STAGE 1 — EVIDENCE BRIEF
Referee panel: Prof. Olivia Brandt (#57, statistics, C) · Prof. June Takahashi (#17, econometrics, C) · Domain specialist Prof. Ines Moreau (#93, data privacy, L).
Ground rules we're working under: we used the most recent source we could verify as of 2026-09-24. Where two credible trackers disagree, both are given. Anything we could not verify is marked [unverified]. Moreau drafted the privacy items; Brandt and Takahashi checked every number against the linked source. Where we rely on a secondary legal summary (law-firm alert, Wikipedia) rather than the primary document, we say so.
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A. Privacy: no federal law, a growing state patchwork
- State count, early 2026: "Twenty states now have comprehensive privacy laws on the books"; Indiana, Kentucky and Rhode Island took effect 1 Jan 2026; no new comprehensive state privacy law passed in 2025. — MultiState, Feb 2026. https://www.multistate.us/insider/2026/2/4/all-of-the-comprehensive-privacy-laws-that-take-effect-in-2026
- Two more in 2026, and the count disagrees: Oklahoma SB 546 signed 20 Mar 2026, effective 1 Jan 2027; Mayer Brown calls it the "21st state." https://www.mayerbrown.com/en/insights/publications/2026/03/oklahoma-enacts-comprehensive-consumer-data-privacy-law . Alabama signed 17 Apr 2026, effective 1 May 2027; Hunton and WilmerHale also call it the "21st." https://www.hunton.com/privacy-and-cybersecurity-law-blog/alabama-becomes-21st-state-with-comprehensive-consumer-privacy-law . Referee note: the trackers count differently (for example, whether a narrow law counts as "comprehensive"). The defensible statement is 21–22 states as of September 2026, with neither the Oklahoma nor the Alabama law in effect yet.
- ADPPA (2022) cleared House Energy & Commerce "with near unanimity" in July 2022. It then stalled over California's objection that it preempted stronger state law, and over Senate Commerce Chair Cantwell's objections on enforcement. It died with the 117th Congress. Source is Wikipedia's secondary summary: https://en.wikipedia.org/wiki/American_Data_Privacy_and_Protection_Act
- APRA (2024) was unveiled April 2024 by Cantwell and McMorris Rodgers. The 27 June 2024 full-committee markup was cancelled after House GOP leadership objected. The sticking points were the private right of action and preemption. It had not been reintroduced as of March 2026. https://en.wikipedia.org/wiki/American_Privacy_Rights_Act
- Data brokers, federal actions: CFPB withdrew its proposed FCRA data-broker rule (Federal Register, 15 May 2025). https://www.federalregister.gov/documents/2025/05/15/2025-08644/protecting-americans-from-harmful-data-broker-practices-regulation-v-withdrawal-of-proposed-rule . The narrow Protecting Americans' Data from Foreign Adversaries Act of 2024 (P.L. 118-50) does make it unlawful for data brokers to sell sensitive data to foreign-adversary countries or entities they control. https://www.ftc.gov/legal-library/browse/statutes/protecting-americans-data-foreign-adversaries-act-2024-padfa
B. AI regulation: the preemption fight
- The Senate moratorium vote, 1 July 2025: the Senate voted 99–1 to strike a state-AI-law moratorium from the reconciliation bill. The House text had tied it to $500M in BEAD money. A Cruz–Blackburn compromise cutting it to 5 years, with carve-outs for child safety and publicity rights, fell apart. Blackburn moved to strike, and Tillis cast the lone "no." TIME, 1 Jul 2025. https://time.com/7299044/senators-reject-10-year-ban-on-state-level-ai-regulation-in-blow-to-big-tech/
- Executive Order 14365, signed 11 Dec 2025:
- DOJ was to stand up an AI Litigation Task Force within 30 days.
- Commerce was to list "onerous" state AI laws within 90 days.
- States with such laws become ineligible for remaining BEAD non-deployment funds, and agencies may condition discretionary grants.
- The FCC is to open a proceeding on a federal reporting standard, and the FTC is to issue a policy statement.
