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.
New US Dept of Ed Finding: Schools Cannot Require Parents or Students to Waive Their FERPA Rights Through Ed Tech Company’s Terms of Service
Policymakers, parents, and privacy advocates have long asked whether FERPA is up to the task of protecting student privacy in the 21st century. A just-released letter regarding the Agora Cyber Charter School might signal that a FERPA compliance crack-down – frequently mentioned as their next step after providing extensive guidance by the U.S. Department of Education (USED) employees at conferences throughout 2017 – has begun. The Agora letter provides crucial guidance to schools and ed tech companies about how USED interprets FERPA’s requirements regarding parental consent and ed tech products’ terms of service, and it may predict USED’s enforcement priorities going forward.
Privacy and the Connected Vehicle: Navigating the Road Ahead (January 23, 2018 in Washington, DC)
Join Hogan Lovells and FPF for an event focused on data issues related to connected cars and the future of mobility on January 23, 2018, from 9:45 AM – 2:00 PM. This half-day event will highlight industry privacy practices, regulatory developments, and emerging uses of mobility data.
NAI Combines Web, Mobile, and Cross-Device Tracking Rules for 2018
The Network Advertising Initiative (NAI) released its 2018 Code of Conduct yesterday, consolidating the rules for online and mobile behavioral advertising (interest-based advertising). NAI, a non-profit organization in Washington, DC, is the leading self-regulatory association for digital advertising, with over 100 members and a formalized internal review mechanism.
The Top 10: Student Privacy News (October-November 2017)
The Future of Privacy Forum tracks student privacy news very closely, and shares relevant news stories with our newsletter subscribers. Approximately every month, we post “The Top 10,” a blog with our top student privacy stories.
Law Enforcement Access to Student Records: A Guide for School Administrators & Ed Tech Service Providers
Washington, DC – Today, the Future of Privacy Forum released a new paper, Law Enforcement Access to Student Records: A Guide for School Administrators & Ed Tech Service Providers. With the repeal of the Deferred Action for Childhood Arrivals (DACA) program last month, it is important that schools – and the companies that serve them – understand their legal options and when they may be required to disclose student personal information to law enforcement.
Law Enforcement Access to Student Records: What Is the Law?
Today, the Future of Privacy Forum (FPF) released “Law Enforcement Access to Student Records: A Guide for School Administrators & Ed Tech Service Providers,” written by Amelia Vance and Sarah Williamson. This guide helps to answer some of the basic questions that we have heard from key stakeholders about law enforcement access to data over the past nine months.
First Take: Privacy in Updated Federal Guidance for Automated Driving
Yesterday, the Department of Transportation and the National Highway Traffic Safety Administration issued updated guidance for autonomous vehicles; streamlining last year’s guidance, incorporating public comments, and stripping privacy from its recommendations.
Bipartisan Report: Feds Should Connect Student Data While Protecting Privacy
Today, the Commission on Evidence-Based Policymaking released their final report. The Commission was created through bi-partisan legislation in 2016 to “consider how to strengthen government’s evidence-building and policymaking efforts” (page 16). One of the key issues that the Commission heard from advocates on all sides about whether to overturn the current federal ban on connecting education data collected by the federal government in order to provide students, postsecondary institutions, and the public with information that could be used to improve policies or better target federal funding.
Location Controls in iOS 11 Highlight the Role of Platforms
From Pokémon Go, to the geo-targeting of abortion clinics, to state legislative efforts, the last year has seen significant attention paid to the many ways our apps use and often share location data. In the midst of this heightened awareness of geo-location privacy, iPhone users and app developers may notice a difference this Fall, when Apple will be releasing updates to iOS 11 that will increase users’ control over how their geo-location may be collected and used. The changes highlight the ongoing importance—and legal implications—of platform settings for consumer privacy.
The Future of Microphones in Connected Devices
Today, FPF released a new Infographic: Microphones & the Internet of Things: Understanding Uses of Audio Sensors in Connected Devices (read the Press Release here). From Amazon Echos to Smart TVs, we are seeing more home devices integrate microphones, often to provide a voice user interface powered by cloud-based speech recognition.