Cybersecurity & Tech
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.
Route Fifty | Baltimore Latest City to Consider Banning Facial Recognition Technology
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.
The Hill | Republican House campaign arm says it will begin soliciting cryptocurrency donations
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.
Chicago Tribune via Governing | Illinois Could Become New Hub of the Cryptocurrency Industry
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.
Ars Technika | Ohio Republicans close to imposing near-total ban on municipal broadband
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.
Colorado Sun | Colorado is the third state to pass a consumer-data privacy bill. Now what?
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?
Reuters | Texas amends law requiring state AG to publicly post data breach notifications
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.
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.
Route Fifty | Baltimore Latest City to Consider Banning Facial Recognition Technology
What’s happening? 75% of states say COVID had an impact on their remote access security, and about 50% of those said they expanded their existing data loss protection technology. 27% of states acquired new security tools
Why is this important? Security and broadband access are going hand in hand. 39% of states say their internet bandwidth was sufficient and 34% say there was minimal effort to adjust their bandwidth. 76% say increased remote work will continue.
How will this be important? The most popular method to approach security during the pandemics were : 58% increased training & 74% increased identity management and multi-factor authentication.
Route Fifty | States Bolster Data Security Technology in Response to Covid-19, Survey Finds
What’s happening? Maryland, Montana and Utah limit what police can access through genealogy websites.
Why is this important? These are the only 3 states that limit access to genealogical information.
How will this be important? The question is where is the lim it. For these 3 states the limit seem tone that police can use the genealogical information but only in this instance: “only for serious violent crimes such as murder and rape, only after they exhaust other investigatory methods, and only under the supervision of a judge”
Baltimore Sun via Governing | Maryland Limits Police Access to Genealogy Website Data
What’s happening? On Thursday June 10, 2021 the Texas Department of Banking issued an industry notice “that Texas state-chartered banks may provide customers with virtual currency custody services, so long as the bank has adequate protocols in place to effectively manage the risks and comply with applicable law.”
Why is this important? Custody of virtual currency is growing practical and policy issue. Especially securing storage when servers go offline.
How will this be important? We have to think that the state regulatory action begets statutory changes in Texas and in other states.
Texas Department of Banking Industry Notice on Cryptocurrency Custody
What’s happening? Everyone in California who has received a dose of vaccine has had their information entered into a state database. Medical patient data is being shared across third-party digital platforms
Why is this important? Emergency waivers during the pandemic may have eased data privacy laws.
How will this be important? The legal minds are concerned about what happens to our medical data when a private company, say an airline, asks for our vaccine card, uploads it in exchange for certain improved services. How is that information protected in the hands of the private third party that is not in the health care business.
Mercury News via Governing | California Vaccination Records Raise Data Privacy Concerns
What’s happening? Florida Governor signed its bill prohibiting Twitter and other social media platforms from banning elected officials and candidates. As every action has an equal and opposite reaction, Florida was sued.
Why is this important? Netchoiceand the Computer & Communications Industry Association (CCIA) filed suit. Their members include Facebook, Twitter, Amazon, Google, and eBay. They say that the law violates the 1st Amendment (free speech) 14th amendment (Due Process), the Commerce Clause and is preempted by the federal Communications Decency Act.
How will this be important? Know any constitutionally gifted litigators because Florida isn’t the only state making this move….
Ars Technika | Big Tech sues Florida, saying social media law violates First Amendment
What’s happening? Pennsylvania is considering legislation that was amended with more stringent notification requirements for state and local governmental entities, including school districts. These entities will have to notify affected individuals within seven days of discovery and notify the state’s Attorney General within 3 business days, or notify the DA’s office within three days if the breach occurs on the county level.
Why is this important? State and local governmental entities hold a lot of personal information and often may not have the most up to date equipment and software.
How will this be important? This bifurcated notification system is replicable.
KDKA | Pennsylvania Senate Committee Approves Bill Updating Notification Process For Data Breaches
What’s happening? Oregon is considering HB 3047 (2021 |OR) that would create a civil cause of action for doxxing any person in Oregon. Doxxing is releasing a person’s personal information with an intent to harass the person.
