Skip to content
Americans for Propriety
Menu

Issue area

Concentrated platform power is concentrated public power.

We support a comprehensive federal privacy law, AI accountability rules with meaningful enforcement, antitrust action against dominant platforms, restoration of net neutrality, and protection of digital labor and creator rights.

Pillars

Where we plant our flag

Federal privacy law

The US is the largest economy in the world without a comprehensive federal privacy law. Pass one. Match the GDPR floor without copying its mistakes.

AI accountability

Substantive risk regulation for high-impact AI systems. Pre-deployment evaluation, post-deployment monitoring, and meaningful liability for harm. Resist preemption that would cap state-level innovation.

Platform antitrust

Continued enforcement of the major cases. Structural remedies where conduct remedies have failed. Resist preemption of state-level antitrust.

Net neutrality and broadband

Reinstate net neutrality. Universal broadband infrastructure. Affordable Connectivity Program restoration.

Digital labor and creator rights

Worker protections for platform-mediated work (overlapping with the Labor cluster). Compensation frameworks for creators whose work trains AI systems. Real recourse for non-consensual intimate imagery.

Facts on file

What's actually true

  • The US has no comprehensive federal privacy law. Sectoral laws (HIPAA, FERPA, GLBA, COPPA) cover specific contexts; the rest is governed by FTC general consumer-protection authority.
  • California's Consumer Privacy Act (CCPA), Virginia's CDPA, Colorado's CPA, and at least a dozen other state-level privacy laws have been enacted in the absence of federal action.
  • FTC, DOJ, and state AG antitrust cases against major platforms (Google, Meta, Amazon, Apple) have advanced through trial in recent years, with mixed but generally favorable outcomes for enforcers.
  • Net neutrality has been adopted, repealed, and reinstated multiple times depending on which party controls the FCC; the underlying statutory framework has not been clarified by Congress.
  • Generative AI deployment has accelerated rapidly since 2022; federal regulatory response has been incremental (Executive Order 14110, NIST AI Risk Management Framework, sectoral agency action) without comprehensive legislation.
  • Roughly 30% of US adults rely on smartphones for primary internet access, with implications for accessibility, cost, and data-cap exposure.
  • Affordable Connectivity Program enrollment exceeded 23 million households before funding lapsed in 2024.

In context

Read the issue

The internet is the most consequential infrastructure built in the past fifty years. The legal architecture governing it is, in the United States, the most consequential gap. The 1996 Telecommunications Act predates the consumer internet’s current shape. There is no comprehensive federal privacy law. AI accountability frameworks remain partial and sectoral. Antitrust enforcement against major platforms is the most active in decades but operates against a Supreme Court doctrine that has favored dominant firms for forty years.

The five sub-topics below — federal privacy law, AI accountability, platform antitrust, net neutrality and broadband, and digital labor/creator/victim rights — are the load-bearing fights. They are interrelated. Privacy law affects what data AI systems can train on. Antitrust affects what platforms can do with the data they hold. Net neutrality affects whether broadband markets discriminate among traffic. Digital labor protections intersect every platform-mediated industry.

The structural pattern across all of them is familiar: rapid commercial development, slower regulatory response, and a recurring tension between federal preemption and state-level experimentation. State laws have advanced in the federal vacuum; the resulting patchwork creates compliance complexity that industry uses to argue for federal preemption — preemption that, as written, would often roll back state protections rather than building on them. The principled position is federal action that sets a meaningful floor without preempting state-level innovation. The political question is whether that compromise is achievable.

What we try to bring to this issue area is the same thing we bring to every issue area: facts on the record, plain-language explanation of what’s at stake, and tools for constituents to weigh in on legislation that will shape an infrastructure most people use every day and few people understand the legal architecture of.

Sub-topics

The conversation, broken down

Federal privacy law

Why the United States is the largest economy without comprehensive privacy regulation, and what passing one would entail.

