Tech-Focused State Lawmakers Head to the Hill for Privacy, AI Discussions
Privacy and AI-focused state lawmakers will meet with congressional offices next week to discuss legislative priorities, Virginia Del. Michelle Lopes Maldonado (D) told us in an interview Friday. For 2026, she expressed interest in updating Virginia’s comprehensive privacy law and regulating AI chatbots with Democrats now in full control of the legislative and executive branches after Tuesday's election.
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Maldonado was recently named vice chair of the National Conference of State Legislatures (NCSL) Task Force on Artificial Intelligence, Cybersecurity and Privacy, joining co-Vice Chair James Maroney (D), of Connecticut. The task force’s quarterly meeting will be held in Washington, D.C.
Congressional Republicans like Rep. Jay Obernolte, R-Calif., remain focused on potentially limiting how states can regulate AI technology (see 2510300041).
“It’s not over,” Maldonado said of House Republicans’ failed attempt to pass a 10-year moratorium blocking state AI regulation (see 2507010071). While there are clear areas where the federal government should regulate alone, such as national security, she said state legislatures and enforcers need to fill the gaps federal statutes leave. COPPA is a good example of federal and state policymakers working collaboratively, she said, noting states’ ability to enforce the federal privacy law. “This binary approach is proven to work better than having a singular, exclusionary approach.”
The NCSL task force includes Colorado Senate Majority Leader Robert Rodriguez (D); Texas Republican Giovanni Capriglione; New York Assemblymember Alex Bores (D); New York Sen. Kristen Gonzalez (D); and Maine Rep. Amy Kuhn (D).
Maldonado is a member of the House Technology Committee, from which the Virginia Consumer Data Protection Act originated with Chairman Cliff Hayes (D). She said she’s expressed interest in Virginia updating definitions in its privacy law, particularly on biometric technology. Virginia’s privacy law was a “good place to start,” but the definitions need to be updated to match modern technology and current data collection practices, she said. Virginia Democrats won the governor's race and gained more than a dozen seats in the state House in Tuesday's election.
There should be a requirement to get consent when capturing a person with face-scanning technology, both in public and private settings, she said. She’s also interested in restricting how chatbots can operate with minors and in mental health-related interactions. Sens. Josh Hawley, R-Mo., and Richard Blumethal, D-Conn., are leading federal efforts to ban chatbots for children (see 2511050048).
She said that in 2026, there’s likely to be a focus on AI system disclosure and transparency. Marashlian & Donahue compliance attorney Susan Duarte, in an interview Friday, agreed transparency and disclosure are some of the “most fertile” areas for legislating. She said consumers should have a better understanding of how their data is used, but enforcement only goes so far. Ultimately, Congress needs to pass a “more uniform federal law in the privacy space,” she said.
Maldonado said NCSL’s goal next week isn’t to push back against the AI moratorium proposal but to find areas of common ground on regulating privacy and AI.