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.
Privacy plays major role in new federal government guidance on transgender student rights
Recently, the Department of Justice and the state of North Carolina have filed counter-suits regarding the state’s so called “bathroom bill.” The North Carolina “Public Facilities Privacy & Security Act” requires students to use public restrooms that correspond with their sex assigned at birth and not with the gender with which they identify.
GAO Report – Information and Issues Regarding Surreptitious Tracking Apps
Responding to a request by the Senate Judiciary Committee, a new GAO report analyzes the role of smartphone tracking apps in facilitating stalking, and the potential responses the federal government may take against their developers.
FPF Asks Lawmakers: "Send a Message to States that Privacy is a Priority"
FPF supported Data Quality Campaign’s (DQC) recent initiative to bring an important issue about student privacy to the attention of lawmakers. Signing on with DQC and 20 other educational and privacy groups, FPF agrees that it is critical that states have the resources they need to ensure adequate privacy protection for student data.
Student Privacy Pledge – Hits 250 with Launch of New Site!
The Student Privacy Pledge, a public commitment by education technology companies for the responsible handling of student data, has reached the milestone of 250 signatories. We are also pleased to announce the launch of the newly re-designed Student Privacy Pledge website. The site, studentprivacypledge.org, now provides more information, including a Frequently Asked Questions section, and is easier for visitors to […]
Privacy and the Connected Vehicle: A Global Event, March 9 in Detroit
The Future of Privacy Forum and EY are hosting an event to advance the conversations around the management and use of personal information in the vehicle ecosystem. We will have a half day of panel discussions led by our team of privacy professionals and colleagues from the privacy and automotive space in the US and EU. If you work in […]
ACLU, Tenth Amendment Center Join Forces on Data Privacy
“In consultation with the center—a think tank that advocates strict limits on federal power—the ACLU wrote model legislation that both organizations are urging legislators around the country to support. … “The Future of Privacy Forum—a Washington-based think tank and a co-author of the Student Privacy Pledge, a commitment by ed-tech companies to safeguard data—offered a […]
States and the District of Columbia Introduce ACLU Sponsored Legislation to Address Student Privacy
Recently, the ACLU, in partnership with the Tenth Amendment Center, created model legislation for states to “take control of their privacy in a digital age.” On January 20th, 2016 the ACLU coordinated with legislators in 16 states and the District of Columbia to roll out a variety of privacy bills simultaneously, many of which addressed […]
Who Exactly IS a "School Official" Anyway?
School Officials and Ed Tech Vendors The School Official exception to FERPA, the federal student privacy law, allows schools to provide student data to principals, teachers and school employees to use for educational purposes. But what about contractors who may work for the school, like a bus company or an email service provider? The original […]
Passing the Privacy Test as Student Data Laws Take Effect
On January 1, 2016, “ SOPIPA”—the recently passed California student data privacy law that defines how edtech companies can use student data became effective. About 25 other states have passed similar laws that are already in effect, or will become effective. At the same time, more than 200 school service providers have now signed the Student Privacy […]
FTC Releases Report on Benefits and Risks of Big Data
This week the FTC released a report exploring the use of Big Data analytics. The 33-page document, Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues, is based on the FTC’s Big Data Workshop on September 17, 2014. The report outlines some of the benefits and risks of Big Data use, and surveys the existing […]