Across the United States, evolving data collection and processing practices and advances in artificial intelligence are driving new digital services, technologies, and socially beneficial research – while also raising new opportunities, risks, and questions for individuals and communities. In response, state and federal policymakers are considering new legislative and regulatory frameworks on three interconnected fronts: comprehensive consumer privacy laws that establish baseline rights and protections for personal data across the economy; frameworks that target specific sectors and practices such as automated decisionmaking, biometric identification, companion chatbots, data-driven pricing, data brokerage, frontier AI model safety, genetic data, and health data; and youth-specific privacy and online safety laws that set distinct rules for minors. These three tracks rarely stay in their lanes: a comprehensive privacy law may include AI provisions, an AI safety bill may carve out rules for minors, a youth online safety law may hinge on biometric age verification. Understanding the landscape requires understanding both the individual pieces and how they fit together.
FPF’s U.S. Legislation team provides expert, independent, pragmatic analysis of state and federal legislative and regulatory approaches to privacy, AI, and youth online safety – three distinct but increasingly intertwined issue areas. The team tracks emerging proposals, compares new laws against existing frameworks, analyzes implementation and compliance implications, and helps policymakers and stakeholders understand how legal requirements interact with current technologies, business practices, and data uses.
Through reports, blog posts, legislative and policy analyses, webinars, in-person and virtual peer-to-peer gatherings, and educational programs, FPF helps the broader technology policy and governance community understand the mechanisms and strategies available to protect privacy, promote responsible AI development and deployment, and advance youth online safety. FPF does not typically support or oppose particular bills. Instead, the U.S. Legislation team focuses on explaining the practical and legal implications of proposals – individually and as they interact with one another. This work helps ensure that privacy, AI, and youth safety compliance and policy strategies remain future-looking, adaptable, and workable for the continued, beneficial use of data and AI.
FPF’s U.S. Legislation team is led by Tatiana Rice, Senior Director.
California Privacy Legislation: A Timeline of Key Events
Authors: Katelyn Ringrose (Christopher Wolf Diversity Law Fellow) and Jeremy Greenberg (Policy Counsel) ——- Today, the California Attorney General will begin enforcing the California Consumer Privacy Act (CCPA). The California AG’s office may bring enforcement actions and seek penalties for violations of core provisions of the CCPA. The AG’s request for expedited review of regulations […]
Commoditization of Data is the Problem, Not the Solution – Why Placing a Price Tag on Personal Information May Harm Rather Than Protect Consumer Privacy
This guest post is by Lokke Moerel, a Professor of Global ICT Law at Tilburg University and Senior of Counsel at Morrison & Foerster in Berlin, and Christine Lyon, partner at Morrison & Foerster in Palo Alto, California. To learn more about FPF in Europe, please visit https://fpf.org/eu. By Lokke Moerel and Christine Lyon[1] Friend and […]
Supreme Court Rules that LGBTQ Employees Deserve Workplace Protections–More Progress is Needed to Combat Unfairness and Disparity
Authors: Katelyn Ringrose (Christopher Wolf Diversity Law Fellow) and Dr. Sara Jordan (Policy Counsel, Artificial Intelligence and Ethics) Today’s Supreme Court ruling in Bostock v. Clayton County—clarifying that Title VII of the Civil Rights Act bans employment discrimination on the basis of sexual orientation and gender identity—is a major victory in the fight for LGBTQ […]
Endgame Issues: New Brookings Report on Paths to Federal Privacy Legislation
Authors: Stacey Gray, Senior Counsel (US Legislation and Policymaker Education), Polly Sanderson, Policy Counsel This afternoon, The Brookings Institution released a new report, Bridging the gaps: A path forward to federal privacy legislation, a comprehensive analysis of the most challenging obstacles to Congress passing a comprehensive federal privacy law. The report includes a detailed range […]
Bipartisan Privacy Bill Would Govern Exposure Notification Services
Authors: Stacey Gray, Senior Counsel; Katelyn Ringrose, Christopher Wolf Diversity Law Fellow; and Polly Sanderson, Policy Counsel Yesterday, Senators Cantwell (D-WA), Cassidy (R-LA), and Klobuchar (D-MN) introduced a new COVID-19 data protection bill, the Exposure Notification Privacy Act, which would create legal limits for “automated exposure notification services.” The bill comes on the heels of […]
Newly Released COVID-19 Privacy Bills Would Regulate Pandemic-Related Data
By Pollyanna Sanderson (Policy Counsel), Stacey Gray (Senior Policy Counsel) & Katelyn Ringrose (Christopher Wolf Diversity Law Fellow) Yesterday afternoon, leading House and Senate Democrats introduced the Public Health Emergency Privacy Act. The Democratic-led bill, which was introduced by Senators Blumenthal and Warner, as well as Representatives Eshoo, Schakowsky and DelBene, follows the May 10th […]
FPF Provides Senate Testimony on Strategies to Mitigate Privacy Risks of Using Data to Combat COVID-19
Future of Privacy Forum (FPF) Senior Counsel Stacey Gray today provided the Senate Committee on Commerce, Science, and Transportation with written testimony, including recommendations based on how experts in the U.S. and around the world are currently mitigating the risks of using data to combat the COVID-19 pandemic. “The collection and use of data, including personal […]
A Closer Look at Genetic Data Privacy and Nondiscrimination in 2020
Florida lawmakers recently introduced HB 1189/SB 1564 – a bill that would prohibit life and long-term care insurers from basing coverage and rates or denying coverage based on individuals’ genetic information. Washington State lawmakers are considering a bill, HB 2485, that would prohibit life insurance companies and others from obtaining individuals’ genetic information from direct-to-consumer […]
Close to the Finish Line: Observations on the Washington Privacy Act
By: Stacey Gray and Gabriela Zanfir-Fortuna * We wrote last week that Washington State seems poised to become the second US state to pass a major comprehensive privacy bill. The proposed Washington Privacy Act (WPA) would be mostly aligned with the EU’s GDPR, the global gold standard for data protection (although there are still some […]
The 10th Annual Privacy Papers for Policymakers Event
The Future of Privacy Forum’s 10th annual Privacy Papers for Policymakers event was a hit! This year’s event featured a keynote speech by FTC Commissioner Christine S. Wilson and facilitated discussions between the winning authors – Ignacio Cofone, Neil Richards, Margot Kaminski, Gianclaudio Malgieri, Arunesh Mathur, and Paul Ohm – and policy and regulatory staff, […]