What’s happening? In 2021 21 states considered cryptocurrency legislation. 14 passed measured laws like unclaimed property or studies.
Why is this important? When financial laws regulating money transmissions, like wire transfers and money orders, were created crypto currency did not exist.
How will this be important? Looking for a way to get cryptocurrency into your laws…your entry way cam be an update to financial regulations like wire transfers.
What’s happening? NYC and Austin, TX are the next two cities to follow Miami into the use and acceptance of cryptocurrency.
Why is this important? Academics say the branded value of “MiamiCoin” or whatever NYC or Austin ill choose for a name adds to the value for cities.
How will this be important? Miami saw an increase in cryptocurrency businesses after adopting MiamiCoin, and the talkers say NYC and Austin should anticipate the economic development advantages that Miami has from its cryptocurrency.
What’s happening? Maine is considering a constitutional amendment that would clarify that privacy, including digital privacy is a constitutional right.
Why is this important? By defining data as a privacy right, it triggers warrant requirements.
How will this be important? NCSL says 13 states have adopted a privacy right in their constitutions. These states include New Hampshire, Missouri and Michigan.
What’s happening? In the ongoing saga in Missouri over a state cyber vulnerability that was brought to the attention of state leaders by a reporter. The Governor believes that the Cole County prosecuting attorney will bring charges against the reporter.
Why is this important? White hackers or individuals who caused no harm, did not profit and revealed vulnerabilities are not usually prosecuted.
How will this be important? Whether other jurisdictions will begin prosecuting people without the intent to cause harm
What is happening? The U.S. Cybersecurity and Infrastructure Security Agency doesn’t have the requisite data to protect critical infrastructure when it has no reported data on breaches.
Why is this important? By looking at reported breach data security experts can more easily identify software flaws that allow for breaches.
How will this be important? Breach data is helpful to security experts.
What is happening? In the last 3 years pension funds in CA, NJ, Houston Firefighters, and Fairfax County VA all invested in cryptocurrencies in different forms.
Why is this important? 33% of institutional investors are in crypto. Barriers are coming down for investment including crypto as being considered illiquid.
How will this be important? At least 17 states have started considering regulation of cryptocurrency. The SEC is signaling regulation and the Infrastructure bill contains cryptocurrency reporting requirements.
What’s happening? In 2021, Congress introduced 35 cryptocurrency measures
Why is this important? Similar legislation has been filed in states. The legislation falls into 3 categories:
How will this be important? This is all new territory with no clear tragectory
What is happening? D.C.’s attorney general proposes to shield district residents from discriminatory and biased computer algorithm. This would make it illegal for businesses to use discriminatory algorithms in areas such as education, employment, housing, and with providing services like credit, health care, and insurance.
Why is this important? The policy goal of reducing sexism, racism and boas for ethnic background is gaining steam. Penalties include up to $10,000 for each violation of the guidelines.
How will this be important? This mirrors what’s happening in business right now. “Data & Trust Alliance, a group that includes major corporations, said more than a dozen companies would adopt safeguards to prevent bias with algorithms used for workforce decisions, around issues like recruiting and pay. That group includes General Motors, IBM, Mastercard, Walmart and Meta (the rebrand of Facebook), among other companies.”
What’s happening? Some legal experts say gaps in the law allow warrantless access to your car’s information center. A warrant may be required for your phone but your phone’s information is also stored indoor vehicles information system and that system may not need a warrant.
Why is this important? The internet of things creates gaps in data privacy and rules, regulation and laws are slow to keep up with innovation
How will this be important? The first big lawsuit in your state about information held on the internet of things will lead to changes, be ready. some State Supreme Courts have taken action, like in Georgia where the GA Supreme Court required a warrant for vehicle data information.
What’s happening? Miamicoin isn’t the only cryptocurrency movement in Florida. Crypto is accepted at real estate and yacht brokers to hair salons and charter jet companies in Broward and Palm Beach counties.
Why is this important? Local charities are starting to show interest in crypto, including crypto donations.
How will this be important? Some say Miami’s Miamicoin is setting a model for other cities.
What is happening? Texas candidates for public office can receive contributions in crypto currency.
Why is this important? The Texas Ethic Commission proposed rules will no longer require campaigns to immediately convert the crypto. The proposed rules as filed can be found here.
How will this be important? Rules are anticipated to be adopted in February
What’s happening? Rhode Island is launching a vaccine status app that will make it easier for Rhode Islanders to travel as the CDC issued paper vaccine record is inefficient.
Why is this important? Use of the app by an individual or a business is 100% voluntary.
How will this be important? CA, CO, RI and NJ all use similar apps
What’s happening? The Local Government Insurance Trust in Maryland, where local governments purchase insurance including cyber policies, saw a 300% in cyber insurance premiums. Premiums are expected to rise for 2022 also. The Missouri Insurance Trust saw policies drop from $1 million in coverage to $250,000 and premiums increase from $5,000 to $25,000.
