Brookings Institution

While it is not out of the question that California’s tough privacy law plus follow-up action by other states could encourage Congress to enact legislation, working out issues regarding the right to sue and state preemption controversies would be easier with a Democratic President, House, and Senate than divided party control. In the latter situation, Joe Biden would have to find a few Senators willing to buck their party and vote with him to resolve those issues. Such a coalition could happen, but these kinds of negotiations always are lengthy and complicated.

Confronting the Biden transition are five existential crises. The pandemic is surging. The economy is stalling. Social justice is faltering. Climate change is on a rampage. And the government that is essential to dealing with each of these problems has been hollowed out by four years of constant attacks. And, oh yes, these issues must be dealt with despite a potentially divided government and deeply divided citizenry. As a tech policy wonk, I am often asked, “How will the Biden transition handle tech policy?” It is the wrong question.

The 116th Congress opened with great energy and promise for federal privacy legislation across both houses and parties. By the end of 2019, though, Senate Commerce Committee Chairman Roger Wicker (R-MS) and Ranking Member Maria Cantwell (D-WA) each released separate proposals, respectively the draft US Consumer Data Privacy Act (USCDPA) and the Consumer Online Privacy Rights Act (COPRA).