Digital Privacy Advocate: States to Fill Gaps Left by FCC, Courts

WASHINGTON, Feb. 7, 2025 –  Rindala Alajaji, Legislative Activist at the Electronic Frontier Foundation, sees states filling broadband and internet regulatory gaps governing Internet Service Providers and Big Tech corporations left by the Federal Communications Commission and the Courts. 

“States will continue to play an increasingly critical role in protecting consumers’ online freedoms and ensuring that broadband access remains affordable and equitable. This is especially true as more communities push for expanded broadband access and better infrastructure,” she said in a Feb. 3 issues report for 2025.

States are also pushing forward with broad Artificial Intelligence legislation, with Colorado becoming the first to pass a comprehensive AI framework in 2024.

“The law requires both developers and deployers of high-risk AI systems to implement impact assessments and risk management frameworks to protect consumers from algorithmic discrimination,” Alajaji said.

She says other states like Texas, Connecticut, and Virginia are debating similar bills this year.

On digital privacy, she explained that in 2024, Maryland adopted a strong privacy law that prohibits companies’ targeted advertising to teens, requires opt-in consent for processing health data, and broadens the definition of sensitive data. 

Seven states joined 12 others in having comprehensive privacy laws last year, and Alajaji expects more to follow suit in 2025. However, with the exception of Maryland, she says these states’ privacy laws are too weak and based on a flawed model.

To further limit Big Tech’s influence, Alajaji says states are trying to bolster competition through stricter antitrust laws. She expects states to continue to play a key role in preventing monopolistic behavior despite a shift in federal enforcement around Big Tech.