How California’s Net Neutrality Law Can Inform Federal Digital Privacy Policymaking

One of the major unresolved issues in crafting comprehensive federal digital privacy legislation has carried over from last year to the current 117th Congress.  This regards whether current or future state privacy laws should be preempted so that there only will be one uniform national set of enforceable rules regarding the collection, storage, and transmission of personally identifiable information.

A one-size-fits-all approach makes intuitive sense since online services and social media are not confined to traditional geographic boundaries.  And absent a fully federal approach, there is the possibility that digital companies will be faced with a crazy-quilt pattern of regulatory compliance, increasing both their potential legal liability and the cost of doing business.  In short, this is a scenario for Plan A.

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