Legislative Panel

Morning Session · 29:50

0:04 Do I have it on? Is it on? It's on. Okay. Thank you. For me, there's a lot of

0:09 distrust in digital platforms that are going on right now. And there's, as you

0:16 saw today, and as you already have known, there's been many people that do bad

0:20 things that will really scare people. And one of the things for me is that your

0:29 personal data is just scattered and having the opportunity to have Utah lead in this

0:37 area and to be able to make it that we and recall that we own our data. The

0:46 government doesn't own our data. We own our data or we should at least. So it's

0:52 important to me that we have privacy, autonomy and with our state having the

0:58 consent of the governed I have many constituents who reach out to me even as

1:02 of yesterday telling me a digital ID is not the way to go. But as you'll hear

1:07 today, there's many reasons why we should go with it. And I have a firm belief that

1:11 even before I took office that we have the right people in the right place here. And

1:17 I think our other states need to join us with this one and making sure that we

1:21 don't do like other countries have done with our data. Senator Collin Moore,

1:28 Representative Keller, You got SB260 passed unanimously through the House and

1:34 the Senate a couple years after there was a different digital identity bill which

1:38 I've heard there were pitchforks in committee hearing and it did not come out.

1:43 Why are you supporting and championing SEDI?

1:49 I'll start. I've been fortunate to be able to work on technology policy in the Senate

1:55 over the last several years. It started with data privacy just in the consumer

2:00 aspect and recognizing how important that is. We've since passed a government data

2:07 privacy, the first of its kind, which I think is also important. But in the middle

2:11 there, we're also working on social media bills and social media policy because

2:15 government with technology typically is always, well, government by its nature is

2:22 reactionary, which I don't think is necessarily a bad thing. But in some of

2:26 these technology policies, it moves so fast that we are not in front of this and

2:31 we are allowing people to be exploited. And the way the internet came up was using

2:40 data. The way this has been monetized is using our data. Facebook, Instagram,

2:48 Snapchat, Google, any of these services are free to us because, as we all know,

2:54 you are what's being sold. You are the commodity. and that in and of itself is

3:02 scary and that's what we're having to deal with as social media right now is social

3:06 media companies have exploited that to the detriment of our kids. They're not only

3:11 affecting their mental health but they're causing actual real world harm like we

3:15 just heard about and it's terrible and putting that same type of power into the

3:20 government's hands that has even more control over so many aspects of our lives

3:25 is just super scary. and something that we need to avoid. We need to flip the script

3:31 of how this is being developed and what this actually means. We need to put the

3:35 power back into the citizenry, into people. People are not commodities. And

3:42 that is what the digital age has created. We are all commodities now. And I think

3:48 that's one of the fundamental evils of our day and age is when we commoditize human

3:52 life, that's problematic. And if government is going to do that, that's

3:56 even more problematic. And so we needed to find a way to flip the script. SEDI, the

4:01 bill that we passed, is really just the first fundamental step. It's laying the

4:05 foundation for flipping the script and saying, no, the power is back in the

4:09 people. The power is back in the individual.

4:14 If we look back at history, history shows us that fighting technology advancement is

4:23 often a futile effort. Whether you're a buggy maker, maker trying to put laws to

4:29 stop the automobile or trying to fight industrialization that technology is going

4:35 to move forward because there are so many benefits to society. So we have a choice

4:40 to be proactive and influence and control these standards or we can stick our head

4:49 in the sand and say, no, I don't want this. I don't I want to fight it. And I

4:54 choose to try to be part of the solution. Digital identity is coming. I think we

5:02 all, especially everyone in this room recognizes that. And the only choice is do

5:09 we want to influence the standards and the adoption of this to protect freedom and

5:14 individual liberties or will we acquiesce to efficiency and monetization. There are

5:22 bold visions out there for artificial intelligence. We hear all around us, hey,

5:29 the future is agentic AI. We're going to have all these agents acting on our

5:35 behalf, acting on behalf of an entity or software program.

5:47 The security concerns are very real. You are not going to feel a smart security

5:54 person will not allow an agent to take on a task on their behalf if there is not

6:02 trust. And as has been talked about, our digital trust structure is under constant

6:09 attack right now. And in many areas it fails. So we have got to come up with a

6:15 better system for verifiable credentials for trusting people and eventually

6:24 entities if this agentic future has any chance of making a real impact without

6:30 doing incredible harm in our society. I'm going to go off script here for the rest

6:37 of the time.

