Policy Update: May 2026

Federal Legislation

Despite growing attention to kids’ online safety in Washington, D.C., legislative progress remains slow. The Kids Online Safety Act (KOSA) has yet to receive a markup in the Senate Commerce, Science, and Transportation Committee, more than a year after its introduction. The Children and Teens’ Online Privacy Protection Act (COPPA 2.0) passed the Senate by unanimous consent in March — a milestone that prompted House Energy and Commerce Committee Chair Brett Guthrie (R-KY) to pull the House version from a scheduled markup, citing the need for more debate. The bill has seen no movement since.

AI Regulation

Artificial intelligence (AI) has emerged as a particular focus for lawmakers. In March, the Trump Administration released its National AI Legislative Framework, laying out broad regulatory priorities that favor innovation while highlighting the need to protect children. On April 30, two separate legislative efforts took shape in the same week: Senator Josh Hawley’s (R-MO) GUARD Act passed out of the Senate Judiciary Committee, while Senators Ted Cruz (R-TX), Brian Schatz (D-HI), John Curtis (R-UT), and Adam Schiff (D-CA) introduced the CHATBOT Act. Both bills aim to regulate AI chatbots used by minors, but through different mechanisms. The CHATBOT Act centers on parental consent and controls, while the GUARD Act puts a greater onus on producers, requiring chatbots to disclose their nonhuman status, imposing specific restrictions on companion chatbots, and prohibiting sexually explicit content or encouragement of self-harm and violence when interacting with minors.

International and State Activity

Internationally, Australia’s social media ban has inspired a wave of similar proposals. The UK is pushing ahead with a ban on social media for users under 16, despite ongoing debate and resistance. A comparable measure is advancing through France’s legislature with stronger momentum. In the U.S., the trend is toward renewed interest at the state level, including a bill currently moving through California.

Litigation

Meanwhile, litigation is reshaping the regulatory landscape. Following landmark verdicts in New Mexico and California in March, courts have signaled that social media companies may bear liability for harmful platform design choices. In the next phase of the New Mexico case, a judge will determine whether Meta constitutes a “public nuisance” under state law, which would open the door to wide ranging remedies. Additional trials in California and across the country this summer will further define the scope of that liability.