How Congress Can Foster a Digital Single Market in America

February 20, 2024


The Constitution grants the federal government power to regulate interstate commerce. As the Internet is inherently cross-border, the federal government has the power to preempt state and local laws that govern digital policy.
Replacing the existing state-by-state patchwork of legislation with a U.S. digital single market would simplify compliance and reduce confusion for consumers.
The federal government has previously established a national standard for content moderation and net neutrality, but recent developments have undermined this progress and reintroduced confusion and complications.
On issues such as data privacy, data breach notification, children’s online safety, right to repair, and right of publicity, Congress could create a national standard that would protect consumers while prioritizing innovation.
On issues such as digital taxes, e-commerce, and digital identification, collaboration between federal and state governments would benefit both businesses and consumers.