Why is this important? In 2021, 90% of local governments report having cyber insurance. That’s up from 78% in 2020
How will this be important? Insurance experts say local governments need to improve local network security to see the market stabilize.
What’s happening? States are passing bills that require disclosure of ransomware attacks.
Why is this important? To paraphrase Indiana state Rep. Mike Karickhoff, who authored his state’s legislation, if your house gets broken into, you will tell your neighbors.
How will this be important? So far states are following the IN approach, requiring only disclosure by governmental entities if they get hit by ransomware. ND followed suit and WV did so too but limited it to qualified cyberattacks.
What’s happening? Smart Bandages that could help improve the diagnosis and treatment of wounds by transmitting data via bluetooth, floor sensors that can transmit information about intruders or health information that can be determined by gait; and car sensors that can relay dings and damage to rental cat companies.
Why is this important? Along with transmission of dat comes data privacy issues, and whether the method and mode of this data transmission are protected under cyber security laws will depend on the cybersecurity laws.
How will this be important? Laws and regulations will have to recalibrated for new devices and privacy issues.
What’s happening? States are taking enforcement action against bad acting crypto currencies.
Why is this important? Let’s look at the variety of ways state enforcement occurs:
How will this be important? More legislation is forthcoming, bills will be replicated.
What is happening? Texas Legislature passed HB 1576 (2021 | TX) that requires that joint legislative committees develop a master plan for blockchain expansion.
Why is this important? The bill also opens the door for investment into blockchain. This includes economic development opportunities for the blockchain industry.
How will this be important? This master plan shapes the future of blockchain in Texas + we’ll see the next round of legislative action emerge.
What is happening? Texas Legislature passed SB 275 (2021 | TX) that requires The Texas Department of Information Resources to report on the Texas Volunteer Incident Response Team.
Why is this important? The goal is to offer rapid response to a cyber event at the state.
How will this be important? The report will make recommendations to make communication more efficient fro cyber response coordination.
What is happening? The Student Data Privacy Consortium (SDPC), a Special Interest Group of the non-profit Access 4 Learning (A4L) Community, is proud to announce the release of The National Research Data Privacy Agreement, a great resource to support schools in their student data privacy stewardship roles
Why is this important? The National Research Data Privacy Agreement included input from all stakeholders including schools, districts, state and government organizations, marketplace providers, researchers, universities, and their legal representatives
How will this be important? “The draft NRDPA can be found on the SDPC website (https://privacy.A4L.org/national-research-dpa/) with permissible usage rights for SDPC Members.”
What is happening? Miami has created a partnership that earns it a portion of the proceeds from MiamiCoin. So far Miami has earned $21 million.
Why is this important? MiamiCoin is the city’s version of CityCoins, digital tokens which people can hold and trade as a stake in their city’s government. The idealized view is that MiamiCoin will remove the need to pay local taxes.
How will this be important? Miami is the 1st city in the country to adopt this program, and by all accounts it has so far been beneficial.
What’s happening? DTRAVEL is a decentralized home sharing platform that is governed by its community via the Dtravel Decentralized Autonomous Organization (DAO), which gives community members a say with support from world’s leading crypto-friendly online travel agency
Why is this important? By relaying on blockchain, the participants can own part of the platform and make decisions that directly affect them
How will this be important? DTRAVEK says its method reduces fees, gives new revenue streams, and offers a community voice
What’s happening? QR codes in and of themselves are not privacy hackers, but the websites the QR codes lead you to, will track you can follow your data. Privacy experts recommend non-tracking browsers like Safari or Firefox.
Why is this important? Legislating consumer privacy online is very of the moment. Add QR codes to your legislative definitions.
How will this be important? QR codes will move from restaurant tables to your state house soon
What’s happening? CT joins UT and OH with offering liability protections for businesses who comply with reasonable data security measures.
Why is this important? These laws are viewed as a preview to liability protections coming to other states.
How will this be important? Need to write this legislation? Well, it’s been written.
What’s happening? 25% of local elected officials are opting out of cyber training.
Why is this important? The elected official exemption often also applies to their staff & the number of cyber attacks on local governments is increasing.
How will this be important? 58% of IT executives said their organization’s cybersecurity budgets are not adequate
What’s happening? The Department of State is establishing a Bureau of Cyberspace and Digital Policy. Supporters are bipartisan including Mike McCaul (R-Texas), Sen. Angus King (I-Maine), and Rep. Jim Langevin (D-R.I.)
Why is this important? The DOJ gave the Senate the power to confirm the head of the his Bureau.
How will this be important? The bureau will focus on international cyberspace security, international digital policy, and digital freedom and will integrate the core security, economic, and value components of the DOJ cyber agenda.
What’s happening? The Department of Justice will use the False Claims Act to impose penalties upon recipients of government contracts and grants that fail to follow required cybersecurity standards.
