Beyond the TikTok Ban: The Next Battle Over Social Media Regulation
On January 28th, 2025, a bill was introduced in the Senate that would prohibit children under the age of 13 from accessing social media platforms and prohibit the use of personalized recommendations systems for children under 17.[i] The bipartisan bill, titled the Kids Off Social Media Act (KOSMA), was introduced by a group of U.S. Senators, including Brian Schatz (D-HI), Tom Cotton (R-AR), Katie Britt (R-AL), and Chris Murphy (D-CT).[ii] KOSMA was introduced just 10 days after TikTok’s services went dark for less than 24 hours on January 18th after the Supreme Court upheld the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA).”[iii]
Colloquially dubbed “the TikTok ban,” PAFACA allows the government to ban any social media service deemed to be a “foreign adversary controlled application.”[iv] This includes services operated by ByteDance, Ltd., TikTok’s developer.[v] The ban gives TikTok or any other “foreign adversary control application” 180 days to complete a qualified divestiture before app stores and internet hosting services would be prohibited from enabling the distribution, maintenance, or updating of said applications.[vi] TikTok serves not only as a source of entertainment, but as a primary news source for over one-third of Americans between 18-30.[vii] The TikTok ban stems from the concerns of some national security personnel that the Chinese government could use the app to spy on Americans, compromise their data and personal information, and influence what news U.S. users consume on their feed.[viii] KOSMA appears to have been born out of different concerns: America’s youth mental health crisis and a perceived lack of parental control over children’s social media use.[ix]
This is not the first time that Congress has attempted to regulate the social media usage of minors. Back in May of 2023, the proposed Kids Online Safety Act (KOSA) sought to protect minors from online harms by implementing certain safeguards, such as restrictions on platforms’ access to minors’ personal data and requiring the implementation of tools parents could use to supervise their children’s account activity.[x] While ultimately never signed into law, KOSA was criticized by groups such as the Electronic Frontier Foundation (EFF), who felt that it could suppress protected speech and lead to privacy-invasive age verification requests by websites.[xi]
KOSMA appears to mark another attempt to address growing concerns surrounding the youth mental health crisis.[xii] With around 95 percent of children between the ages of 13-17 reporting that they use at least one form of social media, and one third of teens reporting that they use social media “almost constantly,” social media carries incredible influence over young people.[xiii] Social media has its benefits, including increased opportunity for self-expression and the facilitation of positive interactions among diverse peer groups.[xiv] However, research also suggests that American children between the ages of 12 and 15 who use social media over three hours every day are twice as likely to experience depression or anxiety symptoms.[xv] Studies also show that social media use may increase teens’ rates of social isolation and lack of sleep, both of which may compound depression symptoms.[xvi]
In support of KOSMA, Senator Schatz argues “[p]rotecting kids online is not a partisan issue, and our bipartisan coalition – which includes several parents of kids and teenagers – represents the millions of parents across the country who’ve long been asking for help.”[xvii] Schatz cited surveys conducted by Count on Mothers which found that 90 percent of mothers agree that there should be a minimum age of 13 for social media, and that 87 percent agreed that social media companies should not be permitted to use personalized recommendation algorithms for children under 17.[xviii]
However, KOSMA has faced significant opposition from organizations such as the American Civil Liberties Union (ACLU), the Center for Democracy & Technology (CDT), and the EFF.[xix] In a letter to Senator Ted Cruz (R-TX), Chairman of the Senate Commerce Committee, these groups argue that prohibiting minors from accessing social media infringes upon their First Amendment rights, limiting their opportunities for online expression, political engagement, and access to essential news and educational resources.[xx] They also express concern that, despite the bill not mandating age verification, platforms may implement such measures to avoid liability, potentially compromising user privacy.[xxi] Additionally, the letter warns that KOSMA could lead to increased surveillance of students, particularly affecting marginalized youth who depend on school-provided internet access.[xxii] The ACLU and its co-signatories highlight that similar legislation has previously resulted in invasive monitoring practices, which can suppress free expression and disproportionately harm LGBTQ+ students.[xxiii]
With TikTok already facing an uncertain fate under PAFACA, KOSMA signals a broader shift in how the U.S. government approaches social media regulation. Whether these efforts will lead to a safer digital environment for young users or simply set the stage for further restrictions on online expression remains an open question.