6:41 Utah in my view has been unique compared to what I've heard actually from many in

6:46 the audience and how we work together between branches of government. We have

6:51 CIOs in the audience. We have chief privacy officers in the audience. We have

6:55 legislators in the audience. We have civil rights groups in the audience and I've

7:00 heard them comment of how is Utah able to do these things it's doing. So I'm going

7:05 to ask this to Senator Kullimore. What is it that Utah is doing differently than

7:10 other states and what should they know so they can go back to their states and

7:14 replicate the success we're having across our government on both sides of the aisle?

7:21 Well, you know, we have to put we have to set aside our trying to be humble here

7:25 because there are some things that work really well here in Utah and we call it

7:29 the Utah Way. But the Utah Way really is just recognizing that we are here as

7:34 public servants. We're servants of the people. And when you approach these types

7:39 of policies, you have to have a little bit of humility to say, I don't know

7:43 everything. And that's especially true in technology, right? Like I fundamentally

7:47 believe in certain principles, but I don't actually know how the technology actually

7:54 works, right? And so sometimes you want to implement a law and we're talking about

7:58 very basic things right here, but whether it's like whatever the type of law is, I

8:04 think it's critically important that you bring in all the stakeholders and who best

8:07 than the private sector and academia. And so whenever we've worked on these

8:11 policies, we have good working relationships between the Senate and the

8:15 House. We have good working relationships between the legislature and the executive

8:19 branch, the regulators who are actually enforcing this or implementing the laws

8:25 that we pass. And it's important because the policy does not actually work if the

8:31 implementer just has their own idea and goes a certain direction. And none of this

8:35 actually works because most of the time people in government don't have the

8:38 technical expertise to know what they're actually talking about. And so we have one

8:42 of the shortest sessions, legislative sessions in the country. It's 45 days,

8:46 begins in the middle of January and goes to about the first weekend of March. And

8:50 we are a part-time legislature. That is becoming less and less a reality. We're

8:54 becoming more and more full-time because really that January to March, that's game

8:59 time, but it's happening all year round. And so we're meeting with stakeholders and

9:05 most of the best policy that we pass involves academia, people who have the

9:10 research and the background on their private sector, people who are actually

9:14 developing these technologies or deploying these technologies or using them within

9:18 their business, policymakers, and and the executive branch. And so I don't think

9:24 we've passed any tech technological policy in the state of Utah without input from

9:29 all of them. And sometimes it takes time. The consumer data privacy bill that we

9:33 passed, I think we were the fourth state in the nation to pass it, but it ran for

9:37 three years and we were getting input from everybody and it gets whittled down. We

9:43 passed a digital asset bill that recognizes what digital assets are. And it

9:49 started out as 16 pages even when it when it was introduced in the session and

9:53 because of input it got whittled down and said no let's boil this down to the

9:58 fundamental principles and then build on that and I think that's what we've done

10:01 here with SEDI is we haven't made this I mean it's policy it's agnostic to what the

10:08 technology is and in fact the technology is not even out there right now that could

10:12 be implemented but it's steering the boat and it's steering the direction of how

10:16 that technology is going to be implemented and so So this is the opposite of being

10:22 humble, but using humility to get to these policy decisions, I think is what helps

10:29 drive the advancements that we've seen in Utah. Chris, I'd love to comment on that.

10:35 I think we have been successful as Senator Kolemore, and he deserves a lot of the

10:39 credit for bringing people together, as do you, and making some policy. But it's

10:45 premature to pat ourselves on the back yet and say that this great. We have some good

10:51 policy, but we haven't seen adoption. And we can't do adoption on our own. We can't

10:58 do adoption by just the legislature passing a policy. Adoption requires

11:03 industry to come up with tools and use cases that are compelling. And also

11:12 because Utah is small, to be successful, we need your help. We need other states to

11:19 join together and show that we have enough of a consortium to get attention from the

11:26 big players to say this matters and privacy and security and individual rights

11:33 are important. So while we've had a little bit of success, we need to replicate that

11:41 by having you join us and agreeing on some key principles and some key standards

11:49 where we can move forward together and have a larger coalition.