Why is this important? To be penalized a contractor had to knowingly fail to comply.
How will this be important? They want to take a stand this will be hefty fines and heavy protection of whistleblowers.
What’s happening? 2020 saw $3.3 billion in losses to cybercrime. That’s double the 2010 numbers. 4.7 million reports of cybercrime in 2020, that’s a 300% increase from 2010. Any drops in cybercrime during COVID were modest.
Why is this important? Lets look at where cybercrime hits the most and the least:
The MOST hit by cybercrime:
The lease hit by cybercrime:
How will this be important? With more people working from home, and the cybercrimes related to federal and state COVID programs, the cybercrime numbers are expected to keep increasing.
What’s happening? Politicians are touting it, and cryptocurrency miners see the lone star state and its low-cost energy as an appealing location.
Why is this important? A research associate at the Webber Energy Group at the University of Texas at Austin says that “Because Texas has some of the lowest cost electricity in the world, it looks pretty attractive to bitcoin miners or cryptocurrency miners.”
How will this be important? Opponents. Like these:
What’s happening? State Information Officers have been primarily focused on cybersecurity. Thanks to the pandemic, states #2 priority is improving digital services.
Why is this important? Streaming state services for functional and efficient digital services is good for state operations and good for state citizens. Connecticut says it thinks it has saved aspiring entrepreneurs 38,000 hours by streamlining digital services.
How will this be important? States are beginning to understand that they should be able to deliver services, like food in disasters, as quickly and efficiently as you can get a coffee at Starbucks.
What’s happening? White hat hackers, like academics or the press, discovered a flaw in the Missouri Department of Education’s website that exposed the social security numbers of teachers. They notified the state to not draw attention. In turn, the Governor attacked the white hat hackers who were trying to do a good.
Why is this important? DO NOT SHOOT THE MESSENGERS
How will this be important? Make sure your state laws on hacking are up to do date for the good guys to say hey there’s a flaw, let’s fix it before oil becomes a problem.
What’s happening? Gov. Greg Abbott wants Texas to be the center of the semi conductor world. (sssh! Don’t tell Austin it isn’t the center of the world).
Why is this important? The Gov. is assembling a task force in hopes of bringing the National Semiconductor Technology Center to the state.
How will this be important? The current Congress created the National Semiconductor Technology Center. This could be interesting foresight into the relationship between the Democratic Congress and Texas.
What’s happening? Rackspace conducted a survey of 1,420 government IT decision-makers and learned:
Why is this important? 58% were concerned about attacks of their networking systems followed by platforms 54% and apps at 53%.
How will this be important? 49% of respondents said adopting a zero-trust security framework would address cybersecurity challenges
What is happening? Massachusetts Legislature is consider S48 (2021 | MA) , An Act to ensure a free and open internet in the commonwealth, to keep providers from blocking, throttling or engaging in the paid prioritization of providing Internet service.
Why is this important? Net neutrality is moving to a state to state issue
How will this be important? MA isn’t alone, WA and CA have also entered into the net neutrality fray to keep providers from allowing for paid prioritization of internet services.
What’s happening? Halloween candy manufacturer was hit by a ransomware attack. We’re talking core Halloween candy on the US: Everlasting Gobstoppers, Lemonheads, Now and Later, Nerds, SweeTarts, Laffy Taffy, Red Hots, Pixy Stix, Atomic Fireballs, Boston Baked Beans.
Why is this important? Ransomware attacks are up and here we have an attack that could impact Halloween which is really just a candy holiday.
How will this be important? Well, just today Treasury Secretary Yellen called ransomware a direct threat to security.
What’s happening? Hacks and ransomware are occurring in greater numbers. COVID created a lot of new healthcare data.
Why is this important? The California Attorney General issued guidance to heath care industry that put the industry on notice that the office is concerned by health care data privacy.
How will this be important? The California Attorney General recommended the following minimum standards :
What’s happening? Financial firms identified $600Million in ransoms paid for ransomeware attacks. U.S. Department of Treasury investigators say it identified $5.2 Billion in bitcoin transactions that appear to be ransom payments.
Why is this important? The escalation is a critical infrastructure security threat.
How will this be important? Treasury conclusion is that ” private sector has collectively failed so far to take sufficient steps to protect against attacks”
What’s happening? Discussions about 2020 election audits in Pennsylvania are adding data privacy elements to prevent voter information discovered during the audit from being sold to third parties.
Why is this important? The audit standards in PA have included requests for the last 4 numbers of social securities numbers and full drivers license numbers.
How will this be important? An audit conducted by a third party would leave social security numbers and drivers license numbers accessible by a third party and transferrable.
What’s happening? Australia and Oklahoma have something in common- an intent to increase criminal penalties for ransomware.
Why is this important? Australia’s approach is to create a stand alone aggravated charge for ransomware. Also included is a notification requirement for businesses that pay more than $10million in ransom per year.
