CDT urges Senate to revise online child safety bills over constitutional concerns

The Center for Democracy & Technology has called on the US Senate Commerce Committee to amend several online child safety bills ahead of the committee’s 5 August 2026 markup, arguing that some proposals risk infringing constitutional rights while failing to provide effective protections for children.

In a letter addressed to Senate Commerce Committee Chair Ted Cruz, Ranking Member Maria Cantwell and committee members, CDT argued that comprehensive consumer privacy legislation would provide a more effective foundation for protecting children online than measures centred on age verification and content restrictions. The organisation said stronger privacy protections should apply broadly across digital services, including social media platforms, search engines and AI-powered chatbots.

CDT raised concerns about three bills before the committee. It argued that the Kids Online Safety Act (KOSA) could encourage age verification practices that threaten privacy and free expression, while disproportionately affecting LGBTQ+ youth, children with disabilities and other marginalised groups.

The organisation also criticised the Children’s Health, Advancement, Trust, Boundaries, and Oversight in Technology (CHATBOT) Act, stating that its provisions could incentivise age verification without sufficient privacy safeguards. According to CDT, the bill could require parental oversight of minors’ chatbot accounts and lead to the retention of sensitive conversations, while offering limited mechanisms for users wrongly identified as minors to challenge account restrictions.

Regarding the Shielding Children’s Retinas from Egregious Exposure on the Net (SCREEN) Act, CDT argued that the proposal is overly broad because it would require platforms hosting content deemed harmful to minors to verify users’ ages and potentially exclude minors entirely. The organisation also expressed concern that the bill lacks adequate safeguards for protecting users’ privacy during age verification.

In contrast, CDT welcomed the Youth AI Privacy Act, describing it as a more proportionate approach. The organisation said the bill would introduce safeguards limiting the use of minors’ personal data for training AI systems, profiling, targeted advertising and other purposes, while supporting stronger data minimisation requirements. CDT added that some provisions could still be refined as the legislation advances.

The organisation concluded by urging lawmakers to prioritise comprehensive privacy protections and revise the proposed legislation to better safeguard both children’s rights and constitutional protections online.