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WASHINGTON — The U.S. House of Representatives on Monday approved the Kids Internet and Digital Safety (KIDS) Act, legislation that would establish federal age verification requirements for adult websites if it ultimately becomes law. The measure, however, still faces significant hurdles in the Senate before it can move forward.
The KIDS Act is a broad legislative package that combines several online safety proposals into one bill. Among them is an updated version of the Shielding Children’s Retinas from Egregious Exposure on the Net (SCREEN) Act, which would require adult websites across the country to implement age verification systems.
When the legislation advanced through the House Committee on Energy and Commerce in March, it did so along party lines, with Republicans supporting the bill and Democrats opposing it. Before the legislation reached the House floor, however, Republican and Democratic committee leaders negotiated compromise language designed to attract broader bipartisan backing.
That effort appeared to have an impact. The House passed the bill by a vote of 267-117, with support from 104 Democratic lawmakers in addition to Republican supporters.
‘Duty of Care’ Sticking Point
Much of the public discussion surrounding the KIDS Act has focused not on its age verification requirements but on another component of the package: the Kids Online Safety Act (KOSA).
Democratic lawmakers have criticized revisions to KOSA that removed language establishing a “duty of care” for social media companies, a provision that would have required platforms to help prevent and reduce potential harms to minors. The same concern has also prompted opposition from 44 state attorneys general and a coalition of online safety organizations.
Because the House version specifically excludes a duty-of-care requirement, the legislation is expected to encounter resistance in the Senate, where lawmakers are considering a version of KOSA that retains that language.
Should the House and Senate eventually negotiate a final compromise, the age verification provisions could remain part of the finished legislation—or they could be removed during the reconciliation process.
AV Provisions in the KIDS Act
As approved by the House, Title I of the KIDS Act, titled “Shielding Minors From Obscenity,” would require adult websites to use a “technology verification measure.” The bill defines that as technology using a system or process to determine whether it is more likely than not that a user of a covered platform is a minor, rather than relying solely on self-reported age.
Beyond verifying users’ ages and restricting access by those identified as minors, websites—or third-party age verification providers acting on their behalf—would also be required to take “reasonable measures” to prevent users from bypassing those verification systems. That language appears aimed at addressing the use of virtual private networks (VPNs) and similar tools to avoid age verification requirements.
Any violation of the proposed law would be treated as a violation of the Federal Trade Commission Act’s prohibition against unfair or deceptive acts or practices. Companies found in violation could face civil penalties of up to $10,000 for each violation.
Complicated Compliance Landscape Would Persist
Roughly half of U.S. states currently have their own age verification laws in effect. If enacted, the KIDS Act would establish a federal framework governing those requirements.
The latest House version, however, differs from earlier drafts. While previous language would have invalidated existing state age verification laws, the amended bill states that federal law would preempt state laws only where the two conflict. It also expressly allows states to adopt and enforce stricter requirements than those included in the federal legislation.
That distinction is likely to be significant for adult website operators who had hoped that one nationwide standard might replace the current patchwork of differing state regulations.
Industry attorney Corey Silverstein previously said, “The various state-level AV laws have created absolute havoc throughout the industry, containing small differences that make compliance a nightmare for service providers,” while fellow attorney Lawrence Walters noted that the age verification mandate in the earlier version of the KIDS Act appeared “more forgiving” than most state AV laws.
Under the amended version passed by the House, however, the KIDS Act would establish a federal baseline rather than replace existing state requirements. If enacted in its current form, states with stricter laws could continue enforcing them, while adult websites operating in states without age verification statutes would still be required to meet the new federal standards.