Why is this important? Doxxing statutes are growing in popularity and growing in specificity. Some only apply to certain professions like law enforcement.
How will this be important? We’re just learning new online bad acts, and sometimes those bills can be hijacked by Open Records and disclosure amendments. Be aware.
Oregon Live | Amendment to anti-doxxing bill would block release of some public employee info
What’s happening? Oklahoma Governor signed HB 1643 (2021 | OK) that makes doxxing law enforcement illegal.
Why is this important? Doxxing is entering the lexicon. Doxxing is when a person ” publish or post anything online that could include personally identifying information about a police officer if their intent is to threaten, harass or stalk them. In some cases, this could even include a picture of an officer wearing a name page.”
How will this be important? Doxxing laws a spreading throughout the U.S. applying broadly or only to certain professions. Write your doxxing laws now.
KOKO News 5 | Stitt signs bill preventing Oklahoma law enforcement officers from being doxxed
What’s happening? The European Commission wants tech companies to block accounts sharing disinformation and ban those that regularly post debunked content
Why is this important? In 2018 the big tech companies and the EU signed the its Code of Practice on Disinformation, a voluntary pact signed by the world’s largest social media companies to stop the spread of disinformation
How will this be important? If tech trends, like protecting data privacy begin in Europe, this stands. good chance of jumping the policy pond to the States.
NPR | Europe Wants Social Media Giants To Do More To Stop Disinformation
What’s happening? The NewDEAL Forum created its Broadband Task Force to identify obstacles to broadband access
Why is this important? Investment in broadband is an investment in the future of a state. States are funding, mapping broadband access, and working to build out broadband access to their most rural areas.
How will this be important? Broadband access isn’t a partisan issue.
Route Fifty | State and Local Leaders Form New Group to Tackle Broadband Gaps
What’s happening? Florida Governor signed its version of the “twitter bill” that prohibits immediately suspending a social media account, providing 30 day grace period. If no 30 day warning period is given, fines can be $250,000 for statewide candidates and $25,000 for other candidates.
Why is this important? Florida has a new resident who is a former President who was removed from social media platforms.
How will this be important? The role of social media and its role in relation to the 1st amendment is at its nascent for legislators and regulators.
Miami Herald via Governing | Florida Law Stops Big Tech from Banning Political Candidates
What’s happening? OH Legislature passed HB 2 (2021 | OH) that created Ohio Residential Broadband Expansion Grant Program.
Why is this important? COVID revealed that nearly 1 million Ohioans lack access to reliable high-speed internet service
How will this be important? The grant program sets aside $20 million, and an additional $190 million is anticipated through other funding strategies.
Governing | Ohio Approves $20 Million for Broadband Expansion
What’s happening? Compass Mining, the world’s first online marketplace for Bitcoin mining hardware and hosting, is joining Texas BlockChain Council.
Why is this important? Compass Mining wants in on the action of education legislators
How will this be important? They smell fresh meat and the fresh meat is the Texas Legislature
Accesswire | Compass Joins the Texas Blockchain Council as a New Member
What’s happening? Hackers obtained law enforcement details and data for DC law enforcement officials. When negotiations broke down, the data and officer information was released.
Why is this important? In practical terms, release of specific law enforcement information could impact prosecutions and courts.
How will this be important? This is just the beginning
CNN | Ransomware group says it released ‘full data’ on DC police department
What’s happening? Florida has 18 different sports betting bills floating around its Legislature. None have data security provisions. And, if like Florida your state has tribal gaming, the Compact allow the tribes to set data security standards.
Why is this important? Does the sports betting law or legislation in your state include a data security standard?
How will this be important? Once hackers take control over betting data it will be too late.
Miami Herald via Governing | Florida’s Sports Betting Laws Don’t Include Data Protections
What’s happening? North Carolina Legislature approved an exception to warrant process to allow law enforcement to track cell phone data in real time if there is risk of death or serious body harm.
Why is this important? It is these types of constitutional issues where Libertarian leaning Republicans and ACLU agree. Because of that, oversight was added to the bill which the republican author purportedly refused initially.