The European Union enacted the General Data Protection Regulation (GDPR) in 2018. China enacted the Personal Information Protection Law in 2021. The United States has not passed a comprehensive federal privacy law. The result is a fragmented sectoral patchwork — HIPAA for health, FERPA for education, GLBA for finance, COPPA for children — with everything else governed by the FTC's general consumer-protection authority. State-level privacy laws (CCPA in California, CDPA in Virginia, CPA in Colorado, and at least a dozen others) have advanced in the federal vacuum, producing a 50-state patchwork that businesses navigate through compliance overhead and that regulators navigate through inconsistent application. The American Privacy Rights Act and similar federal proposals would establish a comprehensive framework: data minimization requirements, consent rules for sensitive data, individual rights (access, correction, deletion, portability), and FTC enforcement authority. The recurring sticking point is preemption — whether federal law would preempt state laws (which industry favors) or set a federal floor over which states can build (which advocates favor). The substantive policy compromises are negotiable; the political compromise on preemption has been the harder problem.

AI accountability

What substantive AI regulation looks like, and what 'innovation-friendly' versions actually do.

Generative AI deployment has accelerated rapidly since 2022. The federal regulatory response has been incremental: Executive Order 14110 (2023) established a baseline of agency action; the NIST AI Risk Management Framework provided voluntary technical guidance; sectoral agencies (FTC, EEOC, DOJ Civil Rights, FDA, others) have applied existing authorities to AI systems within their jurisdictions. Comprehensive federal AI legislation has been introduced in multiple forms but not enacted. The substantive policy levers: pre-deployment evaluation requirements for high-impact systems (employment, lending, healthcare, criminal justice), post-deployment monitoring and incident reporting, transparency requirements (training data, model cards, capability disclosures), and meaningful liability frameworks for harm. State-level action has filled some gaps — Colorado's AI Act, California's SB 1047 (vetoed but reintroduced in modified form), and several state-level disclosure and labeling rules. The federal preemption question that constrains privacy law also constrains AI law; industry preference for a federal preemption floor has been a recurring obstacle. The advocates' position has been that federal law should set a meaningful floor without preempting state-level experimentation.

Platform antitrust

Where the cases stand, and what structural remedies would mean.

After roughly forty years of underenforcement under the consumer-welfare standard, US antitrust enforcement against major platforms has been the most active in a generation. The DOJ Search case against Google reached trial in 2023; the August 2024 ruling found Google liable for monopolization of search; remedies are being litigated. The DOJ AdTech case against Google reached trial in 2024. The FTC case against Meta (concerning Instagram and WhatsApp acquisitions) is in active proceedings. The DOJ case against Apple's iOS practices was filed in 2024. State AG cases have run in parallel. The substantive policy question is increasingly about remedies. Conduct remedies — behavioral commitments by the dominant firm — have a poor track record in tech antitrust historically (Microsoft 1990s consent decree being the standard reference). Structural remedies — divestitures of specific lines of business — are more enforceable but politically and operationally more complex. The legislative complement to enforcement: the American Innovation and Choice Online Act and similar bills would prohibit specific self-preferencing and discrimination practices by dominant platforms. Reintroduced in multiple sessions; not yet enacted. The combined enforcement and legislative agenda represents the most concerted antitrust push of the post-1980s period.

Net neutrality and broadband

The repeated reversals, the underlying statutory ambiguity, and the broadband access gap.

Net neutrality — the principle that internet service providers should not discriminate among lawful internet traffic by content, source, or destination — has been adopted, repealed, and reinstated multiple times depending on which party controls the FCC. The underlying statutory framework, the Communications Act, was last comprehensively updated in 1996 (before the consumer internet existed in its current form). The Court of Appeals' 2024 ruling vacating the most recent net-neutrality reinstatement, on Chevron-related grounds following the 2024 Loper Bright ruling, has made the regulatory path narrower; congressional action would now be the more durable route. Beyond net neutrality, the broadband access gap remains substantial. Roughly 30% of US adults rely on smartphones for primary internet access; tens of millions of households lack home broadband. The Bipartisan Infrastructure Law's Broadband Equity, Access, and Deployment program is the largest federal broadband infrastructure investment in history. The Affordable Connectivity Program, which subsidized broadband for low-income households, ran out of funding in 2024; restoration is a continuing legislative priority. The combined infrastructure-and-affordability agenda is one of the more bipartisan tech policy areas, with broad consensus on the destination if not on the funding mechanism.

