The Senate Commerce Committee will vote this week on several censorious and privacy invasive bills: KOSA, the SCREEN Act, Youth AI Privacy Act, and CHATBOT Act. While we appreciate that the Committee is taking the time to look at these bills separately, it’s still impossible to ignore the message Congress is sending to the world: Age-gate the internet and block young people from speaking and accessing lawful speech online. Or else. 

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Tell Congress: don't age-gate the internet

Each of these bills claims to be trying to protect children and teenagers from dangerous situations on and offline—certainly a worthy goal. But the proposed solutions in these bills are unlikely to make children and teenagers safer at all. Rather, they would create sweeping new privacy and data security problems, and force platforms to adopt unconstitutional restrictions on the content they host, for both adults and teenagers. 

There is a better way. Instead of considering these bills, the Senate Commerce Committee should be focusing on a national consumer privacy bill that would protect ALL internet users, or on banning behavioral advertising that tracks us across the web—again, for users of all ages. 

But the bills being considered this week move in the other direction—more information being collected, more surveillance, and less privacy for internet users of all ages. 

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help eff oppose these bills

EFF sent a letter to the Committee with our concerns about these bills. We look forward to continuing to work with them to find a way forward that protects all users. 

The Senate Commerce Committee is set to consider S. 737, the SCREEN Act, a sweeping age-verification bill that would require online services to verify users’ ages before they can access any sexually explicit content. If this bill passes, it will force millions of adult internet users to give up their anonymity, privacy, and security before they access lawful speech.  

Unlike many state-age verification laws—which have been harmful in their own right—the SCREEN Act has no requirement that a significant portion of the website consist of sexually explicit content that is harmful to minors. The bill requires nearly any service hosting even a single piece of sexually explicit content to verify the ages of its users. The result is that the bill would apply not only to adult content sites like PornHub or OnlyFans, but also streaming services like Netflix, and social media platforms like Reddit, Discord, or Bluesky, if they host any adult content.

The SCREEN Act does not merely require users to attest they are adults. It specifically states that “requiring a user to confirm that the user is not a minor shall not be sufficient.” In practice, that means platforms would have to verify users’ ages using methods tied to their real identities. Providing proof of age online is dramatically different, and far more invasive, than showing your ID at the door to a bartender or bouncer. In the physical world, the bouncer at the door looks at your ID card, confirms you’re old enough, and gives it back to you. Under the SCREEN Act, the “bouncer” will be a digital age-verification service that captures your personal information and saves it to a database for an unspecified amount of time. 

The consequences of the bill won’t be limited to minors. If websites and apps are expected to reliably identify teenagers, adults will be asked to prove they are adults. 

Even worse, the SCREEN Act is a privacy and data security nightmare. One provision of the bill requires services to take reasonable steps to protect the data collected and to not maintain for longer than is necessary. But these are terribly weak protections that impose no meaningful collection, use, or retention limits on services collecting people’s private information. 

In other words, the third parties tasked with verifying a user’s age on a platform could sweep up a lot of personal info they don’t actually need and then could use that information for any number of purposes, so long as they deem their actions reasonable. Companies would then be allowed to keep the information users have been compelled to turn over for as long as possible, raising security and privacy issues along the way.

The SCREEN Act Attacks Your Right To Use VPNs

The SCREEN Act also targets virtual private network (VPN) users and providers. The bill requires covered websites to verify users' ages based on their IP addresses unless the service can determine that the user is outside the United States, and specifically requires age verification on traffic coming from known VPN addresses. In practice, this discourages the use of VPNs and proxy servers, which millions of people rely on for legitimate purposes such as protecting personal privacy, securing public Wi-Fi connections, safeguarding journalists and activists, and preventing data tracking. 

VPNs mask your real location by routing your internet traffic through a server somewhere else. When you visit a website through a VPN, that website only sees the VPN server's IP address, not your actual location. It's like sending a letter through a P.O. box so the recipient doesn't know where you really live. VPNs are a privacy and security tool used by millions of internet users every day, and their use should not be treated as suspect. It is particularly galling that the SCREEN Act forces users who intentionally take steps to protect their privacy to identify themselves.

The SCREEN Act creates onerous age-verification rules that will block adults from accessing lawful speech, curtail their ability to be anonymous, and jeopardize the data security and privacy of all internet users. 

Last week, the House voted on the KIDS Act, a disjointed package of legislation that seeks to control Americans’ web browsing and private messaging. The package combines a revised version of the Kids Online Safety Act (KOSA), with several other internet bills, study bills, reporting requirements, and new regulations. Different parts of the bill pressure online services to impose different age-gating schemes, using different standards. EFF opposed this bill, along with many of our members and supporters.

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Tell Congress: no internet age-gates

The bill passed the House, 267-117. It now heads to the Senate, where its fate remains uncertain. But this fight is not over. Even if you took our earlier action to contact the House, we need you to reach out to your Senators today. 

The KIDS Act Will Lead to Mandatory Age Checks 

Many of the bills in the KIDS Act share the same premise: that children and teenagers should have different experiences online than adults. In practice, that requires websites and apps to determine who is under 18—and who isn’t. That’s where the problems with the KIDS Act start. 

EFF certainly supports giving all users better privacy and safety tools online. But those protections should not, and do not need to, come at the expense of privacy or free expression. Unfortunately, that’s exactly the tradeoff the KIDS Act makes.

There is no way to determine a user’s age online that is both privacy protective and accurate. Some age verification processes may rely on collecting government-issued ID, while others may use biometric scans. Others will use algorithms to guess a user’s age based on facial images or online behavior. But no matter the method, every system demands users hand over sensitive personal information that links their offline identity to their online activity. And then, once that valuable data is collected, it can be leaked, hacked, or misused. In fact, we’ve already seen several breaches of age verification providers.

