We’re taking a moment to reflect on the 2024 state legislative session and what it means for the future of digital rights at the state level. Informed by insights from the State of State Technology Policy 2024 report by NYU’s Center on Technology Policy and EFF’s own advocacy work in state legislatures, this blog breaks down the key issues (Privacy, Children’s Online Safety, Artificial Intelligence, Competition, Broadband and Net Neutrality, and Right to Repair), taking a look back at last year’s developments while also offering a preview of the challenges and trends we can expect in state-level tech policy in the years ahead.
To jump ahead to a specific issue, you can click on the hyperlinks below:
Privacy
Children’s Online Safety and Age Verification
Artificial Intelligence
Competition
Broadband and Net Neutrality
Right to Repair
Privacy
State privacy legislation saw notable developments in 2024, with Maryland adopting a stronger privacy law that includes enhanced protections, such as prohibiting targeted advertising to teens, requiring opt-in consent to process health data, and broadening the definition of sensitive data to include location data. This places Maryland’s law ahead of similar measures in other states. In total, seven states—Kentucky, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, and Rhode Island—joined the ranks of states with comprehensive privacy laws last year, regulating the practices of private companies that collect, store, and process personal data. This expands on the 12 states that had already passed similar legislation in previous years (for a total of 19). Additionally, several of the laws passed in previous years went into effect in 2024.
In 2025, states are expected to continue enacting privacy laws based on the flawed Washington Privacy Act model, though states like Maryland have set a new standard. We still believe these bills must be stronger. States will likely also take the lead in pursuing issue-specific privacy laws covering genetic, biometric, location, and health data, filling gaps where federal action is unlikely (or likely to be weakened by business pressure).
Private Right of Action
A key issue in privacy regulation remains the debate over a private right of action (PRA), which is one of EFF’s main recommendations in comprehensive consumer privacy recommendations and would allow individuals to sue companies for privacy violations. Strong enforcement sits at the top of EFF’s recommendations for privacy bills for good reason. A report from the EPIC and the U.S. PIRG Education Fund highlighted that many state privacy laws provide minimal consumer protections largely due to the absence of private rights of action. Without a PRA, companies are often not held accountable for violations unless state or federal regulators take action, which is both slow and inconsistent. This leaves consumers vulnerable and powerless, unable to directly seek recourse for harm done to their privacy. Unless companies face serious consequences for violating our privacy, they’re unlikely to put our privacy ahead of their profits.
While the California Consumer Privacy Act (CCPA) includes a limited PRA in cases of a “personal information security breach” only, it is alarming that no new comprehensive laws passed in 2023 or 2024 included a PRA. This reluctance to support a PRA reveals how businesses resist the kind of accountability that would force them to be more transparent and responsible with consumer data. Vermont’s 2024 comprehensive consumer privacy bill proposed a PRA in their bill language. Unfortunately, that bill was vetoed by Gov. Phil Scott, demonstrating how powerful corporate interests can undermine consumer rights for the sake of their own convenience.
Consumer Privacy and Government Records
Comprehensive consumer privacy legislation outlined above primarily focuses on regulating the practices of private companies that collect, store, and process personal data. However, these laws do not target the handling of personal information by government entities at the state and local levels. Strong legislation is essential for protecting data held by these public agencies, as government records can contain sensitive and comprehensive personal information. For example, local governments may store data on residents’ health records, criminal history, or education. This sensitive data, if mishandled or exposed, can lead to significant privacy breaches. A case in point is when local police departments share facial recognition or ALPR data, raising privacy concerns about unauthorized surveillance and misuse. As tensions rise between federal, state, and local governments, there will be greater focus on data sharing between these entities, increasing the likelihood of the introduction of new laws to protect that data.
A notable example of the need for such legislation is California’s Information Practices Act (IPA) of 1977, which sets privacy guidelines for state agencies. The IPA limits the collection, maintenance, and dissemination of personal information by California state agencies, including sensitive data such as medical records. However, the IPA excludes local governments from these privacy protections, meaning counties and municipalities— which also collect vast amounts of personal data—are not held to the same standards. This gap leaves many individuals without privacy safeguards at the local government level, highlighting the need for stronger and more inclusive privacy legislation that addresses the data practices of both state and local entities–even beyond California.
Right to Delete and DELETE Act
Data brokers are a major issue when it comes to the irresponsible handling of our personal information. These companies gather vast amounts of personal data and sell it with minimal oversight, often including highly sensitive details like purchasing habits, financial records, social media activity, and precise location tracking. The unregulated trade of this information opens the door to scams, identity theft, and financial exploitation, as individuals become vulnerable to misuse of their private data. This is why EFF supported the California “DELETE Act” in 2023, which allows people to easily and efficiently make one request to delete their personal information held by all data brokers. The law went into effect in 2024, and the deletion mechanism is expected by January 2026—marking a significant step in consumer privacy rights.
