Statement: Fight for the Future opposes federal preemption of state privacy & digital safety laws

The following statement can be attributed to Matt Lane (he/him), Senior Policy Counsel at Fight for the Future:

Bills like KOSA have unnecessarily divided advocates for Big Tech accountability. While some of the changes to the House version of KOSA move the bill toward being a rights-affirming piece of legislation, one change we are worried about is its preemption of state laws. State preemption is becoming increasingly common across House bills like KOSA and COPPA 2.0. We are strongly against preemption when it comes to defending human rights, and have found broad agreement among civil society and parents groups here.

Many states have done what Congress refuses to: pass meaningful laws that increase privacy and protect rights in the face of rapidly advancing surveillance technologies. These laws shield everyday people from the constant tracking of where we go, our routines, how we spend, who we associate with, and what we do with our time. Preemption undoes all that work. It lowers the ceiling for privacy and protections, rather than raising the floor.

We remain against preemption in KOSA and COPPA 2.0, just like we are against preemption of state AI regulations. We think that when it comes to privacy and human rights, preemption in general takes away people’s protections under state laws and destroys the work of local advocates and local communities. Let the brightest minds and best advocates across the country lead the way toward a safer and more rights-affirming future.