True bipartisanship could stop Big Tech from harming kids

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Opinion: Big Tech doesn't favor Republicans or Democrats, just the bottom line

It wasn't one political party that killed the Kids Online Safety Act, but rather the industry controlling our digital lives.

 By  Lennon Torres  and  Laura Marquez-Garrett  on 

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A child looks at their smartphone.

Congress can still come together to help kids, according to Lennon Torres and Laura Marquez-Garrett. Credit: Momo Productions via Getty Images

Our car pulled up to the Federal Trade Commission (FTC) and we hopped out. It was the kind of June day in D.C. that was nice in the shade but hotter than hell without it. The breeze was encouraging, so Laura Marquez-Garrett (LMG) — an attorney who uses they/them pronouns — and I walked around the corner and found a nearby bench. We were waiting outside the FTC as its workshop, “The Attention Economy: How Big Tech Firms Exploit Children and Hurt Families,” took place inside. We had signed up for the workshop but decided at the last minute not to go.

There were many reasons we decided not to attend, the main one being internal documents showing plans for a different FTC workshop pushing anti-transgender rhetoric. This makes it hard to see the FTC as the nonpartisan, consumer protection agency it is supposed to be. Additionally, at the "Attention Economy" workshop, the FTC chose to exclude pro-industry and free market advocates from participation, suggesting that one of our nation's biggest consumer protection mechanisms may be losing sight of its purpose.

Americans don’t like censorship, and this came dangerously close, especially since companies like Meta, Snapchat, TikTok, Google, or Apple were not part of the featured speakers at the Big Tech workshop. Free speech thrives in openness. The danger isn’t when industry or dissenting voices speak publicly — it’s when they operate in the shadows, misleading lawmakers behind closed doors. We need companies to make their case in the public square, where their arguments can be challenged. Not having Big Tech representatives at the workshop only drives their machinations underground, where scrutiny disappears.

As we sat outside the FTC, our conversation turned to the difficulty of pursuing a goal many see as impossible — keeping kids safe online — while working with an administration that often seems to invalidate the existence of trans lives like my own. We talked about the discipline it takes to keep this work bipartisan. That bipartisanship is essential because right now, the only winners in our gridlocked political system are companies like Meta, Apple, and Snap Inc., while parents and children continue to lose.   

This isn’t a new idea. Ralph Nader wrote in Unstoppable about how right-left coalitions can drive real change. Division isn’t just a win for certain technology companies — it’s their strategy. A paralyzed democracy can’t pass meaningful legislation.

Making real change

The most prominent kids' online safety legislation last session was the Kids Online Safety Act (KOSA), which would have confirmed a duty of care for social media platforms in its design. In response to the proposed legislation, social media companies claimed it would lead to the censoring and denying of valuable resources to the LGBTQ+ community. Even though the strength of the bill is evident in the bipartisan negotiations that led to its 91-3 passage in the Senate, those vulnerable communities were still afraid. Events like the anti-trans FTC workshop only reinforce those fears.

Inside the FTC’s "Attention Economy" workshop that we skipped, the event focused on “conservative family values” and aggressive partisanship. The Verge’s Lauren Finer wrote, “Republicans are barreling toward remaking the internet” and that the invited lineup might be a “targeted message at the very people who had previously stood in the way of kids' online safety reform: fellow Republicans.”

Mashable Light Speed

But Republicans didn’t kill KOSA. Big Tech did.

When KOSA failed to reach a vote in the House of Representatives in September of last year, LMG told Bloomberg it was about “choosing Big Tech money over children.” That same article showed bipartisan frustration with Big Tech lobbyists misleading congressional aides. “The tech companies are doing everything they can to play both sides,” said Jon Schweppe of the conservative American Principles Project.

The war on party lines only hurts kids. Big Tech doesn’t see Democrats or Republicans — just people in power who can help them profit. In Colorado, Democratic Governor Jared Polis, a former tech entrepreneur, vetoed SB25-086, a bill to protect kids from online predators. Big Tech then used gun lobby groups to flip just enough Republicans to block an override.

Big Tech wants us to believe cooperation is dead. But it’s not. The 91-3 Senate vote on KOSA proves that. So do bipartisan efforts from Senators Marsha Blackburn and Richard Blumenthal, Josh Hawley and Ed Markey, Lindsey Graham and Amy Klobuchar. Leaders from both sides have come together to challenge Big Tech’s unchecked power. They’ve debated, amended, and compromised — all to pass a bill that could save lives.

We can’t let these companies fracture that fragile progress. The stakes are too high.

Back on the hot day in D.C., Jennie DeSerio and Amy Neville rounded the corner near LMG and I. Jennie and Amy are two parents from opposite sides of the political aisle, united in grief and purpose. Jennie lost her son, Mason, after he was targeted with suicide content on TikTok. Amy lost her son, Alexander, to a counterfeit pill sold on Snapchat. The moms had just come from the FTC workshop we chose not to attend.

Parents like Jennie and Amy, and advocates like LMG and me, are working with unlikely allies to protect kids online. Bipartisanship isn’t dead — but it’s hanging by a thread. If we want to stop kids from dying at the hands of Big Tech, we must all stay focused and disciplined. We must all prioritize child safety by design and not conflate that fundamental issue with ones designed to distract and divide. Everyone who cares about kids deserves a seat at the table.

If we’re asked to show up and do the work to protect all kids online — and do so without harming any of them — we will. The question is whether this administration will use the FTC to hold Big Tech accountable or to target the very people fighting to survive. If it chooses the former, we can make real, lasting change.

Lennon Torres is a Public Voices Fellow on Prevention of Child Sexual Abuse with The OpEd Project. She is an LGBTQ+ advocate who grew up in the public eye, gaining national recognition as a young dancer on television shows. With a deep passion for storytelling, advocacy, and politics, Lennon now works to center the lived experience of herself and others as she crafts her professional career in online child safety at Heat Initiative. This column reflects the author's opinion.

Laura Marquez-Garrett is a parent who also happens to be an attorney.  They graduated from Harvard Law School in 2002, then spent twenty years building a successful litigation practice in Big Law with a specialization in electronic evidence and forensic investigation. In February 2022, Laura left the corner office to join a firm focused solely on issues of Big Tech harms and corporate accountability.  They now contribute in every way possible to the goal of change and holding social media companies accountable for design-based harms to children and families.  This column reflects the author’s opinion.

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