11:56 Representative Chevrier and Shepard, I'm actually going to ask you the same

12:00 question. You two probably represent some of the most conservative areas in the

12:06 nation in Utah County. And the fact that this bill is passed unanimously, I think

12:16 one is representative of the work done, but what is it that's different about this

12:21 approach that is helping to win over or at least gain the trust of those that each of

12:26 you represent?

12:31 – I can go first. So I think this is going to be off topic for a second, but it's

12:42 really on topic. We have a system of government in Utah that is different from

12:48 most other states, and that is the caucus convention system, which makes it so that

12:54 the grassroots are far more involved with their legislators than they are in most

12:59 states. And I think that that's been a huge factor because both Representative

13:06 Shepard and I have been very involved in the party and in the caucus convention

13:11 system. We have built trust in that arena that allows us to help transfer that trust

13:21 to the legislature and to this technology that we're talking about. So because we

13:28 have that opportunity to build trust, I think that makes it easier for us to help

13:35 people understand because they're willing to listen to us because we have built

13:40 trust with them through that system. Does that make sense? Okay. Okay.

13:49 Part of being elected, I had a town hall and I had experts in this area come and

13:57 speak to those who came. And yes, of course, we use it through the caucus

14:02 convention system that we have that allows us to have a direct report and be held

14:07 accountable by delegates. And that is where you get the biggest pushback. In

14:14 honesty, delegates are very engaged aged and they know issues and you can't hide.

14:20 And it's a great, actually a really great process. And I appreciate that. I

14:25 appreciate the accountability. The delegates and my voters that I have talked

14:30 to about this by knocking on the doors, they want us to leave them alone. They

14:35 want to be able to be safe in this community, not only physically, but also

14:41 digitally. And I believe that the relationships that having served on a

14:49 state level in my party and served just across the entire state and worked in some

14:56 national areas. I believe that that does open the door to when I bring experts to

15:02 my district that they're willing to take a chance and listen. And it has changed the

15:07 hearts of some of them to actually listen. Sometimes we get stuck in our ways and

15:13 think that we have the answers and something is the boogeyman. But honestly,

15:17 when you listen and Chris Bramwell has come to my district along with Timothy

15:22 Ruff and when they have when they have spoken, people in my district have

15:27 listened and that's what I really appreciate. It's the opportunity to bring

15:31 these experts as the good senator to my left here has mentioned to bring these

15:36 experts and to trust them. We have to have trust in the experts and our people that

15:44 we represent have to have trust in us. It's quite the partnership that we have.

15:51 Chris, can I add one thing to that? I think your policy of engaging with critics

15:57 has been key to some of the success. There are some times where in politics where you

16:03 don't engage with the critics, you say, I have a majority. I'm just going to pass

16:06 this through. But that hasn't been how the privacy legislation that Senator Colomore

16:12 has helped with or this legislation has been handled. You've held town halls where

16:20 you invited critics to come and poke holes and things. You've brought in key members

16:24 of staff and industry to come and engage and you slowed down the process to help

16:32 convince the critics that this is the right way forward. And I think that made a

16:36 big difference. Thank you. We have six minutes. I actually I'd like to ask does

16:44 anybody have any questions? Any questions that maybe I

16:52 can do it. What is this? The Murray show? Hi, my name is Sarah Thunberg. I'm the

17:00 director of the Colorado Digital Service. Thank you for having us. We are watching

17:05 very closely the work you've done and are talking about our own legislative agenda

17:09 as the legislature, the legislators that moved a lot of this forward. Do you have

17:16 any recommendations for those of us to take home with us? How we can model

17:20 lessons learned, things now in retrospect, you think maybe we would have done it

17:25 differently?

17:29 I'm not sure about the done it differently, but I'll tell you what we've

17:32 done that has been working in it. And Paul, we well, we've all talked a little

17:36 bit about it, but Chris has been very proactive in interacting with the people

17:42 who are most likely to be the critics. And so Lisa and I have been able to set up

17:47 these town halls where we can bring Chris in and have him explain to people. We've

17:53 set up meetings with individuals who are all at night and on weekends, by the way.

