With the looming presidential election, a United States Supreme Court majority that is hostile to civil rights, and a conservative effort to rollback AI safeguards, strong state privacy laws have never been more important.
But late last month, efforts to pass a federal comprehensive privacy law died in committee, leaving the future of privacy in the US unclear. Who that future serves largely rests on one crucial issue: the preemption of state law.
On one side, the biggest names in technology are trying to use their might to force Congress to override crucial state-level privacy laws that have protected people for years.
On the other side is the American Civil Liberties Union and 55 other organizations. We explained in our own letter to Congress how a federal bill that preempts state law would leave millions with fewer rights than they had before. It would also forbid state legislatures from passing stronger protections in the future, smothering progress for generations to come.
Preemption has long been the tech industry’s holy grail. But few know its history. It turns out, Big Tech is pulling straight from the toxic strategy that Big Tobacco used in the 1990s. Back then, Big Tobacco invented the “Accommodation Program,” a national campaign ultimately aimed at federal preemption of indoor smoking laws.
Phillip Morris and others in the tobacco industry implemented a three-step strategy which is only known through documents made public in litigation years later. Those documents reveal the inner workings of a nefarious corporate influence machine designed to quietly snuff out a democratic movement that threatened their profits. And now Big Tech is trying to do the same.
But it’s not too late. We can ensure our civil rights and civil liberties are protected in the digital age. But to defeat Big Tech’s strategy, first we must understand it.
