State AGs Support Senate Kids Online Safety Act, Oppose House Version
Summary
45 State Attorneys General have written to Congress supporting the Senate version of the Kids Online Safety Act (S. 1748) and opposing the House version (H.R. 6484). The letter highlights concerns about preemption language and the omission of a 'Duty of Care' in the House bill, advocating for stronger protections for minors online.
What changed
Forty-five State Attorneys General have issued a letter to Congress expressing support for the Senate's Kids Online Safety Act (S. 1748) while opposing the House version (H.R. 6484). The primary concerns with H.R. 6484 include its expansive preemption language, which would limit states' ability to enact future online safety laws, and its omission of a 'Duty of Care' requirement for social media platforms. The AGs advocate for the Senate bill's approach, which preserves state authority, includes a Duty of Care, and enumerates a broader range of harms, including suicide, eating disorders, compulsive use, and financial harms.
This action indicates a significant legislative push to regulate social media's impact on minors, with state legal officers advocating for specific provisions. Regulated entities, particularly technology companies and social media platforms, should monitor the progress of both bills. The letter serves as a strong signal of state-level intent to address youth mental health crises linked to social media. While this is a notice of position and not a direct regulatory mandate, it signals potential future legislative action and enforcement priorities. Companies should be aware of the AGs' stated preferences for a Duty of Care and robust state authority to regulate online harms.
What to do next
- Monitor legislative developments regarding the Kids Online Safety Act (S. 1748 and H.R. 6484).
- Review internal policies and practices related to minors' online safety and data monetization in light of AGs' concerns.
- Assess potential impact of 'Duty of Care' provisions and state preemption clauses on existing and future operations.
Source document (simplified)
Co nvene. Tra in. S uppor t. February 10, 2026 Honora b le John Thun e Honora b le Mike Joh nson Senate Majo rity Leader House Speaker 511 Dir ksen Senate Bldg. 521 Cann on Hous e Bldg. Wash ing ton, D C, 2051 0 Washington, DC 205 15 Hon orabl e Chuc k Schum er Honorable Ha keem Jeffries Senate Minor ity Leader House Mino rity Leader 322 Hart Sen ate Bldg. 2267 Ray burn Ho use Bl dg. Washington, DC 205 10 Washington, DC 205 15 Honorable Marsha Black burn Honorable Richard Blumenthal Senate Judiciary Committee Senate Judiciary Committee 357 Dirksen Sen ate Bldg. 503 Hart Senate Bldg. Washington, DC 205 10 Washington, DC 205 10 Honorable Brett Guthrie Honora b le Fra nk P all one Chairman Ranking Memb er House Committee on Energy House Committee on Energy and Commer ce and Commer ce 21616 Ray burn House B ldg. 2107 Ra ybur n H ouse B ldg. Washington, DC 205 15 Washin gton, DC 20515 Dear Senators and Representativ es, We, the under signed Attorneys General, as the chief l egal officers of our states, write in support of the Senate version of the bipartisan Kids Online Safet y Act (KOSA), S. 174 8. We recognize the serious and growing threats that social media platforms pose to mino rs. Many social media platf orms deliberately target minors, fueling a nationwide youth mental health crisis. These platforms are intentionally designed to be addictive, pa rticularly for underaged users, and generate substantial profits by monetizing minors’ personal data throug h targeted adverti sing. These companies fail to adequately disclose the addictive nature of their products or the well - documente d harms associat ed wi th excessive soc ial media use. Inc reasing evidence demo nstrates that t hese companies ar e • ® PRESIDENT NATIONAL ASSOCIATION OF ATTORNEYS GENERAL William Tong Connecticut Attorney General PRESIDENT-ELECT Marty Jackley South Dakota Attorney General VICE PRESIDENT Brian Schwalb District of Columbia Attorney General IMMEDIATE PAST PRESIDENT John Formella New Hampshire Attorney General Brian Kane Executive Director 1850 M Street NW 12th Floor Washington, DC 20036 (202) 326-6000 www.naag. org
