Legislative Solutions to Protect Children and Teens Online

Campus Antisemitism and Free SpeechHouse Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade · 2025-12-02 · 119th Congress
The House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade held this hearing (December 2, 2025) to examine nearly 20 bills — including the Kids Online Safety Act (COSA), COPPA 2.0, Sammy's Law, and the App Store Accountability Act — intended to form a comprehensive strategy for protecting children online through age verification, parental controls, data privacy, and platform accountability. Begins at 0:11:47
Transcript
Highlights

Title

Legislative Hearing on Nearly 20 Bills to Protect Kids Online

Purpose

The House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade held this hearing (December 2, 2025) to examine nearly 20 bills — including the Kids Online Safety Act (COSA), COPPA 2.0, Sammy's Law, and the App Store Accountability Act — intended to form a comprehensive strategy for protecting children online through age verification, parental controls, data privacy, and platform accountability. Four witnesses testified on the workability, constitutionality, and privacy implications of the proposals, while numerous members raised competing concerns about federal preemption of state laws, FTC independence, and free speech. Several parents who lost children to online harms attended and were repeatedly acknowledged by members. Begins at0:11:47

Who spoke

Chairman Gus Bilirakis (R-FL)0:11:47: Opened by describing an "online epidemic" and outlined a strategy of protecting kids, empowering parents, and future-proofing legislation0:12:15; touted COSA's default safeguards, ad restrictions, and mandatory audits0:14:05; later questioned witnesses on shifting the safety burden from parents to platforms0:50:27.

Rep. Jan Schakowsky (D-IL), Ranking Member0:15:54: Said Republican legislation "does not do the job," citing meetings with parents who lost children0:16:23; later pressed Kate Ruane on the biggest legislative gaps and LGBTQ censorship risks0:55:220:58:21.

Rep. Kevin Mullin (D-CA)0:18:21: Called kid safety the most unifying bipartisan issue but criticized the Trump administration's attempts to fire FTC commissioners and shrink its staff0:18:510:19:17.

Rep. Brett Guthrie (R-KY), Full Committee Chair0:20:43: Described a layered strategy — age verification, COPPA 2.0 privacy triggers, parental monitoring, and COSA — and defended narrowing the bill to survive constitutional challenge0:21:310:22:27.

Rep. Frank Pallone (D-NJ), Full Committee Ranking Member0:23:53: Argued comprehensive data privacy legislation is missing from the 19 bills0:24:47; introduced his own bill barring data brokers from selling minors' data0:25:52; warned of FTC politicization under Trump0:27:42.

Mr. Marc Berkman, CEO, Organization for Social Media Safety0:29:02: Cited UCLA research finding 50% of teens use social media over five hours daily0:30:21; introduced parents Rose Bronstein and Samuel Chapman, whose children died from cyberbullying and fentanyl bought via social media0:31:11; championed Sammy's Law for third-party safety software alerts0:33:13.

Mr. Paul Lekas, EVP, Software & Information Industry Association0:34:52: Outlined SIIA principles — data minimization, no targeted ads to youth, and national preemption — and warned vague "duty of care" models like the Senate COSA invite constitutional failure0:37:340:37:58; opposed broad private rights of action as costly to small firms2:51:29.

Ms. Kate Ruane, Director, Free Expression Project, Center for Democracy & Technology0:40:03: Argued comprehensive privacy law is the best protection0:40:35; warned "relates to" preemption language would leave kids with fewer protections than today, citing Texas's sensitive-data law0:56:20; flagged risks of age assurance to LGBTQ and minority users0:58:21.

Mr. Joel Thayer, President, Digital Progress Institute0:44:58: Said Meta places a "$270" value on each child user0:46:28; cited Tiktok v. Garland as clearing a path for content-neutral regulation0:49:10; called Apple's privacy claims "a farce" given a lawsuit alleging recorded private conversations0:47:49.

Rep. Kat Cammack (R-FL)1:31:59: Pushed the App Store Freedom Act, noting Apple's App Store generated nearly $406 billion in 2024 sales with a 30% commission1:32:45; ran rapid-fire questioning on apps used to "digitally unclothe" classmates1:33:35.

Rep. Lori Trahan (D-MA)1:37:31: Said COSA and COPPA 2.0 have been "gutted and co-opted by big tech"1:37:31; cited an Apple engineer's private message calling the platform "the greatest platform for distributing child porn"1:38:47.

Rep. Jay Obernolte (R-CA)1:41:27: A former app developer, argued age verification is safer done once at the operating-system level rather than by every app1:42:42; warned undefined "duty of care" language invites litigation and that private rights of action have caused abusive lawsuits in California1:44:231:45:44.

Rep. Kevin Mullin (D-CA)1:47:08 *(second round)*: Questioned age-verification data risks in the SAFE Bots Act1:47:40 and the impact of broad preemption on COSA's balance with free speech1:50:15.

Rep. Cliff Bentz (R-OR)1:52:12: Raised state legislators' preemption concerns and pressed witnesses on broad "relates to" versus narrow "conflict" preemption standards1:53:002:06:23.

Rep. Debbie Dingell (D-MI)1:57:32: Named five children — Sammy Chapman, Mason Bogart, David Molak, Nate Bronstein, and Becca Schmill — who died from fentanyl, choking-challenge content, or cyberbullying, and touted her No Fentanyl on Social Media Act with Rep. Evans2:00:23.