How will this be important? We’re seeing both of these approaches in the U.S. IN Congress we have a notification for any ransom paid being bandied about and Oklahoma passed a bill specifically criminalizing ransomware.
What’s happening? China cracked down on mining, reducing mining to zero. That leaves the U.S. mining 35% of crypto currency followed by Kazakstan, Russia, Canada, Ireland, Malaysia, Germany, Iran and Norway
Why is this important? More mining means more attention from financial interests. This begets more attention from regulators.
How will this be important? The pressure of more attention on US bitcoin mining could be a catalyst for regulatory action.
What’s happening? At the Texas Blockchain Summit, U.S. Senator Ted Cruz linked natural gas flares with a potential energy source for bitcoin mining.
Why is this important? From the words of U.S. Senator Cruz: “The beauty of Bitcoin mining is that if you can connect to the internet, you can use that energy and derive value from those renewables in a way that would be impossible otherwise. And, I think we are going to see in the next five years massive innovations in that regard as well,”
How will this be important? Miami has Miami Coin. Wyoming is open for crypto business and making moves to bank crypto currency.
What’s happening? A survey released this week by Price Waterhouse and Cooper says that 69% predict a rise in cyber spending in 2022. More than 25% say cyber spending will be more than double digit growth.
Why is this important? Last year’s study showed only 55% thought there would be a rise in cyber spending. 46% are seeing increased engagement of the CEO/
How will this be important? 2021 is on pace to record setting in cybersecurity issues.
What is happening? U.S. House and Senate members are advocating for standalone cybersecurity committees to “address mounting threats and streamline an increasingly bogged down process to approve legislation. “
Why is this important? As Congress does, so will your states.
How will this be important? Increase focus on cybersecurity addresses notice requirements for businesses, blockchain, cryptocurrency and more. It will touch corporations, financial institutions, law enforcement, local governments and campaign ethics. This is your alarm clock, wake up.
What is happening? The Department of Justice has created the National Cryptocurrency Enforcement Team that will investigate cryptocurrency through the lens of cyber crimes and money laundering.
Why is this important? The announcement also included ties to ransomware as ransoms are usually in cryptocurrency.
How will this be important? Look to this enforcement hierarchy to be replicated at the state level.
What’s happening? Pac-Sun will be the 1st major retailer to accept cryptocurrency at its retail establishments.
Why is this important? PacSun will utilize blockchain payment provider, BitPay.
How will this be important? The primary consumer for Sunpac is GenZ. The retailers decision making is driven by it’s GenZ customer base. 54% of current or former crypto owners are Gen Z according to a study by Coinbase.
What’s happening? S2666 (1117th Congress) would require businesses with more than 50 employees to notify Cybersecurity and Infrastructure Security Agency that a ransom had been paid within 24 hours. A business’ failure to comply could hinder federal contracts.
Why is this important? Its a blue print for state legislation
How will this be important? This and similar legislation will continue to play out on the state level. We’ve seen Oklahoma make ransomeware “illegal”
What’s happening? Miami has partnered with CityCoin to accept MiamiCoin for tax purposes and other city purposes. The mining and exchange generates revenue for Miami.
Why is this important? Annually the program is expected to generate $60 M and the mayor believes it will turn Miami into an innovation hub as the first city to begin this endeavor.
How will this be important? The key is watching the negotiations between the Mayor and a power plant. Cryptocurrency mining utilizes a lot of power.
What’s happening? Miami adopted Miamicoin, a cryptocurrency that can pay city employees, and be accepted for city taxes. Miami is partnering with CityCoins, a nonprofit and opensource protocol that allows people to hold and trade cryptocurrency representing a stake in a municipality.
Why is this important? In a week that saw China ban all cryptocurrency, we see Miami, one of the first cities int venation to embrace crypto currency. The Miami mayor calls the program a way to transform the city into the world’s “cryptocurrency innovation hub,”
How will this be important? The program is expected to generate $60M in the first year for the city. Since August $7.1 has been generated for Miami.
What’s happening? Hong Kong passed a doxxing law that prohibits the public release of information identifying an individual or organization
Why is this important? The legislation is a reaction to the 2019 mass pro-democracy protests that resulted in some law enforcement officers’ home addresses and children’s schools being exposed by anti-government protesters, leading to threats.
How will this be important? Pro-democracy groups worry that the legislation will be used to prosecute dissenters. Asia Internet Coalition, an advocacy group that includes Google, Facebook and Twitter, have said they may stop offering services.
What is happening? In June 2021 3.9 Million people quit their jobs. 41% of workers world wide are ready to quit.
Why is this important? Data moves when employees move jobs. New hires are the easiest targets for hackers.
How will this be important? The FBI says $26 billion has been lost to business email compromise attacks like these since 2016.