aware of the a dverse mental health con sequences imposed on u nderage users, yet th ey have ch osen to pe rsist in thes e prac tices. Accord ingl y, many o f our Offices have initiat ed investi gatio ns and fil ed lawsu its again st Meta and T ikTok for their rol e in harm i ng minors. Last year, the AG community expressed our strong support of KOSA. We continue to support t he Sena te ver sion of KOS A, S. 1748, which h as broa d bipa rtis an spon sorshi p and addresses our concern s regarding preemption and Duty of Care. Howev er, we cannot agree wi th a counter part KOSA bill, H.R. 64 84, whi ch has ex pansiv e pree mpti on langua ge included within it. 1 States have pioneered laws that promote online safety for minors. H. R. 6484’s p reemption language wo uld expressl y limit the states’ ab ility to ad dress evol ving online ha rms in the fu ture. We are also concerned about H.R. 6 484’s omission of a Duty of Care, which is a ke y component of the Senate’s KOSA b ill, S. 1748. In lieu of a Duty o f Care, H.R. 6 484 merely requires that companie s have “reasonable policies, pra ctices, and procedures ” that address a limited list of harms. B ut this language will not deliver meanin gful change. Many of these companies already maintain policies about the same limited list of harms — and t ho se self - serving policies have not protected our states’ minors from inj ury. We urge the House to align with S. 1748, which (1) preserves states’ authority to enact laws, rules, or regulations that provide great er protection for min ors; (2) includes a Duty of Care requirement; and (3) expands the enumerate d harms to include suicide, e ating dis order s, compul sive use, other men tal he alth harms, and financ ial harm s. These cha nges will help create a safer online environment f or our children. Sincerel y, Willi am T ong Co nne ct ic ut Atto r ne y Gen er al Anne E. L opez Hawaii Attorney General Dave Yost Ohio Atto rney General Jonathan Skrme tti Tennessee Attorney General 1 See H.R. 6 484, Sec. 10, “Relat ionship to Stat e Laws. ”
Gwen Tauiliili - Langkild e American Sam oa Attorn ey General Kris Mayes Arizona Attorney Ge neral Tim Griffin Arkansas Attorney Gen eral Rob Bo nta California Att orney Gene ral Phil Weiser Colorado Attorney Gen eral Kathleen J enni ngs Delaware Attorney General Brian Schwalb District of Columbia Attorney General Christopher M. Carr Georgia Attorney General Kwame Raou l Illinois Attorney General Todd Ro kit a Indiana Attorne y Gener al Kris Koba ch Kansas Att orney General Rus sell Col eman Kentucky Attorney General //£~ t~~ 4J~d&- I(~ ~
Liz Murrill Louisiana Attorney Ge neral Aaron M. Frey Maine Attorney General Anthony G. Brown Maryland Attorney Gen eral Andrea Joy C ampbell Massachusetts Attorney General Dana Nessel Michigan Attorney Gen eral Keith Ellison Minnesota Attorney Ge neral Lynn Fitch Mississippi Attorney General Catherine L. Hanaway Missouri Attorney Gene ral Aaron D. F ord Nevada Attorney General John M. Forme lla New Hampshire Attorne y General Jennifer Davenport (Acting) New Jersey Attorney General Raúl Torrez New Mexico Attorney General lif
Le titia James New York Attorney General Drew H. Wrigley North Dakota Attorney General Gen tner Drummond Oklahoma Attorney Ge neral Dan Rayfield Oregon Atto rney General Dave Sunday Pennsyl vania Att orney Gene ral Pet er F. Ner onha Rhode Island Attorney General Alan Wilson South Carolina Att orney General Mar ty Jackley South Dakota Attorney General Gor don C. Rhe a U.S. Virgin Islands Attorney General Derek Brown Utah Attorney General Charity Clark Vermont Attorney General Kei th Kaut z Wyoming Attorney Gen eral
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