- Advisers are to draft a preemptive federal framework.
- It exempts child-safety laws, compute and data-center infrastructure, and state procurement.
https://www.whitehouse.gov/presidential-actions/2025/12/eliminating-state-law-obstruction-of-national-artificial-intelligence-policy/
- White House "National Policy Framework for AI," 20 Mar 2026: asks Congress to preempt state AI laws imposing "undue burdens." It would preserve state police powers of general applicability. It changes no law by itself. Ropes & Gray summary. https://www.ropesgray.com/en/insights/alerts/2026/03/the-white-house-legislative-recommendations-national-policy-framework-for-artificial-intelligence-an
- State activity anyway: as of 1 July 2026, states had enacted 109 AI laws and 28 data-center laws in 2026, and 29 states had enacted AI legislation this year. TechPolicy.Press, mid-2026. https://www.techpolicy.press/where-state-ai-legislation-stands-half-way-into-2026/
- **DOJ intervened in xAI v. Colorado, 24 Apr 2026.** This was the first DOJ intervention against a state AI law. DOJ targeted the law's carve-out for algorithms designed to "increase diversity or redress historic discrimination." Colorado was the only state law named in the EO. Axios. https://www.axios.com/2026/04/24/justice-department-joins-xai-challenge-colorado-ai-law
- Colorado replaced its own law. SB 26-189 was signed 14 May 2026 and replaces SB 24-205, which had been due to take effect 30 Jun 2026 after an earlier delay. The new law is effective 1 Jan 2027. It narrows scope to "covered ADMT" that "materially influences" consequential decisions and swaps impact assessments for notices and adverse-outcome disclosure. It creates no private right of action; the AG alone enforces. Blank Rome. https://www.blankrome.com/news-and-events/colorado-replaces-ai-act-with-narrower-new-ai-law/
- California SB 53 (TFAIA), signed Sept 2025: covers "frontier developers" whose models were trained with more than 10^26 operations. "Large" developers (over $500M revenue) must publish a frontier AI framework and report critical safety incidents. King & Spalding. https://www.kslaw.com/news-and-insights/new-state-ai-laws-are-effective-on-january-1-2026-but-a-new-executive-order-signals-disruption
- Texas TRAIGA, effective 1 Jan 2026:
- It prohibits specific intentional uses: encouraging self-harm or violence, infringing constitutional rights, unlawful discrimination, and CSAM or illegal deepfakes.
- Enforcement is by the AG only, through civil investigative demands.
- It offers affirmative defenses for red-teaming and for NIST AI RMF alignment.
Same K&S source.
- EU AI Act "Digital Omnibus": provisional deal reached 6 May 2026. Stand-alone high-risk (Annex III) obligations slip from Aug 2026 to 2 Dec 2027, and product-embedded (Annex I) obligations to 2 Aug 2028. The general-purpose AI obligations have applied since 2 Aug 2025, and Art. 50 transparency still applies from 2 Aug 2026. The deal adds a ban on AI-generated non-consensual intimate imagery and CSAM. Gibson Dunn. https://www.gibsondunn.com/eu-ai-act-omnibus-agreement-postponed-high-risk-deadlines-and-other-key-changes/
C. AI and labor; AI and electricity
- Stanford Digital Economy Lab "Canaries" update, Aug 2026 (ADP payroll data): the employment gap for ages 22–25 in highly AI-exposed occupations widened to 19% by June 2026, from 15% in July 2025. There is no comparable gap for experienced workers. Declines concentrate in "codified knowledge" occupations. The authors stress the pattern is descriptive, not causal. The gap shrinks with education controls, and some trends predate generative AI. https://digitaleconomy.stanford.edu/news/canariesaug26/
- Yale Budget Lab, 1 Oct 2025 (Gimbel, Kinder, Kendall, Lee): "the broader labor market has not experienced a discernible disruption" in the 33 months since ChatGPT. Occupational-mix change is only marginally faster than in the 1996–2002 internet era. https://budgetlab.yale.edu/research/evaluating-impact-ai-labor-market-current-state-affairs
- Data-center electricity: 4.4% of US electricity in 2023 (176 TWh, up from 58 TWh in 2014). Projected 6.7–12% by 2028 (325–580 TWh). DOE/LBNL, Dec 2024. https://www.energy.gov/articles/doe-releases-new-report-evaluating-increase-electricity-demand-data-centers . (The grid-cost and siting debate belongs to the energy thread. We link it and do not repeat it here.)
