SAFE for Kids Act

 

SAFE for Kids Act: How the New Federal Age Verification Bill Fits into America's Expanding Online Child Safety Laws

The United States is steadily moving toward stronger regulation of children's online safety. The proposed Safety and Age Filtering Enforcement (SAFE) for Kids Act, introduced by Senator Jim Banks (R-Indiana) in June 2026, is one of several federal and state initiatives aimed at limiting minors' access to online adult content. If enacted, the legislation would establish a nationwide age verification requirement for commercial websites where more than one-third of the content is considered "sexual material harmful to minors."

The proposal reflects a growing bipartisan effort to strengthen online protections for children. Rather than relying on individual state laws, the SAFE for Kids Act seeks to establish a uniform federal standard for age verification nationwide. Websites covered by the legislation would be required to verify a visitor's age before granting access, using methods such as government-issued identification, financial or transactional records, or other reliable verification technologies. The Federal Trade Commission (FTC) would oversee civil enforcement, while the Department of Justice (DOJ) could pursue cases involving knowing violations.

Part of a Broader Child Online Safety Movement

The SAFE for Kids Act is not an isolated proposal. It joins several other major legislative efforts aimed at improving children's online safety.

Kids Internet and Digital Safety (KIDS) Act

The Kids Internet and Digital Safety (KIDS) Act, passed by the U.S. House of Representatives in June 2026, focuses on reducing children's exposure to harmful online experiences rather than solely on adult content. Among its objectives are:

• Increasing parental control over children's online accounts.
• Improving the transparency of recommendation algorithms.
• Limiting addictive platform design features.
• Enhancing reporting mechanisms for harmful content.
• Requiring platforms to implement stronger safety measures for minors.

Although still subject to Senate consideration, the bill demonstrates Congress's broader interest in regulating digital platforms for child protection.

Children's Online Privacy Protection Act (COPPA)

One of the oldest U.S. online child protection laws is the Children's Online Privacy Protection Act (COPPA), which the FTC has enforced since 2000.

COPPA requires websites and online services directed toward children under 13 to:

• Obtain verifiable parental consent before collecting personal information.
• Clearly disclose privacy practices.
• Allow parents to review and delete their children's data.
• Limit unnecessary data collection.

While COPPA focuses primarily on privacy rather than age verification, it established the principle that children's online activities deserve special legal protection.

Kids Online Safety Act (KOSA)

Another widely discussed proposal is the Kids Online Safety Act (KOSA), which seeks to impose a "duty of care" on online platforms.

Key provisions include:

• Preventing promotion of self-harm, eating disorders, substance abuse, and exploitation.
• Giving parents better supervision tools.
• Increasing transparency regarding recommendation algorithms.
• Requiring platforms to assess and mitigate risks to minors.

Although KOSA has undergone multiple revisions, it remains one of the most significant federal proposals concerning child online safety.

State-Level Age Verification Laws

Even before federal legislation, more than 25 U.S. states have enacted laws requiring age verification for adult websites. States including:

• Texas
• Louisiana
• Florida
• Georgia
• Arkansas
• Mississippi
• Virginia
• Utah
• North Carolina

require commercial adult-content websites to verify users' ages before granting access. These laws generally rely on government-issued IDs or approved third-party verification providers.

The SAFE for Kids Act would replace this fragmented state-by-state approach with a consistent federal framework.

International Developments

Several countries are adopting similar approaches.

United Kingdom – Online Safety Act

The UK's Online Safety Act requires online platforms to implement highly effective age assurance measures to prevent children from accessing pornography and other harmful material. The law places responsibilities on platforms to assess risks, protect minors, and comply with Ofcom's enforcement.

European Union – Digital Services Act (DSA)

The Digital Services Act (DSA) imposes broader responsibilities on online platforms to reduce illegal content and protect users, including minors. Very Large Online Platforms (VLOPs) must conduct risk assessments and implement measures to mitigate harms to children.

Australia – Online Safety Act

Australia's Online Safety Act 2021 empowers the eSafety Commissioner to require the removal of harmful online content, investigate digital platforms, and enforce protections against cyber abuse, image-based abuse, and harmful material affecting children.

Privacy Concerns Remain

While the SAFE for Kids Act strengthens child protection, privacy advocates argue that it leaves significant questions unanswered. The bill does not explicitly require:

• Deletion of identity documents after verification.
• Strict limits on data retention.
• Mandatory cybersecurity standards for verification providers.
• Comprehensive breach notification requirements.
• Restrictions on sharing or selling verified identity information.

These concerns are reinforced by recent cybersecurity incidents involving identity verification providers, including breaches affecting government-issued identification documents and sensitive personal information. Privacy experts warn that requiring millions of Americans to submit identity documents could make them valuable targets for cybercriminals if strong data governance requirements are not in place.

Balancing Child Protection and Privacy

The SAFE for Kids Act illustrates the growing challenge facing lawmakers worldwide: protecting children from harmful online content while preserving adults' privacy and freedom online. Most policymakers agree that minors should be shielded from inappropriate material, but debate continues over how age verification should be implemented without creating large databases of sensitive personal information.

As Congress continues to consider the SAFE for Kids Act alongside broader online safety legislation such as the KIDS Act and KOSA, future amendments may seek to strengthen privacy protections by mandating data deletion, establishing stronger security standards, and adopting privacy-preserving age-verification technologies. The ultimate goal is to create a regulatory framework that safeguards children while minimising unnecessary collection and retention of adults' personal information.