NCSL Expresses Concern with Children's Online Safety and Privacy Package

NCSL Expresses Concern with Children's Online Safety and Privacy Package

Dear Chairman Guthrie and Ranking Member Pallone:

On behalf of the National Conference of State Legislatures (NCSL), the bipartisan organization representing the legislatures of our nation's states, territories and commonwealths, we write to express our appreciation for the House Energy and Commerce Committee's leadership and continued attention to protecting children from the harms associated with unfettered access to social media platforms, online services and digital content. At the state level, we see firsthand how these technologies can impact the health, safety and well-being of children and families, and we welcome Congress's engagement on these critical issues.

We commend the committee for recognizing the urgency of strengthening protections for children online and for advancing serious, bipartisan discussions on online safety, privacy and accountability. These challenges are complex and evolving, and we value the committee's efforts to develop solutions that reflect the importance of child safety in the digital age.

At the same time, we write to express concern and disappointment that several bills under consideration, including proposals such as the Kids Online Safety Act and the Children's Online Privacy Protection Act, would broadly preempt stronger or more protective state laws. From our perspective as state policymakers, this approach raises significant concerns.

States have long played a central role in responding to emerging harms, particularly where new technologies outpace federal action. Many states have enacted online safety and privacy laws based on the specific experiences of children, parents, educators and health professionals in their communities. Broad federal preemption risks undermining these existing protections and limiting states' ability to respond quickly and effectively to new or unforeseen risks as technology continues to evolve.

We are particularly concerned that federal legislation could preempt existing state online safety and privacy laws, as well as constrain states' authority to protect children from future harms that may not yet be fully understood. Given the rapid pace of technological change, preserving state flexibility is essential to ensuring that children remain protected as new platforms, features and business models emerge.

As state legislators, we strongly believe that protecting children, respecting states' rights and supporting innovation are not mutually exclusive goals. A federal framework can provide important national standards while still preserving the ability of states to enact and enforce stronger protections where necessary. Maintaining this balance is critical to upholding the principles of federalism while ensuring meaningful safeguards for children and families.

We remain committed to working collaboratively with members of the House Energy and Commerce Committee to develop bipartisan legislation that protects children online, respects state authority, preserves existing state laws and allows states to continue serving as partners and innovators in addressing emerging harms without compromising innovation or economic growth.

Thank you for your leadership and for considering the perspectives of state policymakers. We look forward to continued dialogue and collaboration as this important work moves forward. For further discussion or information, please contact any one of us or NCSL Senior Legislative Director, Barrie Tabin.

Sincerely,

Rep. Marcus C. Evans, Jr.
NCSL President
Illinois House of Representatives

Sen. Barry Usher, Utah
NCSL President-Elect
Montana State Senate

Sen. Bob Duff, Connecticut
NCSL Vice President
Connecticut State Senate

Sen. Wayne Harper
NCSL President Emeritus
Utah State Senate

Rep. Cindy Ryu
NCSL Co-Chair Standing Committee on Technology and Communications
Washington House of Representatives

Rep. Paul Cutler
NCSL Co-Chair Standing Committee on Technology and Communications
Utah House of Representatives

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