This is Not Legal Advice (But Hopefully Very Helpful!)
This post, inspired by research conducted by Opt-Inspire Founding Board Member, Justin Daniels, is meant to guide and inform, not to give you formal legal advice. (Think of it as sitting down for coffee with a lawyer friend who promises not to speak in legalese.)
Why This Matters
If you’ve ever felt like the internet is one giant game of “gotcha,” you’re not alone. Seniors are some of the most frequent targets of scams, fraud, and misinformation online, but really, it affects all of us. Whether you’re 17 or 77, we’re navigating an online world built on laws that predate smartphones, Google, and social media.
Every pop-up ad, text message, or surprise phone call can feel like a trap. That’s why it helps to know what protections exist under U.S. law (and where the gaps are). Spoiler alert: the laws we currently have in place weren’t designed for the world we live in now.
Privacy & Security in the U.S.
Here’s the reality: unlike Europe, which has a powerful, one-size-fits-all privacy law called the GDPR, the United States has no single national privacy law. Instead, it’s a patchwork quilt. Several states have strong protections. For example, in California, you can ask companies what data they have about you, demand that they delete it, and even stop them from selling it.
But move across state lines, and your rights might look completely different. As of the date of this post, nineteen states now have their own privacy laws in effect, but the details vary, and most of the country still doesn’t have broad protections. At the federal level, there are only narrow laws covering specific areas like health records (HIPAA), bank information (GLBA), or children under 13 online (COPPA). For adults using Facebook, Google, or YouTube? There’s no broad federal law keeping your data safe.
The Old Internet Law That Shaped Big Tech
Back in 1996 (when most people were just getting used to dial-up internet), Congress passed the Telecommunications Act. Buried inside was a short section with a big impact: Section 230.
This law basically says that online platforms aren’t legally responsible for what users post. If a newspaper prints something false, it can be sued. But if someone posts something false on Facebook, Facebook itself isn’t liable. At the time, this seemed like common sense; it was written for small online forums, not for billion-dollar companies.
Fast forward to today, and tech giants like Google and Meta have used Section 230 as a shield. It has allowed them to grow massively without being legally responsible for the endless stream of content on their platforms. Some argue this protects free speech and innovation. Others believe it lets platforms dodge accountability for scams, lies, and harmful material.
Artificial Intelligence: The New Wild West
As if the internet weren’t complicated enough, now artificial intelligence (AI) has entered the scene. Congress has held hearings, but so far there’s no national law regulating AI. A few states (like California, Colorado, and Utah) have started to pass rules. New York City has even required audits of AI used in hiring. But most states haven’t taken action that will move the needle.
The problem is speed: AI is moving far faster than lawmakers. Deepfake videos, fake voices that can mimic your loved ones, and AI-powered chatbots that run scams are already here. Laws, meanwhile, are still playing catch-up.
What All of Us Should Keep in Mind
So where does that leave you? The truth is, your level of protection depends a lot on where you live. Don’t assume Google or Meta will catch scams for you. They aren’t legally required to. And when it comes to AI, you should be extra skeptical. If a phone call, email, or video feels even a little “off,” trust your gut.
The best defense right now is good digital habits: use strong passwords, ignore links from strangers, and never give out personal information unless you’ve initiated the contact with a legitimate source, or if you’re absolutely sure who’s asking.
Main Takeaways
The laws that still shape our online lives were written before smartphones, before Google, and long before artificial intelligence. Section 230, once meant for tiny chat rooms, became the shield for Big Tech. Meanwhile, AI is racing ahead, creating risks lawmakers haven’t yet caught up with.
Until stronger protections are in place, awareness and caution are your best allies. Stay alert, stay curious, and most of all: stay safe out there.