SIIA, along with other leading information and data providers, has submitted an amicus brief urging the court to strike down Daniel’s Law on First Amendment grounds. Collectively, amici represent companies that depend on the lawful collection, use, and sharing of accurate public data—an activity that is not only foundational to the U.S. economy but also protected as free speech under the Constitution.
Daniel’s Law, enacted in New Jersey, criminalizes the disclosure, storage, and even retention of accurate, lawfully acquired information that is widely available from public and private sources. While SIIA and its members support efforts to protect the safety of public officials, this law is overly broad and underinclusive, failing to appropriately balance safety concerns with constitutional protections.
The brief outlines how Daniel’s Law harms industries essential to the credit reporting system, identity theft protection, and broader data-driven services. It also details how the district court erred in its review by not applying strict scrutiny and by overlooking the law’s disproportionate reach and limited effectiveness.
SIIA urges the court to recognize the serious implications of this precedent and to uphold the constitutional rights of data providers, which are critical to both consumer protection and economic innovation.