Digital labor, creators, and harms

Where digital systems affect specific worker, creator, and victim populations.

Several digital-economy issues that intersect this cluster but require their own attention. Platform labor (rideshare, delivery, task work) is covered in the Labor & Wages cluster's misclassification subtopic; the digital infrastructure that mediates it is part of this cluster. Creator economy policy — compensation for artists, writers, and creators whose work is used to train generative AI — is an active legislative and litigation frontier; the COPIED Act, the NO FAKES Act, and various state-level laws on AI-generated likenesses are advancing. Non-consensual intimate imagery (NCII), including AI-generated, is an area where federal action has been incremental (the TAKE IT DOWN Act and similar proposals) and state action has been more aggressive. Children's online safety has been a particularly active area, with KOSA and parallel proposals raising substantive policy questions about platform liability, content moderation, and parental controls — and constitutional questions about First Amendment reach. Across all of these, the structural pattern is similar to other tech-policy areas: rapid commercial development, slower regulatory response, and a recurring tension between federal preemption and state-level experimentation.

Legislation

Key bills to watch

Bill What it does Status
American Privacy Rights Act federal Comprehensive federal privacy law: data minimization, consent for sensitive data, individual rights, FTC enforcement. Preemption scope is the recurring sticking point. Reintroduced; partial committee advancement; not enacted
American Innovation and Choice Online Act (AICOA) federal Prohibits self-preferencing and discriminatory conduct by dominant digital platforms. Reintroduced multiple sessions; not advanced to floor
Open App Markets Act federal Restricts app-store conduct (requirement to use specific in-app payment systems, anti-steering provisions). Reintroduced; not advanced
Affordable Connectivity Program restoration federal Restores funding for the broadband subsidy program that lapsed in 2024 with 23M+ enrolled households. Multiple proposals; not yet enacted
AI Accountability Act / sectoral AI bills federal Various proposals for AI risk regulation: pre-deployment evaluation, monitoring, transparency. Multiple in committee; no comprehensive enactment
KOSA / Kids Online Safety Act federal Federal duty of care for online platforms regarding minors; contested First Amendment scope. Senate passage; House action pending
TAKE IT DOWN Act / NCII bills federal Federal protections against non-consensual intimate imagery, including AI-generated. Multiple proposals; partial enactment
Colorado AI Act / California AI bills state State-level AI risk regulation. Colorado's law takes effect 2026; California's SB 1047 vetoed but reintroduced. Active in multiple states
California Delete Act state · California Centralized one-step deletion of personal data from data brokers operating in California. Enacted; in implementation

Who's affected

Who carries the cost, who reaps the benefit

Tech, AI, and data policy affect almost everyone, but the costs and benefits fall in patterns that don't always align with the political conversation around them.

Privacy harms fall heaviest on populations whose data is collected most and whose recourse is weakest: children, low-income consumers, immigrants, people seeking reproductive or gender-affirming care, victims of stalking and abuse, populations subject to algorithmic decision-making in employment, lending, and criminal justice. The lack of comprehensive federal privacy law means most of these populations have only the recourse their state laws provide.

AI deployment in high-impact decisions — hiring, tenant screening, credit decisions, healthcare triage, criminal-justice risk assessment — falls heaviest on populations historically subject to discrimination. The systems can encode or amplify existing patterns; without accountability frameworks, the resulting harms reach the affected populations without producing legal recourse.

Platform power affects small businesses dependent on dominant platforms for distribution (e-commerce sellers, app developers, content creators); workers whose terms of work are platform-mediated (the labor-cluster overlap); and consumers facing reduced choice and innovation in markets where dominant firms have entrenched their positions.

