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.
FPF Launches Leading Practices Gallery
Today, two House Energy and Commerce Subcommittees are holding a joint hearing to discuss behavioral advertising. Clearly, Congressional leaders continue to have concerns about the technologies used to track users Web activity and are dissatisfied with current practices. The FTC has repeatedly expressed its dissatisfaction with the status quo. And significant numbers of consumers themselves […]
What is a browser?
Relying on your privacy policy to give user’s notice and choice? Watch this video where 50 people in Times Square were asked “What is a browser?” It’s not exactly a scientific study, but you get the point about the communication challenges involved if reading a page about browsers, cookies and IP addresses is supposed to […]
FPF Files Comments to FCC on National Broadband Plan
Yesterday, the Future of Privacy Forum filed comments with the Federal Communications Commission (FCC) about the National Broadband Plan, which the Commission will be formulating over the next several months (FCC Notice of Inquiry Docket – 09-51). As a think tank focused on promoting greater transparency and consumer online data use, we believe that privacy […]
What would Supreme Court Nominee Sonia Sotomayor say about behavioral ads and consent?
The following is a guest post from one of our summer legal fellows, Noam Kutler of GWU School of Law. As many of you reading this blog are aware, FPF focuses a good deal of attention on the issue of online behavioral advertising and the need for greater consumer control and transparency.The FTC has issued […]
Deloitte Event: The Future of Privacy & Data Security
Please be our guest… The Future of Privacy & Data Security: A Briefing on Related Legal Issues and Leading Practices Wednesday, June 3, 2009 5:00pm – 7:00pm Remarkable developments in privacy and data security law and business practices have already been seen in 2009 and more changes are on the horizon. Come, hear, and interact […]
More on Scalia
Scalia: Free Speech Trumps Privacy Online by Wendy Davishttp://web.archive.org/web/20090508122947/http://www.mediapost.com:80/publications/?fa=Articles.printFriendly&art_aid=105258 Some lawmakers are talking about enacting new online privacy laws, but at least one U.S. Supreme Court Judge has indicated that such laws might not be constitutional.Earlier this year, conservative judge Antonin Scalia said new privacy laws would conflict with the First Amendment. The remarks, made […]
BT: Privacy Peril Or Key To Web Prosperity?
BT: Privacy Peril or Key To Web Prosperity? Media Post By Mark Walsh February 27, 2009 If behavioral targeting is the key to providing Web users with advertising that’s better tailored to their particular needs and interests–instead of banner ads that they ignore–then what’s the harm to consumers? That was a central question tackled by […]
Online Privacy Decisions Confront Obama
Washington Post By Kim Hart January 13, 2009 Page D04 President-elect Barack Obama is about to face his first tests on consumer privacy, with questions about how much personal information Internet companies should be able to collect about consumers, how long they should keep that data, and whether they should use it to serve ads […]
The Future of Privacy Forum Consumer Privacy Agenda for the New Administration
1. Appoint a Chief Privacy Officer to Promote Fair Information Practices in the Public and Private Sectors.
We embrace the idea of government catching up to industry by creating the central role of a Chief Technology Officer, as has been announced. But we also point out the need — recognized by hundreds of privacy-sensitive companies — for a senior level Chief Privacy Officer, someone to ensure that data protection is a central consideration for technology, data and policy decisions. Although many federal agencies have privacy officers, the fact that data is increasingly available across government entities demonstrates the need for a central figure to lead U.S. efforts to respect citizen data. To ensure that the data needed to combat terror will be available while appropriate oversight is in place to protect essential freedoms, the Administration should have an accountable, executive-level figure to drive an agenda based on responsible data practices.
Data Security Breach Laws Remain the Province of the States
With 44 states and the District of Columbia having breach notification laws on the books, California — the first state in the nation to enact such a law — is proposing to amend its law (SB. 20) to require notification of breaches to the attorney general (a requirement contained in many other states’ laws), and […]