Not every October surprise has to be frightening. This month, the Insights Association helped deliver several significant wins for the insights industry in California, while keeping watch over a new crop of privacy, AI, accessibility and Census challenges across the country. IA also rolled out an updated Code of Standards and Ethics and continued to promote and protect the integrity of the market research, insights and data analytics profession.
Insights Association Advocacy Successes
There were several big advocacy successes in the Golden State for the insights industry this month:
- Governor Gavin Newsom vetoed California A.B. 1542, a bill opposed by the Insights Association that would have prohibited most companies from selling sensitive personal information to a third party. States are cracking down on data sharing, but the governor worried about “unintended consequences if consumers are removed entirely from the decision process."
- IA advocacy helped protect the conduct of market research, insights and analytics in three California privacy and AI bills, curtailing the impact on relations with research subjects before California A.B. 1331, A.B. 1883 and S.B. 947 became law.
- Governor Newsom signed an IA-endorsed bill into law, finally cracking down on abusive litigation that has plagued some insights firms. California S.B. 690 eliminates the private right of action for supposed violations of part of the California Invasion of Privacy Act (CIPA) regarding “pen registers” and “trap and trace” devices. Such suits can now only be brought by the California Attorney General, and the changes are retroactive, covering litigation over the past two years.
Privacy and Data Security
Designed to counter lawsuits similar to the new California law above, a new bill supported by IA in Congress -- the Halt Abusive Internet Lawsuits Act (HAIL Act) -- would exclude cookies and other ordinary commercial website technology from wiretap and eavesdropping laws at the state and federal level.
Artificial Intelligence
Colorado recently rewrote the state’s AI law, reducing the scope to focus on automated decision-making for consequential decisions (which would not include those related to research subjects). The governor signed it into law, revising the state’s 2024 AI law (before it even was supposed to come into effect) with simpler requirements.
Accessibility
A new law in Missouri limits frivolous lawsuits against insights companies for web accessibility violations. It also provides a 90-day right to cure. The law is designed to expire when/if federal standards for the private sector are enacted.
Census
The Census Bureau’s proposed rule to rewrite how the 2030 Census is run poses substantial challenges to the insights industry. The rule will restrict demographic questions, and change who counts and where they are counted.
On September 10, 2026, the U.S. Census Bureau published a proposed rule that would eliminate race and ethnicity questions from the 2030 Census, and change the residence rules for the 2030 Census in multiple ways that the Insights Association worries would make the 2030 Census harder for ordinary people to answer correctly, less consistent in where the census counts them, and less dependable as the benchmark on which all U.S. statistically-representative research relies.
IA will be filing public comments by the November 2, 2026 (following an extension of the original 30 day comment period) and we’re encouraging all insights professionals to use the IA Action Center to warn their Representatives and Senators about the proposed elimination of race and ethnicity questions.
Ethics
In October 2026, the Insights Association Standards Committee rolled out a revised version of the IA Code of Standards and Ethics. While this year was only a minor update to keep the Code clear, consistent, and current, 2027 will be a full review of all aspects of the Code, and the Standards Committee invites input from IA members on how the Code should evolve to continue serving the profession.
See the revised 2026 IA Code of Standards and Ethics.
Meanwhile, IA announced it has permanently barred Frank Nappo, Frank Hayden, Daniel Harriman, and Ryan Stoudt from IA membership after each pled guilty to conspiracy to commit wire fraud in the federal case involving Op4G, Slice (SliceMR), and SNWare. The IA Standards Committee will apply similar consequences to any other individuals or companies involved in fraudulent activity.
Keeping Away Scary Public Policy
The Insights Association can only defend the insights industry from spooky policymaking and scary regulation across the U.S. with ample support from IA members and sponsors like you.
We remain available to answer your questions on these and other legislative/regulatory/legal issues. Please keep in touch… and have a happy Halloween!
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.
About the Author
Based in Washington, DC, Howard is the Insights Association's lobbyist for the marketing research and data analytics industry, focusing primarily on consumer privacy and data security, the Telephone Consumer Protection Act (TCPA), tort reform, and the funding and integrity of the decennial Census and the American Community Survey (ACS).
Howard has more than two decades of public policy experience. Before the Insights Association, he worked in Congress as senior legislative staffer for then-Representatives Christopher Cox (CA-48) and Cliff Stearns (FL-06). He also served more than four years with a science policy think tank, working to improve the understanding of scientific and social research and methodology among journalists and policymakers.
Howard is also co-director of The Census Project, a 900+ member coalition in support of a fair and accurate Census and ACS.
He has also served previously on the Board of Directors for the National Institute for Lobbying and Ethics and and the Association of Government Relations Professionals.
Howard has an MA International Relations from the University of Essex in England and a BA Honors Political Studies from Trent University in Canada, and has obtained the Certified Association Executive (CAE), Professional Lobbying Certificate (PLC) and the Public Policy Certificate (PPC).
When not running advocacy for the Insights Association, Howard enjoys hockey, NFL football, sci-fi and horror movies, playing with his dog, and spending time with family and friends.