Five years after Frances Haugen testified before a Senate subcommittee, warning that Facebook and other social media companies would not address the harms they cause children without legislative pressure, Congress has still not enacted the Kids Online Safety Act. The bill, which has broad bipartisan support, has been introduced, advanced, and even passed in one chamber, but it has never become law.
Haugen, a former Facebook employee, testified on Oct. 5, 2021, that the company repeatedly chose profit over safety. Her disclosures, including internal documents, were a catalyst for legislative efforts. Yet, as of now, the Senate's 91-3 vote in July 2024 to combine KOSA with children's privacy legislation never led to a final law. The House passed a different package in June 2024, but it notably avoids imposing a duty of care on platforms, a key difference from the Senate approach.
In a recent interview with Haugen at a screening of The Social Reckoning, she said that Meta and other tech companies fear blowback more than they fear the harm they cause. She emphasized that Big Tech has spent over $50 million lobbying against basic protections for children, signaling that their profits are valued more than the safety of minors.
The legislative timeline is clear: Senators Marsha Blackburn (R-Tenn.) and Richard Blumenthal (D-Conn.) first introduced KOSA in February 2022. The Senate passed a package including KOSA in July 2024, but it stalled in the House. The House passed its own bill, the Kids Internet and Digital Safety Act, in June 2024, but it explicitly states that it does not impose a duty of care on platforms. On Aug. 5, the Senate Commerce Committee advanced KOSA again, but a unanimous consent request by Blumenthal on Sept. 30 was blocked by Sen. Rand Paul (R-Ky.), who cited free speech concerns.
Paul's objection raises a legitimate constitutional question, but child safety advocates argue that this is not about speech but about conduct. These companies are not merely hosting content; they are actively designing algorithms that amplify harmful material, often targeting minors. They hide behind Section 230 of the Communications Decency Act, which shields them from liability for user-generated content. Congress has taken steps, but it has failed to finish the job.
Richie Hamm, president of the National Center on Sexual Exploitation and a father of teenagers, says the burden of this failure falls on families. He argues that parents cannot be expected to counter the sophisticated manipulation of these platforms alone. He calls for a carefully drawn, enforceable duty of care focused on platform design, with strong privacy defaults and independent scrutiny.
The question is whether Congress has traded our kids for Big Tech. It's not an accusation that every opponent is bought, but a demand for accountability. Lawmakers must explain how their proposed path will protect children and when it will become law. Voters should ask their representatives and senators: What enforceable protections will you support? When will you vote?
Haugen took a personal risk to bring this information to Congress. Families have been pressing for action for years. Our children are growing up while Washington negotiates. They cannot get those years back.