How will this be important? Legislating around constitutional warrant requirements gets tricky when humans are involved. They want to push it further and take more, and then Legislatures pull back their laws. Before the retraction, other states will jump on the bandwagon.
News & Observer via Governing | N.C. Lawmakers Approve Police Tracking of Cell Phone Data
What’s happening? New York Legislature is considering S6486 (2021 | NY) that would prohibit bitcoin mining because of the environmental concerns.
Why is this important? NY will take 3 years to study the environmental impact. The industry says “A single cryptocurrency transaction uses the same amount of energy that an average American household uses in one month, with an estimated level of global energy usage equivalent to that of the country of Sweden.”
How will this be important? Bitcoin mining takes a lot of electricity. Some companies make arrangements with renewables or to mine at non peak hours. Some companies opt for very cold climates to minimize electric impact.
Bitcoin Magazine | NEW YORK’S MISGUIDED LEGISLATION TO PAUSE BITCOIN MINING WON’T STOP THE INDUSTRY
What’s happening? Ransomware hackers took over the Colonial Pipeline which led to gas station shortages in the Southeast
Why is this important? The pipeline owner paid $5 million in ransom to get gas flowing again. The lingering question is whether by paying the ransomware will other bad actors feel empowered?
How will this be important? Not the first, won’t be the last.
NY Times | Colonial Pipeline Paid Roughly $5 Million in Ransom to Hackers
What’s happening? “The National Guard Cybersecurity Support Act would give governors the power to deploy on their own, and allow states to quickly respond to cybersecurity threats against government programs and information systems.”
Why is this important? If you were watching the live stream of the Texas House of Representatives this week when it and other state agency websites went down, you might be read this.
How will this be important? Hackers took control of a pipeline this week and disrupted the gas market. This is just beginning.
Meri Talk | House Bill Would Allow Governors to Deploy National Guard for Cyber Threats
What’s happening? Extreme Vehicle Battery Technologies Corp. is developing technology that will limit the need for repairs in EV batteries
Why is this important? Imagine a world with remote diagnostics and repairs
How will this be important? Open any paper and see the stats of the growth of EVs and the predicted future growth
What’s happening? it’s a mouthful… In 2019 Wyoming passed a law to make bitcoin mining and blockchain a sort of safe haven in Wyoming, seeking to lure business to Wyoming.
Why is this important? This week the Federal Reserve announced it was opening up comment period for “Account Access Guidelines for the Reserve Banks” which would lead to Wyoming-chartered special purpose depository institutions ….bitcoin banks!
How will this be important? Wyoming was just the first, other states are following. Look to AZ which has been dabbling in finch sandboxes and UT too.
Wyoming News Now | Governor Gordon, Senator Lummis Continue to Lead Wyoming’s Rise in Digital Realm.
What’s happening? Florida was poised to pass a data security bill that put consumers in control of the use of their data, a a manner similar to California’s landmark legislation. The bill was a priority of the Speaker of the House and was in conference committee.
Why is this important? Florida’s largest companies hired 343 lobbyists.
How will this be important? The key talking point for both sides was whether Floridians should be in charge of their own data. Republicans supported protecting their own data, not allowing companies to make money off their data without consent, and a private cause of action to enforce violations.
Security Info Watch | Florida lawmakers reject data privacy bill
Governing | Florida Bill Would Allow Consumers to Sue Over Data Privacy
What’s happening? A groundbreaking new solution to gas flaring and monetization of stranded natural gas with the help of Bitcoin mining.
Why is this important? The energy use of bitcoin mining, which is enormous can offset flareups
How will this be important? Flareups are a constant regulatory and legislative creature and bitcoin mining offers a solution.
What’s happening? Nevada Governor proposes allowing tech companies to form local governments to spur economic recovery and diversify the economy. These “innovation zones”
Why is this important? The proposal would allow “emerging technologies—like blockchain, autonomous vehicles or artificial intelligence—to develop autonomous districts.” To get there, the company will have to own at least 50,000 acres of land and invest at least $1.25 billion over 10 years. Over time, the tech company would take over government roles like tax collection, education, & law enforcement.
How will this be important? A Democrat Governor proposal in a. western independent state- that’s the ingredients for a repeat recipe.
