HB1589

Dear Chair Hunt and Members of the Committee, My name is Dr. Edward Longe, and I serve as Director of National Strategy at the James Madison Institute, a 501(c)(3) research organization based in Tallahassee, Florida. We are guided by the principles of individual responsibility, limited government, and free markets. Following Utah's passage of H.B. 418 (The Digital Choice Act) in 2025, considerable interest has emerged in expanding interoperability mandates for American consumers. While requiring social media platforms to interoperate may appear beneficial for users, such mandates risk creating substantial data security vulnerabilities, particularly absent comprehensive state or national data privacy legislation. When legislators for platforms to open their systems to third parties, they multiply potential attack vectors. A breach at any connected third-party service can become a pathway into the primary platform's infrastructure. This concern is especially acute because platforms, many of which invest billions annually in cybersecurity, lose control over security standards once data leaves their ecosystem. The entire system becomes only as secure as its weakest third-party partner. As researchers analyzing the European Union's similar mandate have documented, "interoperability will vastly increase the attack surface at every level in the stack—from the cryptography up through usability to commercial incentives and the opportunities for government interference." When data flows between multiple parties, it faces exposure during both transmission and storage across numerous locations. While encryption mitigates some risk, it cannot eliminate vulnerabilities created when third parties lack robust security practices. Each additional location where sensitive user data resides creates another opportunity for data leakage, unauthorized access, or inadequate protection. Platforms invest heavily in securing their own infrastructure but cannot guarantee third parties will meet equivalent standards. We respectfully urge the committee to consider whether New Hampshire's social media users are better served by voluntary interoperability standards developed through industry collaboration, or by carefully tailored data portability rights that preserve user control without compromising security infrastructure that has been developed and providing critical protections to New Hampshire’s residents. Thank you for your consideration. Dr. Edward Longe