The Alliance for a Better Future released an analysis this week criticizing the KIDS Act, arguing the legislation moves too quickly through Congress and fails to establish meaningful industry accountability.
The group's central complaint centers on what it calls a missing "duty of care." Unlike pharmaceutical companies required to demonstrate drug safety before market entry or automakers subject to federal vehicle safety standards, technology companies have avoided comparable obligations in the bill, according to ABF.
ABF points to several specific weaknesses in the legislation. The age verification provision contains insufficient safeguards and "safe harbors" that allow platforms to operate without meaningful age gates, the group argues. Banks, gaming platforms and alcohol vendors all use age verification systems effectively, yet the KIDS Act appears to carve out exceptions for tech companies.
The group also faults privacy provisions, arguing parents should retain control of children's data until age 18. ABF contends that data brokers and analytics companies have lobbied extensively against granular privacy controls, citing compliance costs.
Most significantly, ABF highlights legal ambiguities in the bill that could preempt state common law, potentially blocking lawsuits from families harmed by tech platforms. If the KIDS Act allows companies to argue federal legislation preempts state law, families would lose legal recourse and platforms would face less pressure to improve safety, according to the analysis.
ABF acknowledges the bill has merit, noting that industry-wide standards can prevent platforms from competing on engagement rather than safety. Federal coordination can also address gaps that patchwork state regulation cannot.
But the group is calling on Congress to slow down and strengthen the bill before passage, arguing the legislation should create meaningful duty, enable enforcement and avoid inadvertently immunizing the companies it seeks to govern.
