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Legislative Toolkit Series #3
Topic 3: Preemption

The third of FPF's Privacy Legislation Series will consist of an educational webinar on the topic of "Preemption." This highly complex and contentious issue must be solved in order to draft comprehensive privacy legislation. Often described as a binary choice, preemption may in fact take a variety of forms.

This briefing will cover:
- How federal preemption of state laws works in the US federal system, including concepts of: implied and express preemption, conflict preemption, and field preemption ("floors" versus "ceilings") (and a few things in between);
- How existing U.S. sectoral privacy laws do or do not preempt state privacy laws, and what we might learn from preemption in other non-privacy sectors, such as environmental law or financial regulation; and
- The range of existing (and growing number of) state privacy laws, and what policymakers will have to consider when drafting, or choosing not to draft, preemption provisions in an omnibus federal privacy law.

Please feel free to send questions ahead of time to psanderson@fpf.org or sgray@fpf.org.

Dec 19, 2019 12:00 PM in Eastern Time (US and Canada)

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Pollyanna Sanderson
Policy Counsel @Future of Privacy Forum
Pollyanna joins FPF as Policy Counsel. Previously, Polly worked on privacy and data security as the Google Public Policy Fellow (resident at the National Consumers League). Polly gained experience in data protection as a legal intern at Bird & Bird. As a policy intern at a UK government department, she conducted research on the relationship between digital platforms, the gig economy, and employment law. Polly attained her Bachelors in Law at Queen Mary, University of London. There, she was awarded the Principals Prize for outstanding academic achievement. She came to the U.S. as the Drapers’ Company Scholar of 2018, where she completed her Master of Laws at William & Mary. She focused on artificial intelligence, emergent technologies, and their effect on the legal landscape. As Treasurer for the Data Privacy and Cyber Security Society, Polly participated in a symposium where she spoke about biases inherent to predictive data analysis.
Stacey Gray
Senior Counsel @Future of Privacy Forum
Stacey Gray is a Senior Policy Counsel at the Future of Privacy Forum (FPF), focusing on U.S. federal and state privacy legislation and policymaker outreach. She specializes in issues of data collection in online and mobile platforms, online advertising (ad tech), Smart Homes, and the Internet of Things. At FPF, she has driven public commentary and analysis of diverse legislative efforts and agency initiatives, including the California Consumer Privacy Act (CCPA), the Washington Privacy Act (WPA), the 2016 FCC privacy rules, and FTC workshops on smart TVs and cross-device tracking. Before joining FPF in 2015, Stacey graduated cum laude from Georgetown University Law Center, where she first worked in privacy civil rights litigation as a law clerk for Victor M. Glasberg & Associates, and as a member of the civil rights division of the Institute for Public Representation.
Peter Swire
Professor of Law and Expert on Privacy and Cybersecurity @Senior Fellow with FPF
Peter Swire has been a leading privacy and cyberlaw scholar, government leader, and practitioner since the rise of the Internet in the 1990’s. He came to the Georgia Institute of Technology in 2013, where he is the Elizabeth and Tommy Holder Chair. Swire teaches in the Scheller College of Business, with appointments by courtesy with the College of Computing and School of Public Policy. He is senior counsel with the law firm of Alston & Bird LLP. Swire served as one of five members of President Obama’s Review Group on Intelligence and Communications Technology. Prior to that, he was co-chair of the global Do Not Track process for the World Wide Web Consortium. He is a Senior Fellow with the Future of Privacy Forum, and a Member with the National Academy of Sciences & Engineering Forum on Cyber Resilience. Under President Clinton, Swire was the Chief Counselor for Privacy, in the U.S. OMB, the first person to have U.S. government-wide responsibility for privacy policy.