17:59 Yes, it is out of regular business hours always. But we've been able to have

18:05 discussions with the most vocal critics, people who have large followings on social

18:11 media and we've been able to help them understand what it is we're actually doing

18:16 because the reaction is visceral. I had somebody on Facebook this morning say to

18:21 me that having you endorse digital identity was not on my bingo card. It

18:30 wasn't on mine either, but here I am because I believe that this is the right

18:35 system and I believe that we either have to choose a system that is going to

18:39 respect privacy or we're going to get the other one. And so we need to make the

18:45 choice and we need to make it soon. I'm going to make a comment too. You need a

18:49 champion in your state. When Senator Kallamore and Moss created the CPO role,

18:56 they empowered it to be a champion. You need every government entity fights for

19:00 certain rights for the public. Public safety is to provide safety. Lands is to

19:04 protect the public lands. Health and human services is to ensure there's public

19:08 health and human service. do you have a privacy or digital identity champion in

19:12 your state that is empowered to even fight for this issue? It's a balancing and

19:16 that's part of the governance framework. So if you don't have that, get it going or

19:21 be the champion. I'll just add, you know, as state legislators, what's awesome about

19:28 being in state policy is that you can pass a bill and then you see the effects of it

19:33 like almost immediately. And that's pretty rewarding. The downside of that is you

19:39 want to do everything right now. And that's just not possible in these types of

19:44 bills. We could have said you will implement these policies and forced it

19:48 upon all the government agencies and all the political subdivisions of the state

19:52 and cities and counties and it would have fell on its face and we would have got

19:56 zero adoption because there's no way to even adopt it right now. We're doing about

19:59 that with government data privacy. We wanted all of the cities, the counties,

20:04 the state agencies, our schools and everything like that to adopt all these

20:09 things and you will implement data privacy right now and you will implement all these

20:12 retention policies and you'll get rid of this stuff. And it's just impractical and

20:18 you're setting yourself up for failure. And so you do have to reel back a little

20:21 bit and say, you know what, I'm just gonna let's just pass this right now and let's

20:26 build that. And even as Chris said, you know, we did a data private or we did the

20:30 chief privacy officer a few years ago and we just keep slowly building on that. And

20:35 so you do have to have patience, which is not always a virtue of state legislators.

20:42 – Good morning. I'm Shanna Durant with the Department of Public Safety. Thanks for

20:46 having us. I have a question particularly for representatives. You say you've had a

20:51 lot of town halls. I'm curious about how often you're having them and how much

20:56 you're publicizing them because you say that we're talking to a lot of people who

21:01 are social media influencers. But for example, Representative Cutler, my parents

21:08 are actually some of your neighbors. So they've never heard about this until I

21:12 talked to them. So how much is their public outreach to more than just social

21:18 media and advocacy groups? And what can we do on our side as public entities as state

21:25 entities to assist in that but also give other solutions to help you with an

21:32 enhanced identity and what can we bring to the table in order to make it better.

21:38 Thanks for the question. I think that's important. So when I mentioned all these

21:43 town halls, they were fairly targeted and the efforts to focus on the policy have

21:51 been targeted with those who are probably the fiercest advocates either for or

21:56 against. Let's be honest. Most regular people, most people, this issue hasn't hit

22:04 them yet because there is nothing for them to adopt. today. Yes, they could adopt our

22:11 mobile driver's license, which they may or may not be able to get through Homeland

22:15 Security.

22:19 But we don't have a digital identity for them to adopt yet. So the efforts for

22:28 advocacy were targeted at the key stakeholders, those who are most concerned

22:32 about privacy, those who are most concerned about the technology used. And

22:37 the next wave once we have a solution ready to be adopted would be to go out to

22:43 all the citizens and explain how this is used, how this helps your life, how this

22:49 can help verify ages on social media, how it helps protect their family from online

22:55 fraud, which are real pressing problems that we all recognize and we're all trying

23:00 to deal with. And we've got to get to a point where we have a solution for them.

23:05 So we have a policy solution today. We do not have a market solution until we get

23:11 your help to agree on a standard and products. And I know we're out of time,

23:18 but it's a little bit of a catch-22, right? Because if you go to a town hall,

23:22 you've got, you know, I'll publish a town hall for thousands of people and the same

23:27 12 people show up and they're a little bit older oftentimes and they're not

23:32 technologically savvy. and I would bring up some of these topics and my wife would

23:37 be there and she'd be like, you've got to stop talking about that. They don't care.

