States Tighten Kids’ Online Safety Rules
Coverage from EPIC - Electronic Privacy Information Center, JD Supra, and others
Articles
27
Active Days
168
The Topic

U.S. lawmakers and regulators are tightening requirements for online services used by minors, with South Carolina’s age-appropriate design law requiring safety-by-design measures, data minimization, user controls, limits on targeted advertising, and independent audits. The law is already facing a constitutional and federal-preemption challenge, while Congress remains divided over whether federal legislation should impose a duty of care, require age verification, or preserve stricter state rules. The policy direction is toward greater platform accountability, but the final legal framework remains unsettled.
First Article: 02/06/26
Latest Article: 07/23/26
Summary
- South Carolina’s age-appropriate design law took effect immediately and applies safety, privacy, advertising, parental-control, and audit obligations to covered online services.
- The South Carolina law requires protections for known minors, including controls over engagement features, recommendations, notifications, geolocation, visibility, and data retention.
- NetChoice sued to block the South Carolina law, alleging First Amendment, due process, Commerce Clause, and COPPA preemption violations.
- Other state age-appropriate design measures remain legally uneven: California and Maryland provisions have been stayed, while Vermont’s law is scheduled to take effect in 2027.
- The House passed the KIDS Act, but Senate support is stronger for a competing approach that includes a platform duty of care.
- Age verification and federal preemption remain major fault lines, with privacy groups warning that verification systems could affect all internet users and states seeking to retain stricter safeguards.
History
The story is mostly stable, but the framing has broadened from a South Carolina-specific dispute into a wider U.S. policy fight over how minors’ online safety rules should be structured. The current version also sharpens the federal debate by emphasizing competing views on duty of care, age verification, and state preemption.
South Carolina has moved from proposed child-privacy tightening to an enacted age-appropriate design law now in force, and the fight has shifted into litigation. At the federal level, the KIDS Act also advanced, but its Senate prospects remain contested, keeping the policy landscape fragmented.
