Advocacy
United States
The Neurorights Foundation is actively shaping the United States’ consumer protection landscape, working to ensure that everyday Americans can safely enjoy the benefits of neurotechnologies. Our trailblazing efforts have forged new legal frontiers and set national precedent for safeguarding mental privacy in the digital age, securing the first hard law protections for consumer neural data in American history.
Since its founding, the Neurorights Foundation has periodically briefed key officials of the National Security Council at the White House and U.S. Department of State, Members of Congress and their staff, and key staff at other Federal agencies about important developments relating to emerging neurotechnologies governance approaches with U.S. laws, rules, and regulations.
In the 118th Congress, the Neurorights Foundation worked with Senator Maria Cantwell (D-WA) and Representative Cathy McMorris Rodgers (R-WA), then chairs of the Senate and House Commerce, Science, and Transportation Committees, respectively, on draft legislation to set national data privacy rights and protections for Americans. We also played the key role in ensuring that the first draft of the bipartisan American Privacy Rights Act of 2024 was amended to add “neural data” as a protected category of data (the proposed bill did not advance through their respective Committees nor become law).
More recently, the Neurorights Foundation supported the efforts of Senators Cantwell, Chuck Schumer (D-NY), and Ed Markey (D-MA), who wrote to the Federal Trade Commission on April 28, 2025, asking it to take action to protect Americans’ neural data from potential exploitation. In addition, we've worked closely with lawmakers from several U.S. states:
California
In November 2023, the Neurorights Foundation met with State Senator Josh Becker to explore neurorights legislation in California. Following close consultation with our team to determine the most legally sound and politically viable approach, Senator Becker introduced Senate Bill 1223, amending the California Consumer Privacy Act (CCPA) to include neural data as a category of sensitive personal information.
The Neurorights Foundation team traveled to Sacramento to testify in support of this bill, which passed the California State Senate on a vote of 38-0 and passed the Colorado General Assembly on a vote of 76-0. On September 27, 2024, Governor Gavin Newsom signed SB 1223 into law, extending the rigorous protections of the CCPA to neural data. The law entered into force on January 1, 2025.
This legislative victory had enormous significance due to the fact that Silicon Valley is located in California and many neurotechnology companies are headquartered or operate there. In addition, the CCPA is known as one of the most forward-leaning consumer data privacy laws globally, with sizable influence on privacy standards both in other states, in Washington, and around the world.
Jared Genser and Rafael Yuste pose with State Senator Josh Becker and legislative aide Zoe Johnson after testifying in support of SB 1223.
Intern Aimee Johnson, Sean Pauzauskie, and Jared Genser after a unanimous vote for SB 1223 in California.
Colorado
In April 2023, the Neurorights Foundation met with State Representative (now State Senator) Cathy Kipp to discuss potential neurorights legislation. Together with Rep. Kipp and colleagues from the Colorado Attorney General’s Office, the Neurorights Foundation participated in a working group to assess the strongest and most practical policy interventions for protecting neural data in Colorado. The working group concluded that the best approach would involve amending the Colorado Privacy Act (CPA) to define and include “neural data” as a category of “sensitive data.”
Following close collaboration and co-drafting with the Neurorights Foundation, Colorado lawmakers introduced House Bill 24-1058, amending the CPA to include neural data. Members of the Neurorights Foundation traveled to Colorado to testify in support of the bill, which passed in the Colorado House on a vote of 61-1 and in the Colorado Senate on a vote of 34-0. On April 17, 2024, with members of the Neurorights Foundation standing behind him, Governor Jared Polis signed HB 24-1058 into law. The law entered into force on August 7, 2024, making Colorado the first state in American history with targeted legislation protecting the neural data of neurotechnology consumers.
Governor Jared Polis signs HB 24-1058 into law, as Jared Genser, Sean Pauzauskie, Rafael Yuste, and Colorado Representative Cathy Kipp look on.
Sean Pauzauskie, Rafael Yuste, and Jared Genser pose with Colorado Representative Cathy Kipp after testifying in support of the nation's first neural data protection bill.
Connecticut
On January 13, 2025, State Senator James Maroney introduced SB-1295, which proposed range of amendments to laws on broadband Internet gaming, social media, and consumer contracts. It also included a provision to define “neural data” and to protect it as “sensitive data” under the Connecticut Data Privacy Act (CTDPA). The broader bill passed the Connecticut State Senate on a vote of 33-2 and the Connecticut House of Representatives on a vote of 127-15. It was signed into law by Governor Ned Lamont on June 24, 2025.
The Neurorights Foundation was not involved in drafting or advocating for this bill, but the amendment to protect neural data in the CTDPA was specifically proposed in order to update Connecticut law with recent changes to the California Consumer Privacy Act. This demonstrates how our work in California is increasingly shaping data privacy protections nationwide.
Montana
In February 2025, the Neurorights Foundation met with State Senator Daniel Zolnikov to begin collaboration on developing neurorights legislation in Montana. After extensive consultations with our team to identify the best approach under Montana law, Sen. Zolnikov introduced SB-163, which added neural data to Montana’s Genetic Information Privacy Act. In addition, the bill defined “mental augmentation” by neurotechnology, highlighting technologies that not only read but can influence mental function. This is the first legislation in the United States to address the emerging issue of mental augmentation.
SB-163 passed the Montana Senate on a vote of 49-1 and the Montana House on a vote of 100-0, demonstrating that growing movement to safeguard neural data is both a bipartisan and consensus effort.
The bill became law in early May 2025, and will take effect on October 1, 2025.
Other U.S. States
Our momentum continues: beyond Colorado, California, and Montana, we are currently supporting neurorights efforts across six additional states. Stay tuned for updates as this movement grows.
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