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Happy Tuesday! Congrats to my colleagues and all the great journalists who <a href="https://www.washingtonpost.com/style/media/2024/05/06/washington-post-pulitzers-2024/">won a Pulitzer Prize</a>. <a href="https://www.washingtonpost.com/pr/2024/05/06/washington-post-2024-pulitzer-prize-stories/">Read some of their work here</a>, and send award-winning news tips to: <a href="mailto:cristiano.lima@washpost.com">cristiano.lima@washpost.com</a>. Today:

Congress’s push to protect kids online is at a crossroads

Haiyun Jiang

Congressional efforts to expand protections for kids online face a critical juncture this week as lawmakers weigh whether to hitch those bills to a must-pass aviation package.

Lawmakers are pushing to amend legislation reauthorizing the Federal Aviation Administration to include two major children’s online safety and privacy bills, known as the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act, known as COPPA 2.0.&nbsp;

Together, the bills would force tech companies to <a href="https://www.washingtonpost.com/technology/2024/02/15/kids-online-safety-act-kosa-senate/">take steps to mitigate potential harms to kids</a> and widen many existing federal children’s privacy protections to <a href="https://www.markey.senate.gov/news/press-releases/senators-markey-cassidy-announce-chair-cantwell-and-ranking-member-cruz-as-cosponsors-of-coppa-20-childrens-privacy-legislation">include teens up to 16</a>.

“We need to stop Big Tech’s invasive and pernicious business model that tracks and targets our young people online,” Sen. Edward J. Markey (D-Mass.), who is leading the kids’ privacy efforts, said last week.

Lawmakers face a Friday deadline to pass the FAA bill, which offers one the last chances to <a href="https://punchbowl.news/article/senate-faa-reauthorization-dca-slots/">fast-track an array of unrelated bills</a> via a major legislative package before the election.&nbsp;

But prospects for the child safety push may be dimming.

While KOSA is <a href="https://www.congress.gov/bill/118th-congress/senate-bill/1409/cosponsors">backed by more than two-thirds of the Senate</a> and COPPA 2.0 also has <a href="https://www.congress.gov/bill/118th-congress/senate-bill/1418/cosponsors">broad bipartisan support</a>, key lawmakers <a href="https://www.bloomberg.com/news/articles/2024-05-01/pot-banking-stablecoin-bills-hit-hurdles-with-speaker-johnson">in both the House </a>and <a href="https://punchbowl.news/article/ted-cruz-bipartisan-faa-reauthorization/">Senate have resisted efforts</a> to tuck <a href="https://twitter.com/m_ccuri/status/1786069627841196244?t=UQsjB5NO1twj4R0tuXmq5g&amp;s=19">those and other bills</a> into the FAA package, threatening their chance of becoming law this year.&nbsp;

And though the bills have advanced out of committee in the Senate, they have yet to be taken up by the House Energy and Commerce Committee, whose <a href="https://twitter.com/viaCristiano/status/1758551501671190761">leaders have long insisted</a> that legislation under their purview go through regular order — not be fast-tracked.&nbsp;

Unless Congress kicks the can down the road by <a href="https://subscriber.politicopro.com/article/2024/05/faa-bill-under-time-crunch-with-another-short-term-extension-possible-00155797">agreeing to a short-term FAA extension</a>, or finds another legislative vehicle soon, that could put the camps on opposing timetables.

Spokespeople for Reps. Cathy McMorris Rodgers (R-Wash.) and Frank Pallone Jr. (D-N.J.), the chair and ranking Democrat on the House Energy and Commerce Committee, declined to comment last week on whether they support including the bills in the FAA package.

The bills’ House sponsors, meanwhile, were split on whether to hitch them to the package.

“I would prefer that we mark it up,” said Rep. Gus Bilirakis (R-Fl.), <a href="https://bilirakis.house.gov/media/press-releases/bilirakis-castor-houchin-and-schrier-introduce-comprehensive-bill-better">KOSA’s lead House sponsor</a> and chairman of the Energy and Commerce subcommittee on innovation, data and commerce. Once the bills make it through the committee, he added, lawmakers should “then work out the differences with the Senate.”

