Keir Lamont, senior director at the Future of Privacy Forum, Caitriona Fitzgerald from EPIC, and Scott Babwah Brennen of NYU delve into the shifting tech policy landscape as states gear up for 2025. They discuss a surge in state-level tech regulations, notably over 100 new laws on AI. The experts analyze privacy advancements, contrasting states like Maryland and California. They also explore evolving youth online safety legislation and the increasing bipartisan momentum for smartphone bans in classrooms, highlighting a unique intersection of politics and technology.
States are becoming influential leaders in tech policy, enacting over 238 new laws while federal regulations lag significantly behind.
Emerging privacy laws, like Maryland's data minimization act, reflect a growing effort among states to protect personal data amid regulatory fragmentation.
Deep dives
State Legislative Trends in Technology Policy
Many states are leading the charge in technology policy, with 2024 marking a significant year for legislative activity. Last year, every state with a legislative session passed new pieces of technology regulation, resulting in 238 new laws compared to only a handful federally. This shift shows an emerging trend where states are becoming 'emboldened' in asserting their regulatory powers, particularly around critical issues such as AI, privacy, and child safety online. In this context, states can be categorized as 'trailblazers', 'barometers', and 'passengers', with some now preparing as 'bulwarks' against anticipated changes at the federal level.
AI Legislation on the Rise
A notable surge in state laws surrounding artificial intelligence has emerged, with over 100 new laws enacted in recent times. These laws tackle various concerns, from addressing non-consensual sexual imagery and political deepfakes to implementing broader AI regulations. Colorado has become a focal point, passing the Colorado AI Act, which oversees high-risk AI systems involved in significant decision-making that affects critical life opportunities for individuals. This approach considers the entire life cycle of AI systems, emphasizing the need for regulatory frameworks to protect individuals from adverse impacts.
Privacy Legislation Developments
Privacy legislation is gaining momentum with states like Maryland leading the way through innovative data minimization laws designed to limit how much personal data companies can collect. The Maryland Online Data Privacy Act, which is set to go into effect later this year, requires businesses to collect only data that is necessary for their services. Other states, including Virginia and Connecticut, are under pressure to mirror Maryland's proactive policies, especially given the absence of comprehensive privacy laws in many areas. As privacy initiatives continue to develop, the varying responses from different states highlight the complex political landscape surrounding data protection.
Content Moderation and Child Safety Regulations
The regulation of child safety online has become a bipartisan priority with multiple states introducing age verification laws aimed at protecting youth from harmful content. However, the balance between ensuring safety and preserving privacy and free speech presents a complicated challenge for legislators. Democratic-led bills often focus on setting governmental standards for content moderation, whereas Republican proposals typically aim to empower parental control over children's online activities. As these regulations navigate legal challenges, particularly concerning First Amendment rights, the evolution of content moderation laws will be crucial to watch in the coming years.
Even as the new year ushers in a new administration and Congress in the US at the federal level, dozens of states are kicking off new legislative sessions and are expected to pursue various tech policy goals. Justin Hendrix spoke to three experts to get a sense of the trends unfolding across the states on the regulation of AI, privacy, child online safety, and related issues:
Keir Lamont, senior director at the Future of Privacy Forum (FPF) and author of The Patchwork Dispatch, a newsletter on state tech policy issues;
Caitriona Fitzgerald, deputy director at the Electronic Privacy Information Center (EPIC), which runs a state privacy policy project and scores AI legislation;
Scott Babwah Brennen, director of the Center on Technology Policy at New York University and an author of a recent report on trends in state tech policy.
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