cleared the committee by voice vote, has 76 Senate cosponsors and passed the full chamber 91-3 in 2024. Sen. Marsha Blackburn, one of its principal sponsors, called the House version too weak to confront the harms associated with major technology platforms and said the Senate would not accept it. Commerce Committee Chair Ted Cruz told reporters he prefers the Senate language.

It also has organized opposition. The House passed its own digital-safety package in June without the duty-of-care standard, with lawmakers arguing that the language could give platforms an incentive to restrict lawful content. The Center for Democracy and Technology wrote to the committee that the provision is likely unconstitutional and could push platforms toward age verification, with disproportionate consequences for LGBTQ+ young people, those with disabilities and others from marginalized groups. Amy Bos of the technology trade association NetChoice said the bills rest on the faulty premise that restricting minors' access to digital tools will keep them safe.

KOSA was not the only measure to move. Anna Merod of K-12 Dive breaks down the rest:

  • The CHATBOT Act would require parental consent before teenagers ages 13 to 17 could create AI chatbot accounts and give parents greater oversight of their children's activity.

  • The Youth AI Privacy Act would establish safety and privacy requirements for AI chatbots used by children, including a disclosure that the chatbot is not human.

  • The Children's Artificial Intelligence Toy Safety Act would direct federal agencies to study the potential physical- and mental-health risks of AI-enabled toys.

The SCREEN Act, which would require age verification for websites offering pornography and other adult content, was the lone bill that failed to advance.

Lawmakers will return from their August recess to a crowded agenda and few legislative days before the midterm elections. Politico reports that Cruz expects the Senate to take up the package in September, after which the two chambers would need to resolve their differences.

Florida is not waiting. Andrew Atterbury of Politico Pro reports that the state's proposed rule would require public schools to obtain parental permission before students use any AI tool, with officials aiming to have the policy in place by January. District leaders are pushing back on the state's broad definition of AI. Eric Mitchell, who oversees instructional technology for Okaloosa County schools, noted that even a Google search now involves artificial intelligence.

The parents in the front row have been through this before. The Senate passed a version of KOSA in 2024, and it died in the House.

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