[i] Kids Off Social Media Act, S. 278, 119th Cong. (2025), https://www.congress.gov/bill/119th-congress/senate-bill/278/all-info
[ii] Id.
[iii] AP News, A Timeline of TikTok’s Legal Challenges and Bans Around the World (2024), https://apnews.com/article/tiktok-timeline-ban-biden-india-d3219a32de913f8083612e71ecf1f428
[iv] Protecting Americans from Foreign Adversary Controlled Applications Act, H.R. 7521, 118th Cong. (2024), https://www.congress.gov/bill/118th-congress/house-bill/7521/text
[v] Id.
[vi] Congressional Research Service, TikTok and National Security: A Legal Overview (2024), https://crsreports.congress.gov/product/pdf/LSB/LSB10942#:~:text=The%20bill%20would%20give%20TikTok,the%20bill's%20date%20of%20enactment.
[vii] Pew Research Center, More Americans Regularly Get News on TikTok, Especially Young Adults (Sept. 17, 2024), https://www.pewresearch.org/short-reads/2024/09/17/more-americans-regularly-get-news-on-tiktok-especially-young-adults/
[viii] NPR, Biden Administration Threatens to Ban TikTok If Chinese Owners Don’t Sell Stakes (Apr. 24, 2024) https://www.npr.org/2024/04/24/1246663779/biden-ban-tiktok-us
[ix] U.S. Senator Katie Britt, U.S. Senator Katie Britt’s Legislation to Protect Kids on Social Media Passes Senate Commerce Committee (2024), https://www.britt.senate.gov/news/press-releases/u-s-senator-katie-britts-legislation-to-protect-kids-on-social-media-passes-senate-commerce-committee/
[x] Kids Online Safety Act, S. 1409, 118th Cong. (2023) https://www.congress.gov/bill/118th-congress/senate-bill/1409
[xi] Electronic Frontier Foundation, Kids Online Safety Act Continues to Threaten Our Rights Online: 2024 in Review (Dec. 2024) https://www.eff.org/deeplinks/2024/12/kids-online-safety-act-continues-threaten-our-rights-online-year-review-2024
[xii] Britt, supra note ix.
[xiii] U.S. Department of Health and Human Services, Social Media and Youth Mental Health (2023), https://www.hhs.gov/surgeongeneral/reports-and-publications/youth-mental-health/social-media/index.html
[xiv] Yale Medicine, How Social Media Affects Your Teen’s Mental Health: A Parent’s Guide (2024), https://www.yalemedicine.org/news/social-media-teen-mental-health-a-parents-guide
[xv] Id.
[xvi] Johns Hopkins Medicine, Social Media and Mental Health in Children and Teens (2024), https://www.hopkinsmedicine.org/health/wellness-and-prevention/social-media-and-mental-health-in-children-and-teens
[xvii] Press Release, U.S. Senator Brian Schatz, Cruz, Murphy, Britt Introduce Bipartisan Legislation to Keep Kids Safe, Healthy, off Social Media (Jan. 28, 2025), https://www.schatz.senate.gov/news/press-releases/01/28/2025/schatz-cruz-murphy-britt-introduce-bipartisan-legislation-to-keep-kids-safe-healthy-off-social-media
[xviii] Id.
[xix] CDT, Letter on KOSMA (Feb. 3, 2025) https://cdt.org/wp-content/uploads/2025/02/Letter-on-KOSMA-250203.pdf
[xx] Id.
[xxi] Id.
[xxii] Id.
[xxiii] Id.