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Illustration: Brendan Lynch/Axios
As Congress struggles to gain consensus on top tech policy issues, states are finding places where they agree and passing bills at a quick pace.
Why it matters: As artificial intelligence and other issues heat up, there's more state action on tech policy legislation than ever.
Here's a breakdown of some of the most pertinent tech policy bills across the country:
Artificial intelligence:
- SB 1047, California's comprehensive AI bill, is awaiting a possible signature from Gov. Gavin Newsom amid fierce pushback.
- Colorado Gov. Jared Polis signed a comprehensive AI bill, SB 24-205, covering deployers and developers of mostly "high-risk" AI, in May. Colorado's approach mirrored Connecticut's, which still has not passed.
- Both New Mexico and Florida passed laws around advertisements with AI-generated media, requiring disclaimers for certain kinds.
- Tennessee passed a law in March, the ELVIS Act, protecting songwriters and performers from AI and deepfakes.
Consumer privacy:
- Tennessee passed HB 1181, a consumer privacy law giving the attorney general civil penalty authority to fine violators, in 2023, and it's set to go into effect next July.
- Montana passed SB 384 in 2023, a consumer privacy act, and it goes into effect Oct. 1. It regulates collection and processing of personal information.
- Delaware passed HB 154, a personal data privacy act, in late 2023 but it is not set to go into force until January 2025. It lets consumers opt-out of digital profiling for automated decisions.
- Per a count by tech advocacy group CCIA, 19 states have passed some form of consumer data privacy into law.
Kids online safety:
- Last month, a federal appeals court mostly upheld a ruling blocking California's Age-Appropriate Design Code Act, which places requirements on companies around kids' online safety.
- In July, a federal judge blocked a Mississippi online age verification law.
- A district court just granted a preliminary injunction against Texas' HB 18, which seeks to block certain types of speech online in an attempt to protect kids.
- Approaches vary: Florida banned minors under 14 from having social media accounts, and other states, like New York, want companies to focus on verifying age of users and stop "addictive" social feeds.
The bottom line: When states first started passing their own online privacy bills, fears of a 50-state "patchwork" of laws motivated calls for federal legislation. Companies argued compliance with different laws could turn into a nightmare.
- States taking action hasn't resulted in Congress following suit.
- And state legislators have gotten smarter on tech legislating, learning from one another and passing bills after efforts stall at the federal level.
