Articles

From Capitol Hill to state legislatures across the country, policymakers are advancing sweeping proposals that could reshape the legal and regulatory landscape for the insights industry. In February, debates over kids’ and teens’ privacy, federal data security enforcement, and the future of comprehensive privacy legislation took center stage in DC, while new developments surrounding the 2030 Census, artificial intelligence, and telephone research signal significant compliance and operational implications for insights professionals.

Privacy and Data Security

Prior to advancing a variety of minors privacy legislation at the end of the year, the House Commerce, Manufacturing, and Trade Subcommittee held a hearing to grapple with kids and teens privacy disputes over regulatory authority, enforcement powers, preemption of state laws, and more.

Industry organizations, including Privacy for America, held a briefing recently for Congressional staff to discuss the contours of federal privacy legislation, with particular focus on centralized enforcement and preemption of state laws and regulations.

On the compliance front, the Federal Trade Commission (FTC) sent warning letters to a bunch of data brokers about the seemingly-forgotten Protecting Americans’ Data from Foreign Adversaries Act (PADFAA), a challenging data security law, suggesting a focus for insights industry compliance.

Census

The Insights Association recently discussed the proposed changes to the 2026 Census Test and its distressing impact on preparations for the 2030 Census.

Artificial Intelligence

Congress is eyeing a lot of legislation on the artificial intelligence (AI) front, such as:

• The Aligning Incentives for Leadership, Excellence, and Advancement in Development Act (AI LEAD Act), which would establish a federal framework for lawsuits against developers and deployers of AI systems, including private rights of action;
• The Children Harmed by AI Technology Act (CHAT Act), which would require many chatbots to implement age verification measures and establish certain protections for users under the age of 18;
• The Artificial Intelligence Risk Evaluation Act, which would require advanced/frontier AI developers to participate in an Energy Department evaluation program and provide all manner of trade secrets to the agency;
• The AI Whistleblower Protection Act, which would provide specific whistleblower protections to individuals within companies developing and deploying artificial intelligence, to help them report (internally and externally) AI security vulnerabilities, AI violations of federal law, or unresolved AI threats to public safety, public health or national security; and
• The States' Right to Regulate AI Act, which would block President Trump’s executive order aiming to preempt state regulation of artificial intelligence.

Speaking of which, legislation in Washington State would follow the lead of recent laws in New York and California in restricting artificial intelligence “companion” chatbots in a manner that could impact some insights industry chatbots. Violations would be punishable with private lawsuits.

Also, the Insights Association joined with more than 40 organizations in calling for temporary federal preemption of artificial intelligence regulation at the state level.

Telephone

Legislation impacting use of the telephone – for calls and texts – was back on the legislative agenda this month, including:

• The Deter Obnoxious, Nefarious, and Outrageous Telephone Call Act (DO NOT Call Act), federal legislation that would severely drive up the penalties for violations of the Telephone Consumer Protection Act (TCPA);
• A bill passed the Michigan Senate that would restrict telemarketing calls and texts to Michigan residents with punitive lawsuits (both private and public), while explicitly carving out market research calls from its definitions;
• Legislation in West Virginia could restrict research calls and texts as if they are telemarketing; and
• A Tennessee bill aiming to crack down on telemarketing and robocalls would only impact the use of artificial or prerecorded voice messages in research calls, and explicitly carve out public opinion polling.

Standing Up for Insights – Because of You

The Insights Association can only effectively do battle with these and other policy issues across the U.S. because of the fantastic support we receive from all our members and sponsors. YOU provide the resources we need to defend and advance the whole insights industry.

We remain available to answer your questions on these and other legislative/regulatory/legal issues. Please stay in touch.

Also, remember that IA will be hosting the next General Counsel and Privacy Officer Forum tomorrow (February 26). Only IA company and corporate department members may participate in this exclusive off-the-record meeting. It is not recorded, but we have another one coming up in May.

This information is not intended and should not be construed as or substituted for legal advice. It is provided for informational purposes only. It is advisable to consult with private counsel on the precise scope and interpretation of any laws/regulation/legislation and their impact on your particular business.