“Personally I would support [including the bills in the FAA package] but you’re having to balance the urgency of protecting kids and getting it done with a democratic process over here,” said Rep. Kathy Castor (D-Fl.), the lead Democratic sponsor of both the bills in the House.&nbsp;

Castor said her “fear” is that lawmakers will “miss an opportunity to pass bipartisan legislation broadly supported in Congress.”

Another complication is that there are key differences between the Senate and House versions of the bills, particularly KOSA, which could bog down attempts to expedite their consideration.

<a href="https://www.washingtonpost.com/politics/2024/04/11/privacy-talks-are-heating-up-congress-heres-what-watch/">As we previously noted</a>, the House version of KOSA includes a narrower “duty of care” standard that would apply only to “high impact” digital services and lay out a more limited definition of what potential mental health harms among kids companies would need to address.

“I obviously support the concept. I do prefer my bill” to the Senate version of KOSA, Bilirakis said. “There are some differences there, but I want to get something across the finish line before the end of the year.”

It also remains to be seen whether Senate leaders will be able to convince the House to pass updated children’s privacy protections without taking up a broader privacy bill that would cover all consumers, an issue that has <a href="https://www.washingtonpost.com/technology/2024/04/13/congress-maria-cantwell-online-privacy/">bedeviled lawmakers on Capitol Hill for years</a>.

<a href="https://news.bloomberglaw.com/us-law-week/critics-warn-against-attaching-kids-online-safety-bill-to-faa-embargo-5am-mon">Tech trade associations</a>, <a href="https://twitter.com/evan_greer/status/1786393632498684404">digital rights groups</a> and <a href="https://twitter.com/CenDemTech/status/1786408973681242138">some nonprofits</a> are also pushing back on efforts to include KOSA in the FAA package, warning that lawmakers have not assuaged their concerns about its potential impact on speech online.

“The Senate should not include #KOSA as an amendment to FAA reauthorization legislation, particularly considering the KOSA FAA Amendment has not been harmonized with the House version of KOSA and concerns raised by civil rights and liberties groups remain,” the Center for Democracy and Technology, a nonprofit that receives funding from tech companies, said in a social media post last week.

<a href="https://www.washingtonpost.com/technology/2024/05/05/trump-tiktok-campaign-debate/" target="_blank">Divided Trump campaign weighs joining TikTok, the app he tried to ban (By Drew Harwell and Josh Dawsey)</a>

<a href="https://www.theverge.com/2024/5/6/24149817/us-fund-digital-twin-semiconductors-chips-act" target="_blank">U.S. plans $285 million in funding for ‘digital twin’ chips research (The Verge)</a>

<a href="https://www.nbcnews.com/politics/congress/biden-sign-new-bipartisan-law-targeting-child-sextortion-online-rcna150427" target="_blank">Biden to sign new bipartisan law targeting child 'sextortion' online (NBC News)</a>

<a href="https://www.wsj.com/politics/national-security/pentagon-needs-to-open-up-about-russias-use-of-starlink-senator-says-fca6ee02?mod=tech_lead_pos2" target="_blank">Pentagon needs to open up about Russia’s use of Musk’s Starlink, Sen. Warren says (Wall Street Journal)</a>

<a href="https://www.washingtonpost.com/technology/2024/05/06/india-facebook-ad-policies/" target="_blank">Improper ‘shadow’ ads thriving on Facebook during India’s election (By Joseph Menn)</a>

<a href="https://www.bloomberg.com/news/articles/2024-05-06/jack-dorsey-leaves-bluesky-board-calls-x-freedom-technology?srnd=technology-vp" target="_blank">Jack Dorsey leaves Bluesky board, calls X ‘freedom technology’ (Bloomberg)</a>

<a href="https://www.nytimes.com/2024/05/06/technology/startup-stock-funds-destiny.html" target="_blank">Tensions rise in Silicon Valley over sales of start-up stocks (New York Times)</a>