The Bill Still Regulates Online Speech

The revised KOSA language within the KIDS Act still pressures companies to police lawful speech online. Platforms must “establish, implement, maintain, and enforce” policies that address content like gambling or the use of alcohol or cannabis. This encourages platforms to broadly restrict speech on these topics, which could include a teen seeking advice on a parent’s gambling problem or searching for substance abuse recovery resources. When platforms are required to create and enforce content moderation policies that regulators can sue them over, they will often err on the side of deleting speech. 

Protect Privacy For Everyone

There is a better way to protect young people online. Instead of encouraging a complicated system of age checks, more monitoring, and more restrictions on access to information, Congress could finally pass a strong, comprehensive privacy law that benefits all users. A great place to start would be to ban behavioral advertising that tracks us across the web—again, for users of all ages. 

We urge the Senate to oppose the KIDS Act and instead focus on a strong, bipartisan privacy package for all users. 

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Tell the senate to reject the kids act

Last week, Senators Ted Cruz and Ron Wyden introduced the Justice Against Weaponized Bureaucratic Overreach to Networked Expression, or JAWBONE Act. The bipartisan legislation creates a federal cause of action against government officials who coerce or attempt to coerce broadcasters, interactive computer services, or AI providers into taking actions against lawful, First-Amendment-protected speech, and establishes a transparency system for government communications with those intermediaries about user expression.

We thank the Senators for their leadership on this important issue. Jawboning occurs when the government pressures private companies to censor speech protected by the First Amendment, and it’s not always obvious to the public or to the victims what has actually happened. Deleting posts or cancelling accounts because a government official or agency demanded it or even made threats in making those demands—just like spying on people’s communications on behalf of the government—raises serious free speech concerns. Among other things, this bill would provide a new legal right to bring claims against the government in federal court, in addition to what the First Amendment provides.

At EFF, we’re continuing to fight back on behalf of those censored by government coercion. One recent example: we represent the creator of ICEBlock, an app that allows the public to report immigration enforcement activity in their communities. In June 2025, high-ranking federal officials began threatening to investigate and prosecute the creator of ICEBlock, Joshua Aaron. In October 2025, the U.S. Attorney General demanded Apple remove ICEBlock from the App Store, and the company complied. The government’s coercion violated Aaron’s First Amendment rights.

We’ve also filed a Freedom of Information Act lawsuit against the same government agencies that threatened Aaron and other services that provided forums to report ICE activity. The lawsuit seeks the disclosure of the government’s communications with Apple, Google, and Meta that forced the services to remove lawful speech.

When federal officials pressure private companies into censoring protected speech, it can violate the First Amendment. But, not every communication from a government agency to a platform is unconstitutionally coercive. Treating legitimate communication and information-sharing between the government and private actors as though it were always unconstitutional would chill the valuable, good-faith engagement that supports a healthier and safer internet and nation for all Americans. This is a complex issue, and one that is important for Congress and the courts to get right. 

Finally, contrary to what many in Congress have been saying, social media platforms and other internet intermediaries have their own First Amendment rights to decide how they moderate users’ speech. They are not “state actors” and do not have an obligation under the First Amendment to allow all user speech on their platforms. EFF filed an amicus brief setting out our position in 2018, and we’ve said it in many cases since. The Supreme Court recognized again in the Netchoice cases that these services have a right to curate and edit their users’ speech, whether or not it aligns with the government’s position. And, it’s important to defend that First Amendment right so that governments cannot dictate how to edit a company’s site according to the government’s wishes and desires. To prevent jawboning by default, companies must be free to curate their platforms as they wish.

EFF applauds Senators Cruz and Wyden for taking this critical issue seriously, and we look forward to working with Congress on this bipartisan bill as it moves through the process. We hope it lands on the right balance to provide additional protections for everyday users around freedom of expression. 

Section 702 of the Foreign Intelligence Surveillance Act lets US intelligence agencies collect communications from foreigners abroad without a warrant, and routinely sweeps in Americans’ emails, messages, and calls in the process.

The authority for this program is set to expire Friday, June 12th, 2026, at midnight. As we wrote earlier this week, Congress has been kicking the ball down the road for months now—temporarily postponing the expiration of the mass surveillance authority Section 702 of FISA in hopes that some consensus on a longer reauthorization could be reached. 

EFF has said for decades, every time this program is up for renewal: Section 702 should require a warrant before the Federal Bureau of Investigation can look at digital communications collected from Americans. If not, we should let the whole thing expire. And this time, it has, at least for a little while. 

Ironically, we have Bill Pulte to thank for this (probably temporary) reprieve. Earlier this month, Trump on Tuesday named Pulte – currently director of the Federal Housing Finance Agency (FHFA) and chairman of Fannie Mae and Freddie Mac – to replace current DNI Tulsi Gabbard, who announced her resignation last month. As has been widely reported, Pulte lacks any intelligence, military, or congressional experience. Senate Democrats responded by refusing to move forward with their version of a bill to reauthorize Section 702. Similarly, the House refused to approve even a short-term renewal of the program. 

However, the potential for abuse of this program is not limited to one individual or one administration. And if Congress is this concerned about one particular individual having access to Americans’ most sensitive information, the responsible thing to do is to put more transparency, accountability, and oversight into the structure of this program. 

Members on both sides of the aisle understand this. As we have seen several times this year already, the appetite for reform is stronger than ever. We hope to continue to see strong bipartisan opposition in Congress to renewing Section 702 without a warrant requirement for backdoor searches. Until then, the authority for this program should remain expired.