What is happening? A Newsweek poll shows that more than 40% of Texan voters support crypto-friendly legislation
Why is this important? This includes support for legalizing cryptocurrencies
How will this be important? Wyoming is methodically passing legislation to create a crypto bank, and has been a legislative fascination for other like minded legislators
What’s happening? www.banfacialrecognition.com tracks state and local bans on facial recognition software. There are 20+ outright bans.
Why is this important? How you write a ban matters as Town of Hamden, Connecticut learned after proposing ” an ordinance that would prohibit all town officials from obtaining, retaining, accessing or using “any facial recognition system or any information obtained from a facial recognition system.” The wording could prohibit a town official from using their iPhone that uses facial recognition to open.
How will this be important? Both sides on this issue agree that any data collected must be protected from release and hackers.
What is happening? Facial Recognition Software isn’t making local government sales, but it is making private sector sales like Miami where Uber or Lyft, or at an airport kiosks, have tablets that use facial recognition to target ads.
Why is this important? The operator says the tablets do not retain personal data but do look for person’s age, gender, and ethnicity, as well as mood
How will this be important? The company says cookies that tock you are a thing of the past and this is the future.
What’s happening? Treasury Secretary Janet Yellen has declared ransomware a threat to the economy. To lessen the threat, The Treasury Department is cracking down on cryptocurrency, the preferred payment method for ransomware hackers.
Why is this important? This year, the U.S. has seen Colonial Pipeline and JBS USA choosing to pay ransoms. The Justice Department recovered the majority of the roughly $4.4 million in bitcoin paid to the hackers by Colonial.
How will this be important? States are making ransomware an explicit stand alone crime and state securities agencies are enforcing cryptocurrency bad actors, it’ll be a combination of federal and state enforcement.
What’s happening? At the end of July New York City passed a rule that required food delivery services to share customer information with restaurants with the policy goal of giving restaurants access to their customers. Now, Door Dash is suing in part because there are no data security measures for when the information is transferred.
Why is this important? Also included in the NYC vs. Food Delivery brouhahah is a cap on fees that delivery services can charge.
How will this be important? Delivery services say ultimately customers will be harmed because they’ll have fewer options and NYC says that restaurants are the backbone of the NYC economy.
What’s happening? Supports of prohibiting ransom payments to hackers say that by prohibiting the payment of ransomware we will see a decline in ransomware.
Why is this important? For those playing along at their offices, we know that Oklahoma passed a bill , HB 1759 (OK | 2021 )this year to make ransomeware specifically a crime. 3 states, PA, NY and NC are considering making payments to ransomware attacks illegal. A bill died in Texas to this effect.
How will this be important? Bans will be part of a multi prong approach including: incentives, mutual aid where the governments identify experts that can help businesses, and building business resiliency.
What’s happening? Software companies that make license plate reading software has a new home as the companies are approaching neighborhoods.
Why is this important? local governments and states are not adopting the software, so the new message is license plate readers is a tool for neighborhood watch.
How will this be important? There is no empirical data that license plate readers reduce crime and the operation of the readers has little oversight in the hands of a neighborhood. A San Antonio neighborhood raised concerns of stalking fellow neighbors.
What’s happening? A new report from cybersecurity firm, Strikeforce, says that there is a rise in using compromised credentials to gain access as opposed to malware and ransomware.
Why is this important? Multilayer credential checks along with repetitive credential checks are the way around this type of attack. The attacks are also faster at gaining access to other systems within a network at an average time of 1 hour and 32 minutes.
How will this be important? As hackers are faster and quicker, entities have to react more quickly to secure their systems and users.
What’s happening? El Salvador is moving to adopt a cryptocurrency. It has acquired 200 bitcoins with a value total of $10 million.
Why is this important? More countries are moving toward adopting a form of cryptocurrency. El Salvador will accept bitcoin for goods, services and for taxes.
How will this be important? The El Salvador government’s bitcoin wallet Chivo, comes pre-loaded with $30 worth of the currency for users who register with a Salvadoran national ID number.
What’s happening? Detroit is using a marketing campaign for the Federal Communications Commission’s Emergency Broadband Benefit Program focused on a hotline number, radio ads, tv ads all targeted by the distinct neighborhoods. Flyers are distributed to churches.
Why is this important? The digital divide isn’t only urban-rural, but also within urban areas.
How will this be important? If the marketing is successful in Detroit, it could inform other cities.
What’s happening? The new buzz word for state election security is “cyber navigators.
Why is this important? Cyber navigators are said to break down complicated cuber security for elections into tangible achievable pieces for election administrators
How will this be important? 7 States have passed cyber navigator programs: Florida, Illinois, Iowa, Massachusetts, Michigan, Minnesota and Ohio
What is happening? Republican leadership in Ohio is proposing data rights for Ohioans with the ability to have personal data deleted and request that it not be sold.
Why is this important? OH led the nation in offering liability protection for companies that maintained reasonable dat security measures. That was 2017. Today, elected officials want protections for Ohioans.