D. Kids online
- KOSA history: the Kids Online Safety and Privacy Act passed the Senate 91–3 on 30 Jul 2024. It was reintroduced as S. 1748 on 14 May 2025 with 75 cosponsors. https://en.wikipedia.org/wiki/Kids_Online_Safety_Act
- The House KIDS Act (H.R. 7757) passed 29 Jun 2026, 267–117.
- It bundles a KOSA version that replaces the Senate "duty of care" with a duty to "establish, implement, maintain, and enforce reasonable policies." It also includes COPPA 2.0 and about 12 other bills (SCREEN Act, SAFE BOTs Act, and others).
- The App Store Accountability Act is not included.
- Senate prospects were described as "dim."
TechPolicy.Press. https://www.techpolicy.press/bipartisan-smorgasbord-of-childrens-online-safety-legislation-passes-the-house/
- ***Free Speech Coalition v. Paxton*, 27 Jun 2025, 6–3 (Thomas, J.): Texas's age-verification law for sexually explicit sites gets intermediate scrutiny because it "only incidentally burdens" adults' protected speech. Kagan dissented, joined by Sotomayor and Jackson. By the FSC's count, roughly 23 states** had comparable laws as of 2023–24. https://en.wikipedia.org/wiki/Free_Speech_Coalition_v._Paxton ; CRS: https://www.congress.gov/crs-product/LSB11354
- Exposure (Pew, Dec 2024, n=1,391, ages 13–17):
- 46% of teens say they are online "almost constantly," up from 24% a decade earlier.
- YouTube 90%, TikTok and Instagram about 60% each, Snapchat 55%.
https://www.pewresearch.org/internet/2024/12/12/teens-social-media-and-technology-2024/
- Outcomes (CDC YRBS 2023): 40% of high-schoolers reported persistent sadness or hopelessness, down from 42% in 2021. Among girls, serious consideration of suicide fell from 30% to 27%. https://www.cdc.gov/yrbs/results/2023-yrbs-results.html
- **Orben & Przybylski (2019, Nature Human Behaviour, n=355,358):** technology use explains "at most 0.4% of the variation in well-being." https://www.nature.com/articles/s41562-018-0506-1
- **Odgers (2024, Nature),** reviewing Haidt's The Anxious Generation: the causal "rewiring" claim is "not supported by science." She reads the literature as showing "no, small and mixed associations," with reverse causality plausible. https://www.nature.com/articles/d41586-024-00902-2
- **Braghieri, Levy & Makarin (2022, AER):** Facebook's staggered college rollout (2004–06) worsened student mental health, and the evidence points to unfavorable social comparison. This is quasi-experimental difference-in-differences. https://www.aeaweb.org/articles?id=10.1257/aer.20211218
- **Allcott, Braghieri, Eichmeyer & Gentzkow (2020, AER): four weeks of Facebook deactivation increased subjective well-being** and reduced polarization, at the cost of some news knowledge. This is a randomized experiment on adults. https://www.aeaweb.org/articles?id=10.1257/aer.20190658
E. School phone bans
- **SMART Schools (Goodyear et al., Lancet Reg. Health–Europe, 2025): 30 English secondary schools, more than 1,200 pupils aged 12–15. Restrictive schools showed less in-school phone use but no significant difference in wellbeing**. The design is cross-sectional. https://www.thelancet.com/journals/lanepe/article/PIIS2666-7762(25)00003-1/fulltext . Critique from Haidt's After Babel team: 9 of 10 "permissive" schools already restricted phones in class, and academic outcomes were measured by a binary teacher rating. https://www.afterbabel.com/p/lancet-study-flaws
- Figlio & Özek (NBER w34388, Oct 2025), large Florida district:
- Test scores showed no change in year 1.
