I’ve read many things about ADPPA, and I’ve written a few things about it as well. I remain highly ambivalent about the law; I truly am torn. Below are a few of the pieces that are especially insightful on different sides of the issue.
5. Congressional Research Service, Federal Preemption: A Primer (July 23, 2019). Alan Butler (EPIC) brought my attention to this excellent resource on preemption. There are many different types and formulations for preemption, and this document explains them all. It is immensely informative.
4. Letter from the California Privacy Protection Agency to House Speaker Nancy Pelosi, How the American Data Privacy and Protection Act (ADPPA) Compromises Californians’ Privacy Protections (July 1, 2022). Important letter stating the position of the California Privacy Protection Agency on the ADPPA.
3. Cameron F. Kerry, Federal Privacy Negotiators Should Accept Victory Gracefully, Brookings (Aug. 12, 2022). Cam Kerry has been working on the issue of a federal privacy law for a very long time, and he has a thoughtful and pragmatic position.
2. Californians for Consumer Privacy, Comparison Chart of CCPA vs. ADPPA (Aug. 12, 2022). Alastair Mactaggart’s organization has compiled a very detailed comparison between the CCPA (as amended by the CPRA) and ADPPA.
1. Danielle Keats Citron & Alison Gocke, Nancy Pelosi Is Blocking Landmark Data Privacy Legislation—for a Good Reason. But There’s a Way to Fix It, Slate (Sept. 9, 2022). This piece suggests a way to address the preemption problem, by giving California a waiver from preemption, as it has with the Clean Air Act. With this change, I would happily support the ADPPA!
Honorable Mentions: There are so many other articles that I have found useful, so here are a few more as a bonus:
- Andrea Peterson, Why Experts Have Hope in the Federal Privacy Bill – Even If It Doesn’t Pass, The Record (Aug. 9, 2022)
- Dell Cameron, The American Data Privacy and Protection Act Would Be a Bipartisan Triumph—If It Could Pass, Gizmodo (Aug. 18, 2022)
- Julia Angwin, Federal Privacy Law Has Momentum, but There’s a Catch, The Markup (July 30, 2022)
- Alan Butler and Caitriona Fitzgerald, Evaluating the American Data Privacy and Protection Act, Tech Policy Press (Aug. 8, 2022)
- Congressional Research Service, Overview of the American Data Privacy and Protection Act, H.R. 8152 (July 30, 2022)
Daniel J. Solove is John Marshall Harlan Research Professor of Law at George Washington University Law School. He is the founder of TeachPrivacy, a company that provides computer-based privacy and data security training. His most recent book is Breached! Why Data Security Law Fails and How to Improve It, published by Oxford University Press 2022.