How will this be important? It is being touted as giving businesses and consumers confidence in their data in Ohio.
What is happening? Operators of U.S. bitcoin ATMs formed a coalition to strengthen compliance standards to prevent cryptocurrency crimes.
Why is this important? To legitimize cryptocurrency the crypto ATM companies need to ensure against crime and anonymous transactions
How will this be important? The coalition intends to grow its stakeholders to include cash-based cryptocurrency money service businesses, regulatory bodies, financial institutions, non-governmental, and law enforcement agencies
What’s happening? Newark Airport is testing facial recognition software to assist with boarding
Why is this important? The goal of this pilot program is to make airports more effcieint
How will this be important? Commercialism the use of facial recognition, moving away from recent debates of the use of the software by governmental entities and law enforcement
What is happening? Kansas is testing a drone program out that would allow it to move medical supplies and lab tests
Why is this important? It is a partnership between German drone manufacturer Wingcopter & Denver-based air medical service provider Air Methods
How will this be important? Can prove to be a safe and efficient way to transfer medical goods minimizing human interactions
What’s happening? Illinois Lake County Treasurer is the first campaign to take crypto current campaign contributions.
Why is this important? The FEC permits crypto currency contributions
How will this be important? The tech friendly candidate sees crypto currency contributions as a way to bring the tech supporters, who are not active campaign contributors
What’s happening? Pennsylvania has a Emerging Technologies Caucus that is introducing a blockchain bill that would allow businesses in Pennsylvania to develop blockchain-based products
Why is this important? Your bill drafting guides & talking points:
How will this be important? Blockchain is a grey area in the law
What is happening? Texas Legislature passed the Lone Star Infrastructure Protection Act that prevents Texas from contracting with foreign-owned companies from China, Russia, North Korea and Iran to protect the state’s critical infrastructure
Why is this important? The bill also gives the Texas governor the authority to add countries to the list, with consultation by the director of public safety and the Texas Department of Homeland Security.
How will this be important? SB 2116 (2021 | TX) let’s not be surprised when other states replicate this bill
What’s happening? Argo Blockchain, a Canadian cryptocurrency mining company, built a facility in Dickens County, Texas. Population 2300. The reason: Available cheap energy.
Why is this important? Texas has a deregulated energy market, “which means customers can choose between different power providers and providers are thus incentivized to provide low rates.” This translates to long term contracts at low rates.
How will this be important? If Texas adopts market reforms will these contracts be impacted? Miners consider themselves a virtual power plant based on their power agreements.
What’s happening? During the 1st week of August, Miami’s MiamiCoin project launched & has already generated $1Million in revenue for Miami. Miami under current laws can only receive the revenue in dollars, and cannot own the crypto. Currently Miami gets 30% of the revenue MiamiCoin generates using specific MiamiCoin protocols.
Why is this important? A discretionary pot on new revenue…name a city that wouldn’t be intrigued, please be my guest…
How will this be important? Revenue and the cryptocurrency is being touted as a “viable form of incentivizing civic engagement” Tallahassee is already working on ways for cities to own crypto…
What’s happening? Sen. Amy Klobuchar introduced a bill this week to strip online platforms like Facebook Inc. and Twitter Inc. of liability protections if their technology spreads misinformation about coronavirus vaccines or other public-health emergencies.
Why is this important? The bill tracks a report from the Center for Countering Digital Hate that says the majority of misinformation comes from 12 social media users.
How will this be important? Tech Leaders have indicated a modicum of support for amending the liability protection in Section 230, a provision in the 1996 Communications Decency Act
What’s happening? On Tuesday it was announced by PolyNetowrk that hackers stole $600 million in various cryptocurrencies from its network. PolyNetwork asked the hackers to return the funds. As of this $4.8 million have been returned.
Why is this important? How do you enforce when the crypto is stored by blockchain, in multiple parts on multiple servers and US financial regulators are pushing to make cryptocurrency easier to trace.
How will this be important? The industry is asking and moving to self regulate and secure their assets.
What’s happening? Anchorage Digital won a DOJ contract to store and liquidate digital assets that federal law enforcement seizes following criminal investigations
Why is this important? Anchorage Digital is also the 1st federally chartered bank for crypto
How will this be important? This will also be an issue for state regulators and it’s super new.
What’s happening? NYC Council passed an ordinance requiring a delivery service to share customer service with restaurants. Council members say they are helping restaurants by passing this measure. Opponents say it is hasty and replete with unintended consequences.
Why is this important? We’re relying more and more on delivery in this COVID world.
How will this be important? How governments handle regulating delivery services and the data that is accrued and shared among vendors.
What’s happening? This week is was revealed that some EV chargers have a flaw that make them vulnerable to hackers.
Why is this important? The security firm that identified the flaw says the flaw could have been exploited by a “malicious hacker to hijack user accounts, impede charging and even turn one of the chargers into a “backdoor” into the owner’s home network.”