Consumers in 19 states have a right to request that companies delete information collected about them, and these states represent the growing trend to expand consumer rights regarding personal data. However, because a “right to delete” that exists in comprehensive privacy laws requires people to file requests with each individual data broker that may have their information, it can be an incredibly time-consuming and tedious process. Because of this, the California Delete Act’s “one-stop shop” is particularly notable in setting a precedent for other states. In fact, Nebraska has already introduced LB602 for the 2025 legislative session, modeled after California's law, further demonstrating the momentum for such legislation. We hope to see more states adopt similar laws, making it easier for consumers to protect their data and enforce their privacy rights.
Issue-specific Privacy Legislation
In 2024, several states passed issue-specific privacy laws addressing concerns around biometric data, genetic privacy, and health information.
Regarding biometric privacy, Maryland, New York, Utah, and Virginia imposed restrictions on the use of biometric identifying technologies by law enforcement, with Maryland specifically limiting facial recognition technology in criminal proceedings to certain high-crime investigations and Utah requiring a court order for any police use of biometrics, unless a public safety threat is present.
Conversely, states like Oklahoma and Florida expanded law enforcement use of biometric data, with Oklahoma mandating biometric data collection from undocumented immigrants, and Florida allocating nearly $12 million to enhance its biometric identification technology for police.
In the realm of genetic information privacy, Alabama and Nebraska joined 11 other states by passing laws that require direct-to-consumer genetic testing companies to disclose their data policies and implement robust security measures. These companies must also obtain consumer consent if they intend to use genetic data for research or sell it to third parties.
Lastly, in response to concerns about the sharing of reproductive health data due to state abortion bans, several states introduced and passed location data privacy and health data privacy legislation, with more anticipated in 2025 due to heightened scrutiny over location data trackers and the evolving federal landscape surrounding reproductive rights and gender affirming care. Among those, nineteen states have enacted shield laws to prohibit sensitive data from being disclosed for out-of-state legal proceedings involving reproductive health activities.
State shield laws vary, but most prevent state officials, including law enforcement and courts, from assisting out-of-state investigations or prosecutions of protected healthcare activities. For example, a state judge may be prohibited from enforcing an out-of-state subpoena for abortion clinic location data, or local police could be barred from aiding the extradition of a doctor facing criminal charges for performing an abortion. In 2023, EFF supported A.B. 352, which extended the protections of California's health care data privacy law to apps such as period trackers. Washington also passed the "My Health, My Data Act" that year, (H.B. 1155), which among other protections, prohibits the collection of health data without consent.
Children’s Online Safety and Age Verification
Children’s online safety emerged as a key priority for state legislatures in the last few years, with significant variations in approach between states. In 2024, some states adopted age verification laws for both social media platforms and “adult content” sites, while others concentrated on imposing design restrictions on platforms and data privacy protections. For example, California and New York both enacted laws restricting "addictive feeds,” while Florida, Mississippi, and Tennessee enacted new age verification laws to regulate young people’s access to social media and access to “sexual” content online. Every statute
None of the three states have implemented their age verification for social media laws, however. Courts blocked Mississippi and Tennessee from enforcing their laws, while Florida Attorney General Ashley Moody, known for aggressive enforcement of controversial laws, has chosen not to enforce the social media age verification part of the bill. She’s also asked the court to pause the lawsuit against the Florida law until the U.S. Supreme Court rules on Texas's age verification law, which only covers the “sexual content” provisions, and does not include the provisions on social media age checks.
In 2025, we hope to see a continued trend to strengthen privacy protections for young people (and adults alike). Unfortunately, we also expect state legislatures to continue refining and expanding age verification and "addictive platform” regulation for social media platforms, as well as so-called “materials harmful to minors,” with ongoing legal challenges shaping the landscape.
Targeted Advertising and Children
In response to the growing concerns over data privacy and advertising, Louisiana banned the practice of targeting of ads to minors. Seven other states also enacted comprehensive privacy laws requiring platforms to obtain explicit consent from minors before collecting or processing their data. Colorado, Maryland, New York, and Virginia went further, extending existing privacy protections with stricter rules on data minimization and requiring impact assessments for heightened risks to children's data.
Artificial Intelligence
2024 marked a major milestone in AI regulation, with Colorado becoming the first state to pass what many regard as comprehensive AI legislation. The law requires both developers and deployers of high-risk AI systems to implement impact assessments and risk management frameworks to protect consumers from algorithmic discrimination. Other states, such as Texas, Connecticut, and Virginia, have already begun to follow suit in the 2025 legislative session, and lawmakers in many states are discussing similar bills.