<a href="https://www.washingtonpost.com/technology/2024/05/07/mitre-nvidia-ai-supercomputer-sandbox/" target="_blank">Defense think tank MITRE to build AI supercomputer with Nvidia (By Eva Dou)</a>

<a href="https://www.washingtonpost.com/technology/2024/05/05/twitch-gaza-protests-streaming/" target="_blank">Twitch streamers become go-to news source for campus protest coverage (By Taylor Lorenz)</a>

<a href="https://apnews.com/article/ai-trump-campaign-2024-election-brad-parscale-3ff2c8eba34b87754cc25e96aa257c9d" target="_blank">Brad Parscale helped Trump win in 2016 using Facebook ads. Now he’s back, and an AI evangelist (AP)</a>

<a href="https://www.washingtonpost.com/style/fashion/2024/05/06/met-gala-tiktok/" target="_blank">How TikTok changed fashion (By Rachel Tashjian)</a>

The Federal Trade Commission <a href="https://www.ftc.gov/news-events/events/2024/05/older-adults-fraud-what-you-need-know">holds an event</a>, “Older Adults and Fraud: What You Need To Know,” Tuesday at 1 p.m.

The Senate Commerce Committee <a href="https://www.commerce.senate.gov/2024/5/strengthening-data-security-to-protect-consumers">holds a hearing</a>, “Strengthening Data Security to Protect Consumers,” Wednesday at 2:30 p.m.

Justice Department antitrust chief Jonathan Kanter discusses competition enforcement and Big Tech at a <a href="https://www.washingtonpost.com/washington-post-live/2024/05/09/justice-departments-jonathan-kanter-antitrust-enforcement-power-big-tech/?itid=lk_inline_manual_55">Washington Post Live event</a> on Thursday at 3 p.m.

The House Energy and Commerce Committee <a href="https://energycommerce.house.gov/posts/chairs-rodgers-and-latta-announce-field-hearing-in-bakersfield-on-the-importance-of-rural-broadband">holds a hearing</a>, “Perspectives from the Fields: The State of Rural Broadband in America,” Friday at 10 a.m.

Even Gronk knew... #TomBradyRoast #NetflixIsAJokeFest @tombrady @nikkiglaser @netflixisajoke

That’s all for today — thank you so much for joining us! Make sure to tell others to subscribe to&nbsp;<a href="https://s2.washingtonpost.com/34a2dca/613f4bb19d2fda262757cd9a/60ff0f119bbc0f0fbe6fbd53/60/74/613f4bb19d2fda262757cd9a">The </a><a href="https://s2.washingtonpost.com/34a2dca/613f4bb19d2fda262757cd9a/60ff0f119bbc0f0fbe6fbd53/61/74/613f4bb19d2fda262757cd9a">Technology</a><a href="https://s2.washingtonpost.com/34a2dca/613f4bb19d2fda262757cd9a/60ff0f119bbc0f0fbe6fbd53/62/74/613f4bb19d2fda262757cd9a"> </a><a href="https://s2.washingtonpost.com/34a2dca/613f4bb19d2fda262757cd9a/60ff0f119bbc0f0fbe6fbd53/63/74/613f4bb19d2fda262757cd9a">202</a><a href="https://s2.washingtonpost.com/34a2dca/613f4bb19d2fda262757cd9a/60ff0f119bbc0f0fbe6fbd53/64/74/613f4bb19d2fda262757cd9a"> here</a>. Get in touch with Cristiano (via <a href="mailto:cristiano.lima@washpost.com">email</a> or <a href="https://twitter.com/viaCristiano">social media</a>) and Will (via <a href="mailto:will.oremus@washpost.com">email</a> or <a href="https://twitter.com/willoremus">social media</a>) for tips, feedback or greetings!

Lehigh University, BA in Political Science

Lehigh University, MA in Political Science

 Cristiano Lima-Strong is a tech policy reporter and author of The Washington Post's Technology 202 newsletter, focusing on the intersection of tech, politics and policy. His coverage focuses on privacy and children’s online safety. He previously served as a senior web producer, breaking news reporter and tech policy reporter for Politico.