How will this be important? It begs the question about protection for the good hackers who identify these problems. It also illuminates flaws in data security requirements for the internet of things- including EV charging stations.
What’s happening? You know those states we’ve talked about that are providing liability protections for businesses that up their data security standards. The OH, UT, and CTs of the U.S.? Well, CT also removed the option of punitive damages. I’m pretty sure at least OH did too.
Why is this important? More data breaches, more ransom ware, the more potential for litigation. The more litigation, the more businesses asking for liability protection legislation.
How will this be important? 3 of 50 states have acted on this…. How many states do you know that like art reform legislation like this…
What’s happening? The federal infrastructure bill has $1billion for state and local cybersecurity. It can be appropriated like this:
Why is this important? “State and local governments need more resources to prevent cyberattacks that can devastate their ability to carry out day-to-day functions that citizens rely on, from protecting school data to keeping utilities up and running,” – U.S. Senator Maggie Hassan
How will this be important? We have states passing laws prohibiting ransoms from being paid when local governmental systems have been locked by ransomware. Cybersecurity is an ongoing funding item.
What’s happening? This year Maine became the 1st state in the nation to ban the use of facial recognition software.
Why is this important? Bans of facial recognition software up until then had been highly local and limited to county or city government bans.
How will this be important? Maine is talking about it in terms of civil liberties and personal privacy.
What’s happening? Fortune is profiling Caitlin Long who has helped pass 24 crypto friendly bills to make WY the wild Wild West of BlockChain.
Why is this important? She is CEO of “crypto bank” startup Avanti Financial Group
How will this be important? WY is setting itself up to have the first crypto bank
What’s happening? The Freedom Fest which use to be in Las Vegas, and for 2021 is in South Dakota, because it has the fewest COVID restrictions is lumping together 2nd amendment advocates, rights for sex workers and crypto currency supporters. They describe themselves as trending libertarian.
Why is this important? Crypto currency policy is so new, this could be part of a road map to figure out who your allies are.
How will this be important? Tracking the similar supporting causes helps you understand the playing field.
What’s happening? States like NY, NC, TX & PA are considering legislation to prohibit state governmental entities and local governmental entities from paying ransoms to ransomware
Why is this important? Ransomware attacks are increasingly common and how their handled varies. By removing the ability to pay, the policy logic is the state also removes the likelihood of attack. If these measures succeed, then are businesses more likely to be attacked? Do we see the next round of legislation that prohibits businesses from paying a ransom?
How will this be important? Some hackers may hack for the ransom and some may hack for the disruption. Forcing a city or state to rebuild their systems can be costly and time consuming.
What’s happening? Georgia, the country, is placing some its wine production on blockchain allowing investors and enthusiasts to track provenance and buy and sell associated non-fungible tokens
Why is this important? First, NFTs are new, hot items. Secondly, the blockchain tracking of Provence will improve the reputation of Georgian wines and will be tied to its wine’s quality-assurance standard
How will this be important? The legislation beings together the wine industry, blockchain technology companies and customers.
What’s happening? The EU is adopting new rules requiring those who send and receive cryptocurrency to track senders and recipients
Why is this important? to keep track of dirty money transactions, which is largely the same rules that exist for wire transfers
How will this be important? These new rules can track down money launders and those who finance terrorism
What is happening? CT is starting an incentive program for businesses to adopt cyber security measures. HB 6607 (2021 | CT)
Why is this important? The goal is to “reward companies for creating and maintaining a written cybersecurity program with administrative, technical and physical safeguards to protect both personal information and the businesses’ confidential data.”
How will this be important? Companies will receive liability protection just like OH and UT.
Why is this important? Other states are going to start recognizing DAOs
How will this be important?
What’s happening? last year there was a 400% increase in ransomware. Cyber Insurance payouts top 70% of break even.
Why is this important? This means it is no longer not cheaper to not pay the criminals. Now the insurers pay the criminals.
How will this be important? Commerical premiums jumped 39% in March 2021. This is an intersection of a lot of funds and hackers.
What’s happening? Coca Cola has added Chief privacy officer to “define global privacy and legal personal data strategy.” The new privacy officer is also a she according to the link.
Why is this important? It wasn’t that long ago we started seeing Information officers and then Sustainability officers, and now Let’s welcome Data Privacy officers.
How will this be important? Coca Cola won’t be the first.
What’s happening? Colorado Governor signed SB 21-190 (2021 | CO) requiring companies to disclose how they use data; and giving Coloradans the right to opt out of data collection; “access, correct or delete” the data, or obtain a portable copy of the collected information
Why is this important? Colorados enforcement mechanism is to apply the Deceptive Trade Practices Act for enforcement.
How will this be important? Colorado is the 4th state to give its residents a Right to Privacy in their Data. 46 more states to approach the issue.
