The U.S. Senate Commerce, Science and Transportation Committee declined to advance Senator Mike Lee's Shielding Children’s Retinas from Egregious Exposure on the Net (SCREEN) Act on August 5, 2026, instead endorsing the Kids Online Safety Act (KOSA).

SCREEN Act Stalled in Committee

During an executive markup session, the GOP-controlled committee, led by Republican Senator Ted Cruz of Texas and Democratic Ranking Member Senator Maria Cantwell of Washington, addressed U.S. Coast Guard promotions before considering the SCREEN Act. Senator Cantwell indicated that Democrats would not support Senator Lee's proposal. The SCREEN Act, introduced by Republican Senator Mike Lee of Utah in early 2025, aimed to mandate national site-based age verification for users accessing adult content online. Violations of these age verification requirements would be treated as violations of the Federal Trade Commission Act's prohibition against unfair or deceptive acts or practices, carrying civil penalties of up to $10,000 per violation.

Despite a Republican majority favoring the bill's advancement, Senate procedures prevented its progression. A bill cannot advance to the Senate if votes were issued by proxy and on behalf of members not physically present at the executive session. The number of senators voting for passage must outnumber those voting against for legislation to advance. This technicality stalled the SCREEN Act, preventing it from moving to the full Senate for consideration alongside a version already adopted by the House of Representatives.

The House of Representatives, in June, passed the Kids Internet and Digital Safety (KIDS) Act, which included an amended version of the SCREEN Act. However, the KIDS Act has faced opposition in the Senate, primarily due to disagreements over language in the Kids Online Safety Act (KOSA), a more prominent bill within the package. Given the Senate committee's favor for KOSA and the current lame-duck status of the sitting body, it is unlikely the Senate will take up the KIDS bill.

Industry Advocates Relieved

The failure of the SCREEN Act to advance was met with approval by adult entertainment industry advocates. Alison Boden, executive director of the Free Speech Coalition (FSC), stated that the FSC was "very happy that the SCREEN Act did not have the votes to pass out of committee this morning." Boden also expressed gratitude to "thousands of industry members who came out in opposition to this bill," noting that "their voices made a difference." She acknowledged that "the fight isn't over," referring to ongoing efforts to include adult entertainment industry input in proposals like KOSA.

Corey Silverstein of Silverstein Legal also expressed relief regarding the stalling of the SCREEN Act in the Senate Commerce Committee. Silverstein described the outcome as "a victory for privacy, free expression and common sense." He emphasized that while "protecting minors online is a goal we all share," forcing adults to submit to "sweeping identity checks before accessing lawful speech creates serious privacy and data-security risks." Silverstein suggested that "Congress should pursue effective, device-based solutions that protect children without surveilling adults or undermining the First Amendment."

KOSA Advances Amidst Privacy Concerns

The Senate Commerce Committee voted to advance the Kids Online Safety Act (KOSA) on August 5, 2026, alongside the CHATBOT Act and the Youth AI Privacy Act. Congressional newswire service Punchbowl News reported that the vote to advance KOSA, along with three other age-appropriate design bills for social media and artificial intelligence, represents a "show of force" for a measure that Senators Richard Blumenthal and Marsha Blackburn have pursued for years.

The language of KOSA has undergone changes. As AVN has reported, Senator Blackburn has a reputation for being anti-LGBTQ+ and has expressed a desire to use the law to censor material about transgender rights online. Although not explicitly stated in the bill, KOSA could lead to the adoption of national age-gating by Congress.

Joe Mullin, senior policy analyst for the Electronic Frontier Foundation (EFF), noted that "the Senate version of KOSA imposes a 'duty of care' on online services, including social media, to avoid exposing young people to certain material the law deems harmful." Mullin explained that "those obligations only work if online services know which users are minors," which means "more platforms will be pressured to implement age verification or age estimation systems."

The EFF continues to oppose KOSA, arguing that it "would dramatically expand age verification, and undermine privacy for everyone." Mullin stated that KOSA "creates new privacy problems" by requiring companies to collect more sensitive data through systems like government ID checks, facial analysis, or bank record verification, simply to access lawful online speech and services. These systems, he added, "create new databases of personal information that can be breached, misused, or demanded by governments." The EFF and other civil liberties groups have expressed opposition to bills such as KOSA and the SCREEN Act, advocating for privacy protections for all users rather than systems that require identification for online participation.

Key Facts

  • The U.S. Senate Commerce, Science and Transportation Committee declined to advance the SCREEN Act on August 5, 2026.
  • The committee endorsed the Kids Online Safety Act (KOSA) instead.
  • The SCREEN Act, introduced by Senator Mike Lee, aimed to mandate national age verification for adult content online.
  • Civil penalties for SCREEN Act violations would have been up to $10,000 per violation.
  • The SCREEN Act was stalled due to Senate procedural rules regarding proxy votes and physical presence at the executive session.
  • Industry advocates, including the Free Speech Coalition and Silverstein Legal, welcomed the stalling of the SCREEN Act.