Washington Attorney General Nick Brown has joined 43 other state and territory attorneys general in urging Congress to reject the Kids Internet and Digital Safety Act (KIDS) Act, H.R. 7757, a bill whose preamble purports to “protect children and teens online, empower parents and strengthen families.” In a letter to the U.S. House and Senate, Brown and the coalition called that framing misleading. Instead, they said, the bill would insulate Big Tech from appropriate oversight and accountability and imperil the young people it purports to protect.”
A recent blog post by Children’s Alliance, Washington’s statewide child advocacy organization, echoes the warning:
“In reality, the KIDS Act would undermine protections for youth online.”
Brown said objection to the H.R. 7757 centers on how much ground the bill would take away from states. The KIDS Act touches on online obscenity, harms to minors, social gaming platforms and AI chatbots, and in each of those areas it would override state laws already on the books — including several the signing states passed specifically to address these problems. The letter also flags what’s missing from the bill: it “expressly disavow[s] any duty of care” for platforms and negates platform obligation to verify user age. It also, according to Brown and other attorneys general, creates a “gaping enforcement loophole” around AI chat features.
“For years, tech companies have placed profits ahead of the safety of our children, designing platforms that are so addictive that kids forgo sleep, play, and in-person socializing just to keep scrolling,” Brown said in a release. “Because Congress refuses to act, they should get out of the way of states advancing sensible legislation to protect kids from damaging content online.”
The coalition isn’t opposed to federal action broadly — several signers back a competing bill, the Kids Online Safety Act (S. 1748), which they say “preserves states’ authority to enact laws, rules, or regulations that similarly protect children,” bars companies from using kids for product research, and actually requires that duty of care the KIDS Act leaves out. Technology is moving faster than Congress, say the attorneys general, and that’s why states must retain their authority.
“Technology is rapidly evolving, and each state is facing slightly different problems due to the predatory nature of many online products,” the Children’s Alliance explained. “It is crucial that federal laws don’t become obstacles for state legislators to nimbly respond to changes in technology and the evolving needs of their residents.” Read the full letter to Congress.
TAKE ACTION: Do you have an opinion about ensuring states have the right to protect kids from harmful online platforms? Contact your members of Congress and make your voice heard.