However, not all AI-related legislation has been met with consensus. One of the most controversial has been California’s S.B. 1047, which aimed to regulate AI models that might have "catastrophic" effects. While EFF supported some aspects of the bill—like the creation of a public cloud-computing cluster (CalCompute)—we were concerned that it focused too heavily on speculative, long-term catastrophic outcomes, such as machines going rogue, instead of addressing the immediate, real-world harms posed by AI systems. We believe lawmakers should focus on creating regulations that address actual, present-day risks posed by AI, rather than speculative fears of future catastrophe. After a national debate over the bill, Gov. Newsom vetoed it. Sen. Weiner has already refiled the bill.
States also continued to pass narrower AI laws targeting non-consensual intimate imagery (NCII), child sexual abuse material (CSAM), and political deepfakes during the 2024 legislative session. Given that it was an election year, the debate over the use of AI to manipulate political campaigns also escalated. Fifteen states now require political advertisers to disclose the use of generative AI in ads, with some, like California and Mississippi, going further by banning deceptive uses of AI in political ads. Legal challenges, including one in California, will likely continue to shape the future of AI regulations in political discourse.
More states are expected to introduce and debate comprehensive AI legislation based on Colorado’s model this year, as well as narrower AI bills, especially on issues like NCII deepfakes, and AI-generated CSAM. The legal and regulatory landscape for AI in political ads will continue to evolve, with further lawsuits and potential new legislation expected in 2025.
Lastly, it’s also important to recognize that states and local governments themselves are major technology users. Their procurement and use of emerging technologies, such as AI and facial recognition, is itself a form of tech policy. As such, we can expect states to introduce legislation around the adoption of these technologies by government agencies, likely focusing on setting clear standards and ensuring transparency in how these technologies are deployed.
Competition
On the competition front, several states, including New York and California, made efforts to strengthen antitrust laws and tackle monopolistic practices in Big Tech. While progress was slow, New York's Twenty-First Century Antitrust Act aimed to create a stricter antitrust framework, and the California Law Revision Commission’s ongoing review of the Cartwright Act could lead to modernized recommendations in 2025. Delaware also passed SB 296, which amends the state’s antitrust law to allow a private right of action.
Despite the shifts in federal enforcement, bipartisan concerns about the influence of tech companies will likely ensure that state-level antitrust efforts continue to play a critical role in regulating corporate power.
Broadband and Net Neutrality
As federal efforts to regulate broadband and net neutrality have stalled, many states have taken matters into their own hands. California, Washington, Oregon, and Vermont have already passed state-level net neutrality laws aimed at preventing internet service providers (ISPs) from blocking, throttling, or prioritizing certain content or services for financial gain. With the growing frustration over the federal government’s inaction on net neutrality, more states are likely to carry the baton in 2025.
States will continue to play an increasingly critical role in protecting consumers' online freedoms and ensuring that broadband access remains affordable and equitable. This is especially true as more communities push for expanded broadband access and better infrastructure.
Right to Repair
Another key tech issue gaining traction in state legislatures is the Right to Repair. In 2024, California and Minnesota’s Right-to-Repair legislation went into effect, granting consumers the right to repair their electronics and devices independently or through third-party repair services. These laws require manufacturers of devices like smartphones, laptops, and other electronics to provide repair parts, tools, and manuals to consumers and repair shops. Oregon and Colorado also passed similar legislation in 2024.
States will likely continue to pass right-to-repair legislation in 2025, with advocates expecting between 25 to 30 bills to be introduced across the country. These bills will likely expand on existing laws to include more products, from wheelchairs to home appliances and agricultural equipment. As public awareness of the benefits of the Right to Repair grows, legislators will be under increasing pressure to support consumer rights, promote environmental sustainability, and combat planned obsolescence.
Looking Ahead to the Future of State-Level Digital Rights
As we reflect on the 2024 state legislative session and look forward to the challenges and opportunities of 2025, it’s clear that state lawmakers will continue to play a pivotal role in shaping the future of digital rights. From privacy protections to AI regulation, broadband access, and the right to repair, state-level policies are crucial to safeguarding consumer rights, promoting fairness, and fostering innovation.
As we enter the 2025 legislative session, it’s vital that we continue to push for stronger policies that empower consumers and protect their digital rights. The future of digital rights depends on the actions we take today. Whether it’s expanding privacy protections, ensuring fair competition, or passing comprehensive right-to-repair laws, now is the time to push for change.
Join us in holding your state lawmakers accountable and pushing for policies that ensure digital rights for all.