Lifetime Citizen Portal Access — AI Briefings, Alerts & Unlimited Follows
COSA debate sharpens over duty-of-care and preemption as subcommittee advances amended bill
Loading...
Summary
The Kids Online Safety Act (COSA) passed the subcommittee after an amendment in the nature of a substitute but prompted sustained Democratic objections over the absence of a duty-of-care, a weak knowledge standard, and broad federal preemption that could displace state protections.
The subcommittee adopted an amendment in the nature of a substitute to the Kids Online Safety Act (COSA) and forwarded the bill to the full Energy and Commerce Committee following a roll-call vote recorded in the transcript. Members on both sides described COSA as a foundation of a multi-bill strategy to protect minors online, but Democrats repeatedly criticized the text as insufficiently protective.
What opponents said Democratic members including Rep. Castor, Rep. Schakowsky and others argued the bill lacks a statutory "duty of care" requiring platforms to design services that avoid foreseeable harms to minors. They said the bill's knowledge standard is too weak, allowing platforms to plead they did not know children were exposed to specific harms, and warned a broad preemption clause could nullify state laws that already provide stronger protections or pending state litigation.
"Without a duty of care, the social media platforms big tech companies will act carelessly without fear of legal consequences," Rep. Castor said during debate; Democrats pressed for stronger language to create enforceable designer obligations and a clearer standard of platform knowledge.
What supporters said Majority members and the bill sponsor framed the AINS as responsive to parents who testified and said it includes protections such as restricted recommendation of minors to adult users, geolocation limits, bans on certain design practices that undermine parental tools, and extended reporting and auditing requirements. Chair Bilirakis and others said the amendment reflects parents' input and that staff would continue to refine technical aspects of the text.
Vote and next steps The subcommittee recorded a roll-call vote in which the clerk reported 13 ayes and 10 noes and adopted the amendment in the nature of a substitute before forwarding the measure. Sponsors and critics signaled they would continue to negotiate language ahead of full-committee consideration.
Context COSA has been the focus of repeated bipartisan negotiations in Congress; supporters say platform design defaults are central to child safety, while critics want stronger statutory obligations and protections for state-level enforcement and private rights of action.
Closing note Sponsor and critics both indicated willingness to continue working in the regular order, but the transcript shows preemption and the scope of platform obligations will remain central issues as COSA proceeds to the full committee.