- In year 2 they rose +1.1 percentiles (about +1.4 for boys).
- Suspensions rose 25% in the first month, and 30% for Black male students at heavily affected schools, before normalizing.
- Fewer unexcused absences explain about half the gain.
https://www.nber.org/digest/202512/school-cell-phone-bans-and-student-achievement ; https://www.nber.org/papers/w34388
- Spread: 26 states had state-level restrictions as of Oct 2025 (Chalkbeat). https://www.chalkbeat.org/2025/10/20/new-study-finds-cell-phone-ban-benefits-to-test-scores/ . By Aug 2026, "nearly half" of states plus DC had bell-to-bell bans (Forbes). https://www.forbes.com/sites/omerawan/2026/08/26/school-phone-bans-are-increasing-across-america-heres-what-the-science-says-on-their-effects-on-mental-health/
- Australia's under-16 social-media minimum age: enforceable from 10 Dec 2025. Fines reach A$49.5M. Evasion is widely reported, and public confidence in effectiveness is low. https://en.wikipedia.org/wiki/Online_Safety_Amendment_(Social_Media_Minimum_Age)_Act_2024
F. Section 230 and antitrust
- §230(c)(1): "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." https://www.law.cornell.edu/uscode/text/47/230
- ***US v. Google* (search) remedies, 2 Sep 2025 (Mehta, J.).**
- Imposed: a ban on exclusive default contracts; index and interaction data-sharing and syndication to "Qualified Competitors"; a 6-year Technical Committee.
- Rejected: Chrome or Android divestiture, a broad payment ban, and choice screens.
- The reasoning explicitly cites generative AI as a nascent competitive threat.
DLA Piper. https://www.dlapiper.com/en/insights/publications/2025/09/federal-court-orders-remedies-in-google-antitrust-case
- ***US v. Google* (ad tech) remedies, unsealed 16 Sep 2026 (Brinkema, J.).**
- No AdX divestiture.
- Imposed: Prebid interoperability, "functionally equivalent" real-time bids to rival ad servers, auction-logic documentation, a bar on AdWords favoring DFP, and a 6-year global monitor.
AdExchanger. https://www.adexchanger.com/platforms/the-court-just-unsealed-judge-brinkemas-remedies-decision-in-the-google-ad-tech-antitrust-case-heres-your-tldr/
- ***FTC v. Meta*, 18 Nov 2025 (Boasberg, J.):** Meta won. TikTok and YouTube are in the market, and Meta's share of it is under 33%. Sullivan & Cromwell. https://www.sullcrom.com/insights/memo/2025/December/Meta-Prevails-FTC-Monopolization-Case . The FTC noticed an appeal on 20 Jan 2026. https://www.ftc.gov/news-events/news/press-releases/2026/01/ftc-appeals-ruling-meta-monopolization-case
- ***US v. Apple*: filed 21 Mar 2024; motion to dismiss denied** 30 Jun 2025. https://en.wikipedia.org/wiki/United_States_v._Apple_(2024)
- Amazon: FTC Prime "subscription trap" settlement, 25 Sep 2025: $2.5B, split into a $1B civil penalty and $1.5B in refunds to about 35M consumers. https://www.ftc.gov/news-events/news/press-releases/2025/09/ftc-secures-historic-25-billion-settlement-against-amazon . The separate FTC + 17-state monopolization case (W.D. Wash.) is pending. Trial date: [unverified].
G. TikTok, cyber, chips
- TikTok USDS Joint Venture, established 22 Jan 2026.
- Oracle, Silver Lake and MGX hold 15% each; "ByteDance and affiliates" hold 50%, a Wikipedia aggregation that lumps in existing ByteDance investors.
- A reported US$10B payment to the government.
- After closing, the privacy policy was changed to allow precise-location tracking.
https://en.wikipedia.org/wiki/TikTok_USDS . The direct ByteDance share is [unverified by referees].
