American families rely on digital tools, internet platforms, and emerging artificial intelligence to learn, work, and stay connected. Protecting young people in digital spaces is an undeniably important goal, but effective safety comes from empowering parents through educational resources and constitutional solutions, not sweeping government mandates that undermine free expression and technological progress. As the Senate Commerce Committee convenes for today’s markup, the proposed bills risk harming the digital economy while failing to deliver meaningful safety for kids.
Age Gating and Online Censorship Mandates
S. 737, SCREEN Act
The SCREEN Act imposes sweeping age-verification mandates across a broad swath of online platforms. By requiring digital services to verify the identity and age of every user before allowing access to online content, this legislation effectively forces platforms to collect sensitive personal identification from adults and minors alike. Instead of safeguarding online environments, age-gating mandates strip away online anonymity, create massive new honeypots of personal user data vulnerable to breaches, and restrict law-abiding citizens from accessing constitutionally protected speech.
S. 1748, Kids Online Safety Act
While marketed as a protection measure, the Kids Online Safety Act (KOSA) relies on vague “duty of care” standards that create severe legal uncertainty for online platforms. This design incentivizes platforms to aggressively censor lawful, valuable content and restrict parental choices out of fear of endless litigation. KOSA’s regulatory framework weakens first-line parental control while handing government enforcement agencies broad power to dictate what information American families can access online.
Overregulating the Next Generation of Artificial Intelligence
S. 4199, Youth AI Privacy Act
The Youth AI Privacy Act places heavy regulatory restrictions on how AI models are trained, designed, and deployed for young users. By outright prohibiting the use of data to improve or personalize AI interactions, the bill stifles helpful educational tools and prevents AI platforms from delivering tailored, constructive learning experiences. Rigid design mandates and blanket bans on essential features treat all interactive technology as inherently dangerous rather than encouraging responsible innovation.
S. 4407, CHATBOT Act
The CHATBOT Act introduces burdensome structural requirements on AI companies, including forced “family accounts” and mandated default settings that restrict functionality. While intended to put parents in charge, blanket regulatory architecture risks forcing unnecessary data collection and age-gating mechanisms onto everyday consumers. Instead of letting families decide how best to integrate AI tools into their lives, this approach replaces voluntary, flexible parental controls with rigid federal mandates.
S. 5171, Children’s Artificial Intelligence Toy Safety Act of 2026
S. 5171 sets the stage for new federal oversight by commissioning studies and potential regulatory frameworks for AI-enabled toys and consumer items. While understanding consumer technology is important, establishing specialized regulatory categories for interactive toys risks creating redundant bureaucracy that hinders the development of helpful, engaging educational products. Existing consumer protection laws already hold manufacturers accountable for product safety without creating a patchwork of technology-specific red tape.
Protecting Kids Without Sacrificing Innovation
Congress should reject top-down mandates that undermine data privacy, infringe on free expression, and stifle American leadership in AI. Rather than passing flawed legislation that creates legal traps and sweeping censorship, lawmakers should support a constitutional framework built on digital literacy, robust parental empowerment, and free enterprise. NetChoice urges the Senate Commerce Committee to advance real safety solutions through education and innovation rather than restrictive government overreach.
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