POLITICO Tech Podcast: "A Jolt of Life for the Kids Online Safety Bill"

Release Date: December 10, 2024

In this episode of the POLITICO Tech podcast, host Stephen Overlea delves into the latest developments surrounding the Kids Online Safety Act (KOSA). As Congress approaches its year-end deadline, the episode explores whether recent endorsements and legislative adjustments can propel the bill to its final passage amidst political resistance and tight timelines.

1. Legislative Landscape: Senate Actions and New Funding

The episode opens with Stephen Overlea outlining recent Senate movements. On a pivotal weekend, the Senate reached an agreement to allocate $3 billion toward replacing Chinese telecommunications equipment in U.S. networks, addressing national security concerns. Additionally, the deal includes up to $500 million for a tech hubs program aimed at fostering innovation across various regions in the country.

2. Spotlight on the Kids Online Safety Act

The primary focus shifts to the Kids Online Safety Act, a bipartisan bill intended to enhance the protection of minors online. While the Senate has already passed KOSA with broad support, its journey in the House has been stalled due to opposition from Republican leaders who voice concerns over potential infringements on free speech.

3. Influential Endorsements: Musk and Trump Jr. Enter the Debate

A significant turning point discussed is the unexpected support KOSA received from high-profile figures Elon Musk and Donald Trump Jr. Over the weekend, Musk tweeted, “[00:55] “Protecting kids should always be priority number one,” while Trump Jr. stated, “[00:58] “We can protect free speech and our kids at the same time. It's time for House Republicans to pass the Kids Online Safety Act ASAP.” These endorsements bring substantial visibility and momentum to the bill, raising questions about their impact on its legislative prospects.

4. Bill Refinements: Addressing Free Speech and FTC Roles

Guest Ruth Reader, a political correspondent, provides an in-depth analysis of the recent changes made to KOSA. The sponsors, Senators Marsha Blackburn and Richard Blumenthal, have revised the bill to mitigate Republican concerns regarding free speech violations. Key amendments include:

• Clarification of FTC’s Authority: The bill now explicitly states that the Federal Trade Commission (FTC) cannot target specific content or viewpoints, ensuring that KOSA is not used as a tool for political agendas. Ruth explains, “[02:28] The bill clarifies that the FTC, for example, cannot go after like a particular piece of content or a particular point of view and use this bill to sort of, you know, make a political point.”

• Refinement of FTC’s Role: Emphasizing that the FTC will continue to address only unfair and deceptive practices, the amendments reassure that the agency’s existing capacities remain unchanged.

• Narrowing the Duty of Care: The concept of duty of care has been confined to specific areas, such as reducing compulsive use and addressing anxiety and depression linked to social media platforms, rather than imposing broad responsibilities on social media companies.

5. Assessing the Impact of Musk and Trump Jr.'s Support

Overlea and Reader discuss the potential influence of Musk and Trump Jr.’s endorsements. Ruth notes, “[06:32] It's unclear, again, if [they] are going to hold steadfast or not. But it is the most interesting pressure that has emerged for this bill.” The involvement of these influential figures could sway undecided lawmakers and counteract opposition, especially given the bipartisan support and pressure from over 31 state attorneys general and 100+ organizations advocating for KOSA.

6. Navigating Opposition: Big Tech’s Lobbying Efforts

Despite the growing support, KOSA faces formidable resistance from major technology companies. Ruth highlights, “[11:07] They have employed, you know, big tech lobbying power to make sure this bill doesn't get through.” These companies are actively campaigning against the bill, citing concerns over unintended consequences for both the tech industry and youth online safety. Their substantial lobbying resources and established influence in Washington pose significant hurdles to KOSA’s advancement.

7. Path to Passage: Strategic Attachments and Time Constraints

With only a few weeks left in Congress, the likelihood of KOSA's passage hinges on its attachment to an end-of-year spending bill. Ruth explains, “[09:39] The goal, my understanding from anybody who supports this bill is to get it attached to an end of year spending bill.” However, the tight timeline and the complexity of negotiating bill language within a spending package make the scenario precarious. Overlea raises concerns about whether the necessary momentum can be sustained to navigate the legislative process swiftly enough.

8. Political Ramifications: Republican Leadership Under Scrutiny

The episode probes the potential political fallout if KOSA fails to pass. With endorsements from figures close to former President Trump, there's speculation about the dynamics within the Republican party. Ruth posits, “[07:40] A question I am asking myself as a reporter is if this does not get passed, what does that mean for the relationship between, you know, the House Majority Leader and Speaker and Trump?” The tension between traditional Republican stances on free speech and the emerging pressure from Trump-aligned supporters could reshape future legislative priorities and party cohesion.

9. Industry Alignment and Political Pressures

The discussion also touches on the nuanced positions within the tech industry. While some companies like Snap, Pinterest, and Microsoft have expressed support for KOSA, giants like Meta and Google continue their opposition. Ruth observes, “[12:25] There's a number of tech companies that have been supporting KOSA for a while.” The strategic alignment of these companies with political figures, such as Mark Zuckerberg’s meetings with Trump at Mar-a-Lago, underscores the intricate balance tech firms must maintain to navigate political pressures and business interests.

Conclusion: Uncertain Prospects Amidst Dynamic Pressures

As the episode concludes, both hosts acknowledge the unpredictability enveloping KOSA’s fate. With Ruth stating, “[14:17] It's really one of those cases where the odds have been against this bill. And despite that, it has sort of surprised at a number of turns,” the future of the Kids Online Safety Act remains in flux. The interplay of bipartisan support, high-profile endorsements, persistent lobbying from big tech, and the pressing congressional deadline creates a complex environment where the bill's passage is far from assured.

For listeners keen on the intersection of technology and policy, this episode provides a comprehensive overview of the current state of KOSA, the forces at play influencing its trajectory, and the broader implications for online safety legislation in the United States.

Notable Quotes:

• Ruth Reader ([02:28]): "The bill clarifies that the FTC, for example, cannot go after like a particular piece of content or a particular point of view and use this bill to sort of, you know, make a political point."

• Elon Musk ([05:55]): "Protecting kids should always be priority number one."

• Donald Trump Jr. ([05:58]): "We can protect free speech and our kids at the same time. It's time for House Republicans to pass the Kids Online Safety Act ASAP."

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