U.S. Senator Blackburn Proposes AI Framework to Protect Children and Copyrights
The slow progress of federal artificial intelligence (AI) policy in the U.S. Congress may be nearing a turning point. On March 18, 2026, U.S. Senator Marsha Blackburn (R-Tenn.) introduced a new discussion draft aimed at igniting legislative dialogue that aligns with the White House’s objectives outlined in the December 2025 executive order, which seeks to preempt state-level AI legislation.
Focus Areas of Blackburn’s Draft Framework
Blackburn’s proposed framework emphasizes protections and requirements concerning children’s online safety and copyright issues. It amalgamates elements from previously introduced bills, including provisions from the proposed Kids Online Safety Act and the NO FAKES Act.
In her statement, Blackburn criticized the idea of “AI amnesty” and called for Congress to establish a federal rulebook for AI that protects children, creators, and communities, ensuring American leadership in the global AI race.
Child Safety Provisions
The framework proposes a duty of care on developers for children under the age of 17. It includes:
- AI Chatbot Safeguards
- Data Protection Standards
- A consumer mechanism to report AI-related harms.
Additionally, it introduces a private right of action for harms caused by AI systems, allowing lawsuits for defective design and other claims. A proposed sunset on platform liability protections under Section 230 of the Communications Act is also included.
Copyright Provisions
The framework outlines new federal transparency guidelines for marking, authenticating, and detecting AI-generated content. It also assigns the U.S. National Institute of Standards and Technology the task of creating cybersecurity standards to prevent tampering with AI content provenance and watermarking.
Addressing Bias and Discrimination
To combat bias and discrimination based on political affiliation, the draft mandates third-party audits and includes measures to enhance AI innovation.
Contrasting Legislative Approaches
Blackburn’s proposal stands in contrast to the Trump administration’s executive order, which suggests that forthcoming policy recommendations will avoid preempting state laws on children’s online safety and related topics. Blackburn has been in close communication with the White House, which is expected to introduce legislative recommendations to create a cohesive policy discussion alongside her draft.
Implications for KOSA
The inclusion of the Kids Online Safety Act (KOSA) in Blackburn’s draft reflects ongoing bipartisan support in the Senate. However, KOSA’s future may hinge on the position of Senate Democrats, particularly co-sponsor Sen. Richard Blumenthal (D-Conn.), amidst anticipated opposition to broader Republican approaches.
AI Chatbot Safety Regulations
Critical to the framework are chatbot safety provisions, which emphasize age verification for accounts belonging to minors. Covered entities will need to collect age-related data and verify it through government-issued IDs or other reasonable methods. This aligns with recent policy statements from the Federal Trade Commission encouraging the use of age verification technologies.
Stakeholder Reactions
The proposal has sparked discussions about the potential implications for state-level digital governance laws covering AI. While Blackburn’s framework aims to preempt some state regulations, experts predict that many state laws on AI bias and automated decision-making will likely remain intact.
Critics argue that the framework attempts to address too many issues simultaneously, potentially compromising the effectiveness of AI regulation. Industry experts stress the importance of creating a balanced approach that promotes innovation while ensuring safety and transparency.
As the legislative discussion unfolds, stakeholders will be watching closely to see how Blackburn’s proposal aligns with broader efforts to establish a comprehensive federal framework for AI.