Cybersecurity Policy Report, Biden Calls for Privacy Legislation, AI Action, (Mar 11, 2024)

By Lynn Stanton

During his State of the Union address Thursday evening, President Biden called for passage of bipartisan privacy legislation “to protect our children online”; harnessing “the promise of AI,” or artificial intelligence; “protect[ing] us from its peril”; and “ban[ning] AI voice impersonation.”

The president also touted past and ongoing efforts on a range of tech and broadband issues.

“Thanks to our Chips and Science Act, the United States is investing more in research and development than ever before,” he said. “During the pandemic [there was] a shortage of semiconductor chips that drove up the prices for everything from cell phones to automobiles. And by the way we invented those chips right here in America.”

Delivering the Republican response to the State of the Union address, Sen. Katie Britt (R., Ala.) said that China is “spreading propaganda through the likes of TikTok” and that President Biden “bans TikTok for government employees but creates an account for his own campaign. You can’t make this stuff up.”

In a press gaggle Friday, President Biden said he would support banning TikTok and that if Congress passed such legislation, he would sign it, according to a pool report.

The House Energy and Commerce Committee last week unanimously approved a pair of bills, on 50-0 votes, that are designed to limit ownership by foreign adversaries of social media platforms used in the U.S., like ByteDance Ltd.’s ownership of TikTok, and prohibit data brokers from transferring the sensitive data of U.S. users to foreign adversaries (CPR, March 7).

Reacting to the president’s mention of data privacy in the State of the Union address, House Commerce Committee Chair Cathy McMorris Rodgers (R., Wash.) said, “The American people deserve to know that their personal data is protected. While it is encouraging to see President Biden’s recent announcement to crack down on the sale of Americans’ personal data to foreign adversaries, Republicans and Democrats agree the best way to truly secure people’s data is for Congress to pass comprehensive data privacy and security legislation that enacts one national data privacy standard. President Biden must work with Congress to end the patchwork of state privacy laws, protect kids online, and prevent bad actors and foreign adversaries from surveilling and exploiting Americans’ data.”

Regarding privacy, Information Technology Industry Council (ITI) President and Chief Executive Officer Jason Oxman said, “The President is right that the best way to protect children online is the passage of a federal privacy law. There is bipartisan agreement that a federal privacy law, replacing a patchwork of different state approaches, would provide the most comprehensive protection for all online users while advancing American innovation.”

Regarding AI, he said, “We support the President’s call for harnessing the power of AI and protecting consumers against misuse of AI tools. As to one misuse of AI he highlighted (perhaps because it happened to him) the FCC rule last month that robocalls using AI generated voice impersonations are illegal. It’s an important reminder that targeting illegal behavior—not AI itself—is the right approach.”

Regarding the president’s call for privacy legislation, Computer & Communications Industry Association President and CEO Matt Schruers said, “Congress has the opportunity to ensure consumers have greater protection and businesses greater certainty across the board if they proceed with federal guidelines for how data is to be used and collected. At a time when responsible online services are updating policies to collect less data, laws that would require the collection of more personal data for companies to prove compliance would hinder more than help the situation we are trying to solve.”

Regarding privacy legislation, Prem Trivedi, director-policy for New America’s Open Technology Institute, said, “President Biden rightly pointed out that bipartisan federal privacy legislation is key to keeping children safe. OTI has persistently called on Congress to reintroduce and pass comprehensive federal privacy legislation, like the 2022 American Data Privacy and Protection Act, as doing so is a crucial first step in protecting all Americans’ privacy and security—and in regulating artificial intelligence. Privacy protections, paired with algorithmic accountability mechanisms required by legislation like the Algorithmic Accountability Act, provide a meaningful way to address harms while also laying the groundwork for future AI legislation that balances innovation and internet users’ rights. President Biden also rightly highlighted other ‘perils’ that AI may exacerbate, such as manipulated media and disinformation.”

Future of Privacy Forum Chief Executive Officer Jules Polonetsky, said, ““At this critical moment in time, the U.S. is positioned to demonstrate leadership to develop and regulate emerging technologies such as AI. These tools, while incredibly advantageous when deployed responsibly, also carry tremendous potential to cause harm. We commend the Biden administration for recognizing the multifaceted challenges and opportunities presented by AI technologies.”

Mr. Polonetsky added, “We’re also encouraged to hear President Biden reaffirm his commitment to enacting stronger privacy protections for kids online. Technology creates both terrific opportunities and real risks for young people, and as kids spend more time online and as AI and other technologies continue to evolve, finding that balance has become more difficult — and more important — than ever before. We stand by the fact that a comprehensive federal privacy law would address some of the most pressing privacy concerns associated with AI, including algorithms’ use of mass amounts of sensitive data.”

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