07/08/2026
A follow-up on something I wrote back in April about federal privacy legislation.
I said then to watch for the word "preempt" in any federal privacy bill. A bill introduced this spring taught me the word itself is optional.
H.R. 8413, the SECURE Data Act, describes itself as "a national framework for consumer privacy rights." Section 15 handles the states in a single sentence: no state may "prescribe, maintain, or enforce" any law that "relates to" the Act.
"Maintain" is the word doing the damage. It means existing laws get erased, not just future ones blocked. California, Illinois, Virginia, Colorado, Texas. All of them.
And there's no exception clause for state laws. The same bill carefully lists a dozen federal laws it preserves. The drafters know how to write that list. They didn't write one for the states.
The bill also repeals the Video Privacy Protection Act, one of the few federal privacy laws that lets you sue. Its replacement gives you no right to sue at all.
Europe's GDPR works as a floor. Member states can exceed it. This bill works as a ceiling, and it sits lower than what half the country already has. This is the "tell" that the legislation is not written for The People.
Bill text: https://www.congress.gov/bill/119th-congress/house-bill/8413
One question worth asking your representative: why does this bill protect twelve federal laws by name and eradicate state leadership?