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Lawmakers brace for litigation and industry questions after Utah’s digital choice, data portability push
Summary
Panelists discussed Utah’s social media laws and the Utah Digital Choice Act that enables data portability. Lawmakers said the law has a delayed effective date, litigation is expected, and businesses should engage early to avoid unintended harms.
Utah lawmakers who helped write the state’s social media laws told a policy panel that they expect litigation and urged businesses to engage with legislators as the state implements new data-portability requirements.
Sen. Mike McKellum, a floor sponsor of the legislation, said Utah worked across the executive and legislative branches to craft the laws and that families reported harms that motivated action. He noted the state has delayed the law’s effective date and "expects there'll be some litigation," advising affected businesses to "reach out to us" at the Capitol to explain operational impacts.
Panelists framed the policy as consumer-focused: data portability aims to let individuals export platform data and choose interoperable services while avoiding direct regulation of underlying recommendation algorithms. McKellum said the legislature’s intent is to protect consumers while keeping Utah "business friendly." "If this is an issue where you've got members here ... companies that are here, if you're going to be impacted, reach out to us," he told attendees.
Panelists also discussed federal preemption and the challenge of a patchwork of state laws. Some argued states are better positioned to respond quickly to specific harms; others cautioned that a fragmented landscape can produce compliance burdens and invite federal action. The panel referenced ongoing coordination with congressional staff and said federal preemption is an open question.
The panel cited political and commercial pushback: in one remark Sen. Mike McKellum noted national lobbying spending and said the state expected the law to face legal challenges. Panelists urged businesses that rely on social media for advertising to come to the Capitol to educate lawmakers on potential unintended impacts.
Next steps: lawmakers said implementation details remain unresolved, litigation is possible, and they invited more stakeholder engagement as the law’s effective date approaches.
