EPIC Leads Comment from State Legislators, Civil Society Responding to DOJ Preemption Attempt

EPIC led a comment signed by 46 state legislators and civil society organizations in response to a Request for Information (“RFI”) from the Department of Justice (“DOJ”) regarding “State Laws Having Significant Adverse Effects on the National Economy or Significant Adverse Effects on Interstate Commerce.”

The DOJ’s request was the latest in a string of attempted assaults on state policymaking.

“We reject the assumption that state policymaking ‘“’undermines Federalism,’ the coalition comment read. “Rather, state policymaking is the backbone of federalism.” The coalition asked the DOJ to withdraw the RFI.

Industry groups, data brokers, and others also submitted comments in response to DOJ’s request asking the Department to undermine state policymaking. The Software & Information Industry Association asked DOJ to use “all available tools” to address state regulations, specifically targeting data privacy laws such as the Maryland Online Data Privacy Act and kids online safety laws such as California’s Age Appropriate Design Code and New York’s Child Data Protection Act. Data broker Unacast suggested that Congress should enact a national standard that expressly preempts state-level bans on the sale of precise geolocation data.