- Salt Typhoon: nine US telecom carriers were compromised, with data accessed including communications of senior political figures. As of July 2025, "no indication that the intrusion has been fully mitigated" (Just Security). https://www.justsecurity.org/116896/what-it-takes-stop-next-salt-typhoon/ . A multinational advisory (Aug/Sept 2025), co-authored by NSA, CISA and FBI with allied agencies, says the actors have operated since at least 2021 and exploit known, unpatched vulnerabilities rather than zero-days. https://www.ic3.gov/CSA/2025/250827.pdf
- CISA has lost "one-third of its workforce" since early 2025 (Sen. Warner). The acting director planned about 300 mission-critical hires (March 2026). Broadband Breakfast. https://broadbandbreakfast.com/one-year-after-doge-cuts-cybersecurity-agency-struggles-over-staffing/
- CHIPS → equity: on 25 Aug 2025 the US agreed to take a 9.9% stake in Intel (433.3M shares at $20.47, $8.9B). The money came from $5.7B in unpaid CHIPS grants plus $3.2B from Secure Enclave. https://www.manufacturingdive.com/news/us-government-10-percent-stake-intel-chips-funding-8-9-billion/758518/ . For comparison, the Biden-era TSMC Arizona award was $6.6B in grants. https://www.commerce.gov/news/press-releases/2024/11/biden-harris-administration-announces-chips-incentives-award-tsmc
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CONTESTED EVIDENCE (where the literature genuinely disagrees)
**C1. Does social media cause the teen mental-health decline, and how much?**
- The causal-harm side rests on two economics papers. Braghieri–Levy–Makarin (2022) is quasi-experimental and finds a negative effect. Allcott et al. (2020) is an RCT and finds well-being gains from deactivation. Haidt adds cross-national timing arguments.
- The small-or-unknown side is Orben & Przybylski (2019): at most 0.4% of variance, from specification-curve analysis. Odgers (2024) points to mixed meta-analyses and plausible reverse causation.
- Why both can be right: the experiments estimate effects on adults and 2000s college students over short windows. The correlational literature estimates average associations that can hide large effects on a vulnerable subgroup such as heavy-using girls. Nobody has a clean experiment on 13-year-olds.
- YRBS sadness falling from 42% to 40% (2021→2023) while use rose is awkward for a simple dose-response story. So is 40% for a "no problem" story.
C2. Do school phone bans work?
- SMART Schools found no wellbeing difference, but it is cross-sectional and the contrast between school types was weak.
- Figlio–Özek found modest achievement gains (+1.1 pctile in year 2), a real discipline cost in year 1, and a disparate impact on Black boys.
- There is no US randomized trial on mental-health outcomes.
C3. Is AI already displacing workers?
- Stanford (Brynjolfsson–Chandar–Chen): a 19% relative gap for 22–25-year-olds in exposed jobs.
- Yale Budget Lab: no discernible aggregate disruption.
- These are compatible: an entry-level, compositional effect can exist inside a stable aggregate. Neither study is causal. Interest rates and post-2022 tech-hiring cycles are live confounders.
C4. How many state privacy laws? 20 (MultiState, Feb 2026), then 21 or 22 after Oklahoma and Alabama. Law-firm trackers both claimed "21st."
C5. Does the House KIDS Act preempt state law? TechPolicy.Press reports the revised text "does not preempt any state law that is more protective." Wikipedia's summary says the June deal "included language to preempt certain state laws." We could not reconcile these from the bill text in this session; treat preemption scope as contested.
C6. The patchwork's compliance cost. Industry groups assert large multi-state costs. We found no neutral, recent quantitative estimate (CBO, GAO or peer-reviewed) of the marginal cost of the state privacy/AI patchwork. Unknown.
C7. Did the TikTok deal satisfy PAFACA's "qualified divestiture"? Ownership arithmetic and algorithm-control terms are not transparent in sources we could verify. Contested.
— Brandt / Takahashi / Moreau