What’s happening? Ohio Republicans are proposing data privacy rights that would allow Ohioans to have the ability to have personal data deleted and request that it not be sold. Businesses would “adhere to specified data standards” & the Ohio Attorney General would have exclusive authority to enforce it. No “private right of action would exist”
Why is this important? Ohio lays out best practices for businesses.
How will it be important? The number of data breaches is only increasing.
What’s happening? Congress is considering No Biometric Barriers to Housing Act of 2021 that would ban biometric technology in most federally funded public housing
Why is this important? Lawmakers aren’t only in treated in the use of biometric software but also the rational behind using the software in the first place.
How will this be important? They say privacy protecting legislation is gaining steam in Congress.
What’s happening? In 2013 8 tech companies formed Reform Government Surveillance to lobby for surveillance reforms by opposing the “dragnet collection of Americans’ private data”
Why is this important? we’re talking about Apple, Facebook, Google, LinkedIn, Microsoft, Twitter, Yahoo and AOL, Amazon, Dropbox, Evernote, Snap and Zoom
How will this be important? A lobbying firm that runs the coalition decided that Evernote wasn’t active enough, so they removed its logo. The company says it’s still a member. This is a cautionary tale that tech companies, and tech media will notice tech changes.
What’s happening? Visa says for the 1st 6 months of 2021 crypto linked credit card transactions topped $1 billion.
Why is this important? In 2019 transactions were more like a blip.
How will this be important? 70 million merchants world wide are accepting cryptocurrency based credit cards
What’s happening? Consumer Financial Protection Bureau is moving toward rule making to strengthen consumer access to their financial data.
Why is this important? Sometimes you need to share your financial information, to use things like Quicken’s automatic features or auto payments.
How will this be important? Big banks and big financial companies want to control personal financial data. It’s the new forefront of privacy rights.
What’s happening? Baltimore City Council is moving forward an ordinance to ban facial recognition software.
Why is this important? The City wants to study whether the software infringes on the privacy of its citizens. The City is fresh off a program that used a crime fighting “spy plane” that captured private citizen behavior.
How will this be important? Supporters say that the software misidentifies people of color.
What’s happening? Legislation to allow parents and kids to petition tech companies to remove posts to ensure “A Right to be Forgotten”
Why is this important? It allows the ramblings of a 17 year old to not be used against the 35 year old version of themselves by their employer
How will this be important? We’ve all heard the refrain “Cancel Culture” how far back does that go? Should the internet be able to forget your ill timed and inappropriate posts?
What’s happening? National Republican Congressional Committee has announced it will accept cryptocurrency as campaign contributions
Why is this important? They’ve agreed to use a payment service– BitPay the crypto will be converted to cash. The cash will be deposited thereby circumventing the Federal Election Commission’s $100 cap on cryptocurrency.
How will this be important? As if, the FEC loophole isn’t enough. But, we’ll also see more states open to crypto for campaign contributions.
What’s happening? Illinois is considering HB 3968 (2021 | IL) that would create a special purpose depository trust for digital assets.
Why is this important? Because digital assets reside in packets scattered across multiple platforms, what custodial obligations the custodians have is unclear.
How will this be important? Custody of digital assets will be important as digital assets are increasingly welcome as payment methods.
What’s happening? An amendment in Ohio would prohibit public broadband operators from providing service as long as there was a private-sector company operating in the area.
Why is this important? The limited exception for public or municipal broadband would be to only unserved area & those without access to download speeds of at least 10 mbps
How will this be important? COVID highlighting the need to improve access to broadband. There’s funding flowing to these projects and that funding has not been distributed.
What’s happening? California, Virginia and now Colorado have passed consumer data privacy bills. SB21-190 (2021- CO)
Why is this important? There are 17 exceptions to the Colorado bill that paint the path forward for other states. The exceptions include airlines, national securities association, public utilities, higher education, financial institutions…
How will this be important? 3 of 50 and protecting consumer data is only catching more people’s attention.
What’s happening? First, Cersi Lanister has to take the walk of shame on Game of Thrones, and now it’s data breaches. Texas passed HB3746 (2021 | TX) that requires a public data base listing data breaches if more than 250 people are impacted.
Why is this important? Policy makers loves databases. Let’s see who the bad actors are because we don’t love a redemption story in America? It confuses my foreign born brain.
How will this be important? In future policy negotiations will businesses ask for limited liability protections in exchange for data breach public shaming walls?
What’s happening? Cities are seeing bitcoin ATMs emerge. A landlord in Los Angeles permits bitcoin as rent payment. In total, there are 18,000 bitcoin ATMs across the U.S.
Why is this important? Los Angeles has more bitcoin ATMs than any other city at more than 1000. After L.A., it is Chicago with 600.
How will this be important? Tech hubs like San Francisco, Silicon Valley, Austin, TX and the triangle in North Carolina did not crack the top 10.
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