Rep. Russell Fry (R-SC)2:02:09: Highlighted South Carolina legislator Brandon Guffey, whose son died by sextortion, and promoted his Kids Internet Safety Partnership Act2:03:26.

Rep. Robin Kelly (D-IL)2:08:09: Cited Illinois's new law barring AI for therapeutic purposes and warned broad preemption would override it2:08:41; referenced Adam Raine's suicide after ChatGPT interactions2:09:53.

Rep. Laurel Lee (R-FL)2:12:36: Promoted the Promoting a Safer Internet for Minors Act and COPPA 2.0, questioning Berkman on national education campaigns and Lekas on targeted versus contextual advertising2:13:442:16:03.

Rep. Kim Schrier (D-WA)2:17:53: A pediatrician and co-lead of Sammy's Law, argued the current COSA draft has been "gutted" of the Senate version's teeth and pointed to the Kids Off Social Media Act (COSMA) as an alternative2:22:102:22:35.

Rep. Jeff Kean (R-NC)2:23:04: Introduced the Safer Gaming Act requiring default-off stranger chat for minors, citing a 10-year-old's abduction linked to Roblox2:26:27.

Rep. Yvette Clarke (D-NY)2:28:11: Demanded reinstatement of FTC Commissioner Rebecca Slaughter and criticized a proposed AI moratorium defeated 99-1 in the Senate2:29:482:30:20.

Rep. Erin Houchin (R-IN)2:32:46: Promoted the AWARE Act, SAFE Bots Act, and RESET Act, the last proposing a bright-line rule barring platform accounts for users under 162:35:08.

Rep. Jason Crow's colleague, Rep. Gabe Evans (R-CO)2:38:00: A former police officer, cited Colorado's fentanyl-related teen overdose rate and a 6.8-million-dose seizure, promoting the No Fentanyl on Social Media Act2:38:282:38:53.

Rep. John James (R-MI)2:43:25: Championed the App Store Accountability Act, citing an 88% parental-approval poll finding, comparing app stores to corner stores selling age-restricted goods2:45:06.

Rep. John Joyce (R-PA)2:49:07: Questioned Lekas on unintended harms of the Don't Sell Kids Data Act and Thayer on age-verification technology advances since the Paxton case2:50:002:53:32.

Rep. Mariannette Miller-Meeks (R-IA)2:54:47: Introduced the SPY Kids Act barring market research on children under 13 without parental consent, comparing it to ethical rules for medical research on children2:55:54.

Key moments

Berkman testified 95% of youth 13–17 use social media and nearly 40% of children 8–12 do, with 50% of teens self-reporting over five hours daily use per a UCLA study of 16,000 teens0:29:510:30:21.

Thayer said Meta "places a monetary value of $270 on each child's head" and that Apple recorded private user conversations, including with doctors, since October 2011 despite privacy claims0:46:280:47:49.

Ruane and multiple Republicans sparred over preemption: Ruane warned the "relates to" standard would leave children with fewer protections than current state law, citing Texas's sensitive-data statute, while Thayer and Lekas said they preferred narrower "conflict preemption"0:56:202:06:542:07:18.

Dingell read the names and death circumstances of five children — Sammy Chapman (fentanyl via Snapchat), Mason Bogart (YouTube choking challenge), David Molak (cyberbullying suicide), Nate Bronstein (cyberbullying suicide), and Becca Schmill (fentanyl via Facebook) — urging bipartisan action1:57:32.

Cammack's rapid-fire questioning got all four witnesses to say app stores should not allow children to access apps without restriction, and that Apple/Google should not profit from apps enabling minors to notify or exploit classmates1:34:04.

Schrier said the current House COSA has been "gutted" and is "toothless" compared with the Senate-passed version, urging passage of the stronger prior bill and the Kids Off Social Media Act instead2:22:102:22:35.

Kelly asked panelists whether large statutory damages would incentivize compliance; Ruane cited an FTC fine against Disney of "$10 million" as a "rounding error" against its $200 billion size2:11:472:12:11.

Obernolte, a former app developer, argued centralized age verification at the OS level (Apple/Google) is safer than requiring every app to collect sensitive data, and warned undefined "duty of care" language invites litigation1:42:421:44:23.

Thayer said the Ninth Circuit and Eleventh Circuit rulings, building on Tiktok v. Garland, give Congress a "clear pathway" to regulate platforms without triggering strict First Amendment scrutiny if laws are not content-based0:49:102:36:24.

Clarke stated all 50 states introduced AI legislation in 2025 while Republicans offered "no federal alternative other than preemption," and criticized Trump's attempted firing of FTC Commissioner Rebecca Slaughter2:29:482:30:20.

James highlighted an 88% parental-approval poll from the Digital Childhood Alliance and framed the App Store Accountability Act as holding tech companies to the same standard as stores selling age-restricted tobacco or alcohol2:44:392:45:06.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade
Chamber / CongressHouse · 119th Congress
Date2025-12-02
TypeHearing
Witnesses
Mr. Marc Berkman — CEO, Organization for Social Media Safety
Mr. Joel Thayer — President, Digital Progress Institute
Mr. Paul Lekas — Executive Vice President, Software & Information Industry Association
Ms. Kate Ruane — Director of the Free Expression Project, Center for Democracy & Technology
Videoyoutube
Transcript396 caption blocks · 27,540 words · 3:03:57 runtime
EventCongress.gov 118714