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WASHINGTON — A closely watched push for a federal age verification bill hit an unexpected roadblock Thursday as the U.S. Senate Commerce, Science and Transportation Committee chose not to move forward with Sen. Mike Lee’s proposal. Instead, lawmakers advanced the latest version of the Kids Online Safety Act (KOSA), signaling a different direction for online child safety legislation.
The decision came during an executive markup session chaired by Republican Sen. Ted Cruz of Texas, with Democratic Sen. Maria Cantwell of Washington serving as the committee’s ranking member. After handling U.S. Coast Guard promotions, which also fall under the committee’s jurisdiction, Cantwell said she and fellow Democrats could not support Lee’s Shielding Children’s Retinas from Egregious Exposure on the Net (SCREEN) Act.
Had the SCREEN Act ultimately become law, it would have established nationwide age verification requirements enforced through the Federal Trade Commission’s authority over unfair and deceptive business practices. Civil penalties could have reached as much as $10,000 per violation. Although Republican members backed the proposal, Democrats opposed it along party lines, preventing the legislation from gaining the support needed to move ahead.
Senate procedure also played a key role. Under chamber rules, legislation cannot advance if supporting votes are cast by proxy for senators who are not physically present during the executive session. For a bill to clear committee, the number of senators voting in favor must exceed those voting against it. As a result, the SCREEN Act stalled in committee.
The procedural setback complicates Lee’s effort to bring the SCREEN Act before the full Senate alongside related legislation already approved by the Republican-controlled House of Representatives. In June, the House passed the Kids Internet and Digital Safety (KIDS) Act, which contains an even broader version of the SCREEN Act’s age verification provisions, with bipartisan support. With the Senate instead backing KOSA and the current Congress nearing the end of its session, the House measure now appears unlikely to receive Senate consideration.
The committee’s decision was welcomed by many advocates within the adult entertainment industry. Alison Boden, executive director of the Free Speech Coalition (FSC), called the outcome a positive one. “FSC is very happy that the SCREEN Act did not have the votes to pass out of committee this morning,” Boden said.
“We’re grateful to the thousands of industry members who came out in opposition to this bill,” she added. “Their voices made a difference. Obviously, the fight isn’t over, but this was an important victory.” The broader effort Boden referenced also includes attempts to ensure the adult entertainment industry has a voice in discussions surrounding legislation such as KOSA.
Attorney Corey Silverstein of Silverstein Legal also welcomed the committee’s decision to halt the SCREEN Act.
“Today’s failure to advance the SCREEN Act is a victory for privacy, free expression and common sense,” Silverstein said.
“Protecting minors online is a goal we all share, but forcing adults to submit to sweeping identity checks before accessing lawful speech creates serious privacy and data-security risks,” he added. “Congress should pursue effective, device-based solutions that protect children without surveilling adults or undermining the First Amendment.”
Meanwhile, congressional news service Punchbowl News described the committee’s vote to advance KOSA, along with three additional age-appropriate design bills focused on social media and artificial intelligence, as a “show of force” for legislation that Sens. Richard Blumenthal and Marsha Blackburn have spent years trying to move through Congress.
The current version of KOSA differs significantly from earlier drafts after undergoing multiple revisions. Previous versions drew criticism over concerns that the legislation could be used to restrict online content related to transgender issues. Although the bill does not explicitly require nationwide age verification, critics argue its provisions could ultimately encourage Congress to adopt broader age-gating requirements.
“The Senate version of KOSA imposes a ‘duty of care’ on online services, including social media, to avoid exposing young people to certain material the law deems harmful,” noted Joe Mullin, senior policy analyst for the Electronic Frontier Foundation (EFF). “But those obligations only work if online services know which users are minors.”
“That means more platforms will be pressured to implement age verification or age estimation systems,” Mullin continued. “Minors deserve meaningful privacy protections online—as do adults. But KOSA moves in the opposite direction by encouraging more age verification, as well as more legal pressure for platforms to monitor and restrict lawful speech.”
The Electronic Frontier Foundation, along with numerous civil liberties organizations representing a range of political viewpoints, has continued to oppose legislation such as KOSA and the SCREEN Act over concerns about privacy, free expression and the broader implications of age verification mandates.