23:43 It goes over their head and I think you're just scaring them anyways. So it's a

23:48 little bit hard, right? Because you have to find these focus groups of people who

23:51 are like keyed in on this, tuned in. But to your point, we've got to find a way

23:57 that people understand that. I do believe this is critically important. And as we're

24:01 moving into this digital age, if government does not get out in front of

24:04 us, of this, it's going to be a problem. It's going to undermine democracy. So I

24:09 will say the approach for communication though has been to communicate with every

24:13 elected official where a town hall is being held. So UVU was partnered with for

24:17 that. So they emailed every elected senator, representative, county

24:22 commissioner, mayors in every one of the areas where the town halls were. So it was

24:26 very much focused toward who are the people actually elected to represent the

24:30 people. And then they were asked to communicate it out. The other thing I'll

24:34 say though is This approach we're talking about SEDI doesn't even exist yet. We're

24:38 so early in bringing the public in. You have 29 states already going down a

24:43 digital identity path with mobile driver's license or with W3C credentials or others

24:48 in California or Colorado. This is unique of how early this is happening and people

24:53 don't realize the train has already left the station in some way and we're having

24:57 to move the market to try to move everything in this direction and we're

25:01 needing to now come in with new policies and standards that we need to have all of

25:05 that stuff now go back and be compared to to make sure it can meet them. Let's end

25:11 15 seconds. What's your pitch for states to come and join the consortium? I'll

25:19 throw out on this. Many of us recognize that we let tech

25:27 giants and the market determine the principles by which social media operates

25:33 and and is distributed and affects our families. I think we have a lesson learned

25:40 from that that we need to think carefully about in this AI world, how do we want to

25:47 change that or influence how we control digital identity so we don't have the

25:53 mistake of people who are kids accessing things they shouldn't. So this is a chance

26:00 to help solve that problem with youth identity and to solve the economic problem

26:07 of how do I put

26:12 Greece in the system to allow economic transactions with trust to happen across

26:19 the world? – I think we need 49 more Chris Bramwell across the country. That's a

26:34 definite statement. And his team. I've seen the hard work that they do and the

26:39 innovation. Utah's famous for being innovative. And we need the other states

26:45 to join us. We can't do this alone. I think get your states to get a data

26:51 privacy expert and an officer, a director, whatever your role is, all of the above.

26:59 And get your teams of the experts in the field. I'll tell you, I was on a panel

27:04 here for synthetic data. I'm just a normal person just carrying the voice of the

27:10 people. And I sat there and every other person had a PhD. I'm looking at one right

27:14 now. And they are incredibly brilliant. They are the ones that have come up with

27:19 the solutions. We're the ones up here that are helping to implement those across the

27:23 country. So we need your help. Are you going to go? I'll go. Sure. So I have zero

27:31 confidence in Congress getting anything done in this space. I have to the extent

27:37 they get anything done, I have less confidence that it's going to be done

27:41 right and not influenced by the big tech giants that are looking to again

27:46 commoditize our data and our people. We need to get back to the principles of

27:53 America that made us great. We are the laboratories of democracy and if we want

27:56 to push this policy, we need a critical mass of states that align with with these

28:01 policies, adopt these principles, and we will see mass implementation and mass

28:07 adoption of these types of principles and policies because the states are going to

28:10 lead out. And that's why you're here. We need you to help us. We need you to join

28:15 with us. And your idea might look just a little bit different and that's okay. But

28:21 if the states are working together and leading this effort, the interoperability

28:27 that people are concerned about will happen naturally because we're working

28:31 together and we don't have to rely on the federal government nor should we. That's

28:34 not how our country was set up. We can find the solution here and we encourage

28:41 you to join us. So I think since I'm last, this is what I want to say. We have worked

28:49 together as a group in our state and we would like to now extend that out to other

28:56 states and start bringing each of you in. We'll talk to you one-on-one. That's what

29:01 we've done here. Anytime there's somebody who has questions, Chris will go and talk

29:06 to them. Now there's only one Chris, so we can't we can't we don't want to spend him.

29:14 But what we can do is help people to understand this one-on-one. Nobody that

29:19 we've talked to that I'm aware of has been opposed to this once they understood it.

29:26 So I think the key is educating people on what it is we're trying to do and what the

29:31 stakes are and the stakes are very high. So for future generations let's work

29:37 together and let's get this done. Thank you. Let's give them a round of applause.

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