The Senate Commerce Committee approved legislation Wednesday to ban children under 13 from social media. By limiting access, the bill hopes to address youth anxiety and depression linked to social media. The panel approved the Kids Off Social Media Act — sponsored by the panel’s chair, Texas Republican Ted Cruz, and a senior Democrat on the panel, Hawaii’s Brian Schatz — by voice vote, clearing the way for consideration by the full Senate. Only Ed Markey (D-Mass.) asked to be recorded as a no on the bill. “When you've got Ted Cruz and myself in agreement on something, you've pretty much captured the ideological spectrum of the whole Congress,” Sen. Schatz told POLITICO’s Gabby Miller. In addition to banning social media for kids under 13, the bill requires schools that receive federal funding to restrict access to social media on its networks and devices. However, it’s not clear that banning social media or phones at school is an effective way to address concerns over youth mental health. Students at schools with restrictive phone and social media policies do not have better mental wellbeing than those at schools with more permissive policies, according to a Lancet study out of Europe. Even so: Industry opposition to this bill is fierce. “KOSMA comes from very good intentions of lawmakers, and establishing national screen time standards for schools is sensible. However, the bill’s in-effect requirements on access to protected information jeopardize all Americans’ digital privacy and endanger free speech online,” said Amy Bos, NetChoice director of state and federal affairs. The trade association represents big tech firms including Meta and Google. Netchoice has been aggressive in combating social media legislation by arguing that these laws illegally restrict — and in some cases compel — speech. This week, it sued Maryland on first amendment grounds over a law that limits the data that social media providers can collect on kids and requires them to audit their platforms for potential harms. It’s the group’s 10th lawsuit challenging state laws aimed at curbing teen depression and anxiety associated with social media. The lobbying group has racked up a series of legal wins. A Commerce Committee aide told POLITICO that because social media platforms already voluntarily require users to be at least 13 years old, the bill does not restrict speech currently available to kids. What’s next: The Commerce Committee will likely take up more online safety legislation. Sens. Marsha Blackburn (R-Tenn.) and Richard Blumenthal (D-Conn.) are expected to re-introduce the Kids Online Safety Act, a bill the Senate passed 91-3 in the last session. And more states are considering adopting laws like the ones in California and Maryland. On Monday, the Nebraska legislature reviewed the Age-Appropriate Online Design Code Act. Similar bills have been or will be introduced in Illinois, Michigan, New Mexico, South Carolina and Vermont.
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