Experts Provide Early Analysis of the American Privacy Rights Act

OTI Senior Policy Analyst David Morar provides an early analysis of the American Privacy Rights Act as part of an expert roundup by Tech Policy Press.

The realities of compromise

David Morar, PhD, Senior Policy Analyst, Open Technology Institute

It would be an understatement to say I’m excited about credibly discussing the potential passage of federal comprehensive privacy legislation—again. For context, I’ve argued for passing ADPPA at every single public event at which I’ve spoken since the summer of 2022. Given the need to ensure bipartisan support, the discussion draft of the APRA—much like the ADPPA—is less a reflection of a comprehensive regulatory regime and more one of a negotiated compromise, and we need to get comfortable with that reality, even while we push for a different result of said compromise.

My perpetual optimism about eventually getting a bill like this passed is usually tempered by the understanding that we likely won’t get too many chances like this, and we should not waste a second one. What is clear is that while the bill name and text may be new, we are not having a new conversation about federal legislation: the APRA is rooted in some of the same concepts as the ADPPA and reflects, among other things, an interim compromise on principles for which civil society has long advocated.

The key word in understanding the APRA is “interim,” since we are dealing with the discussion draft. The current form of the APRA has loosely different answers to the same legislative questions that were addressed by the ADPPA, but it does not mean it will stay that way. The APRA is a credible compromise proposal that deserves urgent engagement. We need to ensure that it can pass with thoughtful modifications that ensure the bill is as effective as possible, especially for communities and individuals most disproportionately affected by privacy violations. Let’s roll up our sleeves and get to work.