Broadband access falls along familiar patterns: rural communities, lower-income urban communities, tribal lands, and populations with limited mobility face the sharpest access gaps. The Affordable Connectivity Program addressed the affordability gap for tens of millions; its lapse has produced measurable disconnection.

Creators and artists face an emerging set of issues around AI training data, generated likenesses, and compensation frameworks. Workers in industries facing AI-driven displacement (translation, content moderation, customer service, certain creative roles) face structural changes that the labor-policy framework has only begun to address.

Victims of digital harms — NCII, online harassment, doxing, identity fraud — face uneven recourse across states, with the federal lever still incremental and with platform liability framed by Section 230 in ways that periodically reach the courts.

The benefits of the current pattern flow to dominant platforms, large data brokers, AI companies operating in the regulatory vacuum, and the broader digital infrastructure that has captured most of the post-2010 economic value created by the internet. The asymmetry between concentrated benefits and diffuse costs is, again, the structural reason reform is hard.

Timeline

How we got here

  1. Communications Decency Act enacted; Section 230 establishes platform liability framework.
  2. Telecommunications Act updates the Communications Act for the cable/internet era (last comprehensive update).
  3. COPPA enacted, the first federal child privacy law.
  4. FCC Open Internet Order establishes net neutrality.
  5. Verizon v. FCC vacates initial net neutrality rules.
  6. FCC reclassifies broadband under Title II; reinstates net neutrality.
  7. FCC repeals net neutrality.
  8. GDPR takes effect in EU. California Consumer Privacy Act enacted.
  9. FTC v. Facebook antitrust case filed. DOJ v. Google search case filed.
  10. ChatGPT release accelerates generative AI deployment.
  11. Executive Order 14110 establishes federal AI policy baseline. Multiple state-level privacy laws take effect.
  12. DOJ wins Google search antitrust case at trial; remedies pending. ACP funding lapses. FCC net neutrality reinstated, then vacated by appeals court.
  13. Loper Bright overrules Chevron deference; substantial implications for technology regulation.
  14. AI legislation advances at state level; federal comprehensive privacy law remains pending; antitrust enforcement continues.

Glossary

Plain-language definitions

GDPR
General Data Protection Regulation. The EU's 2018 comprehensive privacy law; the global benchmark for privacy regulation.
CCPA / CPRA
California Consumer Privacy Act and California Privacy Rights Act. State-level privacy laws applying to businesses meeting size thresholds.
Section 230
Section 230 of the Communications Decency Act, the federal provision protecting online platforms from liability for user-generated content. Subject to recurring reform proposals from across the political spectrum.
Net neutrality
The principle that internet service providers should not discriminate among lawful internet traffic. Subject to repeated regulatory reversals; durable codification requires congressional action.
Title II
Section of the Communications Act allowing the FCC to regulate broadband providers as common carriers, the basis for net-neutrality rules. Subject to recurring administrative reversals.
Common carrier
Regulatory classification requiring a service provider to serve all customers on equal terms. Historically applied to telephone, postal, and rail services; net-neutrality fights are about whether broadband qualifies.
ACP (Affordable Connectivity Program)
Federal broadband subsidy for low-income households. Lapsed 2024; restoration pending.
Algorithmic accountability
Frameworks for evaluating and disclosing the impact of algorithmic systems on protected populations and high-impact decisions (employment, lending, criminal justice).
Foundation model
Large-scale general-purpose AI models that can be adapted to many downstream tasks. The locus of much current AI regulatory and antitrust attention.
NCII (Non-Consensual Intimate Imagery)
Sexual imagery shared without the depicted person's consent, including AI-generated. Subject to expanding federal and state legal frameworks.

Engage

What you can do

Actions

  • Support the American Privacy Rights Act The US is the largest economy without a comprehensive federal privacy law. APRA is closer to passage than any predecessor. Open the letter generator →
  • Support platform antitrust and the American Innovation and Choice Online Act The DOJ search ruling was the easy part. The remedies fight, AICOA, and parallel cases will shape competition for the next decade. Open the letter generator →