Not everyone is happy that the US Senate has passed two bills designed to protect children as they spend time online—and that’s especially true for those who are concerned for the safety of LGBTQ+ youth.  

The Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) received overwhelming bipartisan support yesterday, passing in a vote of 91-3. 

But while the bills may seem well-intentioned, people like Lindz Amer—creator and host of the educational LGBTQ+ preschool series Queer Kid Stuff—are concerned about the effect the measures will have if passed into law. 

“On the one hand, policy concerning children’s online safety is extremely behind the times, whether we’re talking about online predators, manipulative advertising tactics or young people’s mental health,” says Amer (who uses they/them pronouns). “That needs to be remedied and is, I’m assuming, why these bills have so much support.” 

But they add: “On the other hand, vague language that leaves content censorship up to interpretation by government agencies like the FTC leaves creators like me in a tough spot, where those in power see LGBTQ-affirming content for young people as dangerous—which is simply untrue.” 

Among its many changes, COPPA 2.0 bans targeted advertising to kids under the age of 17 and restricts the info companies can collect from kids, while KOSA will require companies to give kids more options for protecting their info and opting out of algorithmic recommendations. If they become law, the bills are expected to have a significant effect on how tech companies reach and create products for kids. As part of KOSA, the Federal Trade Commission plans to create a new Youth Marketing and Privacy Division that will be responsible for enforcing the duty-of-care provisions of the bill.

While many of these changes are needed and supported, one of the biggest concerns from groups that oppose KOSA, such as the Consumer Choice Center, is that it could be used to arbitrarily control information about sensitive subjects that kids can access. “Parents should be the ultimate authority when it comes to determining what is harmful content online, and KOSA infringes on that in a big way,” said Stephen Kent, Consumer Choice’s media director. 

Concerns about this aspect of KOSA are not new. In 2022, 100 organizations and LGBTQ+ advocacy groups signed an open letter stating that kids should be protected online, but that the bills could jeopardize their access to information, especially about gender and sexuality.

Senator John Fetterman of Pennsylvania (Democrat), who voted in favor of KOSA, said he is aware of the concerns of LGBTQ+ groups, and the bill has been improved to support LGBTQ+ kids. “I’m especially proud to have worked to improve this legislation so that far-right Attorneys-General or federal appointees will not be able to weaponize it to censor both content that supports LGBTQ+ youth and content that provides information on reproductive health care,” he said in a statement yesterday. 

For those who support the bills, getting them past the Senate was an accomplishment worth celebrating. 

“This is a tremendous moment for the health and safety of children online,” said Kris Perry, executive director of Children and Screens: Institute of Digital Media and Child Development, which supports the bills. 

“Today’s Senate vote marks an historic and emotional milestone for myself and for all parents who have fought tirelessly to protect our children from the dangerous environments created by big tech,” said Maurine Molak, a member of Parents for Safe Online Spaces, an organization made up of parents whose children have died due to online bullying and being exposed to danger on social media. 

The next step is for the bills to go back to the House of Representatives for approval, which won’t happen until legislators return from a recess on September 9. If the bills clear that hurdle, they will head to President Joe Biden’s desk to be signed into law. (He has already indicated his support for KOSA.)

If that happens, Amer—who has had experiences of people having their content reported and banned from TikTok—doesn’t quite know what to expect. “I’m not sure what the future holds or where these bills will take us, but I’m wary about the unintended consequences for LGBTQ+ creators making kids media, and the young people who sorely need affirming representation through social media when they can’t get it elsewhere.”