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By Ganka Hadjipetrova , Hannah G. Poteat
Ganka Hadjipetrova is the principal at Hadjipetrova Law in Palo Alto, California. Her practice focuses on intellectual property, privacy, and corporate transactions law in the context of start-up businesses. Hannah G. Poteat is a solo practitioner in San Francisco, California. Her practice focuses on privacy and Internet law.
This article proposes that in the absence of a baseline federal privacy law, states are becoming primary legislative and policing authorities in the area of privacy and data security. The article offers a brief exploration of the factors behind the states’ rising importance for the law of privacy. An overview of recent state legislative plans, particularly of the so-called “California effect,” and of state attorneys general initiatives illustrates the leadership role states have assumed in privacy rulemaking and enforcement.