Route Fifty | Nevada Plan to Let Tech Firms Form Local Governments is Scaled Back
What is happening? Florida is considering HB969 (2021 | FL) that will share attributes with the California Data Privacy law by allowing for causes of action by consumers and gives consumers more power over their personal data.
Why is this important? Florida is doing something California did. That’s like my cat following my dog around, not happening and yet it did.
How will this be important? As states and companies call for greater control over personal data, even so far as granting property rights to data, these laws are evolving t a fast pace.
national law review | Florida Moves Forward a Revised Consumer Privacy Bill
What’s happening? Add Maine and North Dakota to the states that have adopted the National Association of Insurance Commissioners (NAIC) data security model law. They’re up to 13 states, like the original 13 colonies but different. These 13 require insurers, insurance agents and other entities licensed by the state department of insurance to have comprehensive data security plans.
Why is this important? Not only are insurance policies for cyber incidents increasing in number and value, but so is a requirement that the insurance side of the equation has appropriately sized data security plans for the information that they maintain.
How will this be important? 13 of 50, this model law is only a couple yers old, it take time for it to spread to more states, but based on previous model laws, the spread is inevitable.
National Law Review | Two Other States Adopt Model Data Security Law for Insurance Industry
What is happening? Baltimore is creating more government transparency by giving the public access to action trackers to give insight into how projects are coming along. In 2016, when the current mayor served on city council, he passed an ordinance that created a city open data policy.
Why is this important? It is a trust building exercise for local governments and their constituents
How will this be important? It is a perennial question- do people trust the government.
Governing | Baltimore to Use Data Transparency to Gain Public Trust
What’s happening? Franklinton, NC is looking to recycle used tires to convert them into oil to power cryptocurrency mining. Product Recovery Technology International is using thermal demanufacturing
Why is this important? The energy generated in Franklinton ultimately could be harnessed for the town
How will this be important? As non-Arctic Circle locations work to recruit bitcoin companies, figuring out how to power mining will be crucial
News & Observer Governing | North Carolina Town to Use Old Tires to Mine Cryptocurrency
What is happening? Fourth Amendment is Not for Sale Act by Senators Ron Wyden (D-OR) and Rand Paul (R-KY) would prohibit from buying information from data brokers. This bill would require them to have a court order.
Why is this important? Are there conversations in your city or state about whether your law enforcement officers are buying personal data from data brokers?
How will this be important? In the new economy, or the post pandemic world, how law enforcement operates is getting a closer scrutiny. Especially when it comes to use of technology and data. Add data brokers to facial recognition software as go-to legislation.
Tech Crunch | New privacy bill would end law enforcement practice of buying data from brokers
What is happening? Fairfax County Employees’ Retirement System and Fairfax County Police Officers Retirement System are the first known to commit to a dedicated fund that invests primarily in blockchain technology firms
Why is this important? Specialized investment awareness is growing. Whether it is pension contributors who want to select climate change issues or general ESGs, or pension systems that want to divest from fossil fuels.
How will this be important? More pension systems are claiming their identities and VA is home to the first on the blockchain train.
Pensions & Investments | Two Virginia pension funds warm up to blockchain technology investments
What is happening? Governor Cuomo signed the NY state budget which included a provision for $15/mo internet access for low income families in NY. Heralded as the 1st state in the US to offer internet access to all affordably..
Why is this important? COVID highlighted the need for better and more inclusive broadband access.
How will this be important? Broad support for $15 internet access includes AARP and many opponents of Governor Cuomo. Plus, some companies, like Spectrum, offer low cost internet. Everyone is on board. We will see more of these programs ASAP.
Times Union via Governing | New York Orders $15-Per-Month Internet for Low-Income Homes
What’s happening? HB 971 (2021 | FL) would allow a consumer, whose personal information has been breached in a data breach, to file a cause of action against a large company who held the data that was breached. A large company is defined as more than $50M in revenue. and collect data from more than 50,000 Floridians.
Why is this important? California and Virginia have passed similar legislation. Momentum for consumers to have more control over their personal data is increasing.
How will this be important? More states are expected to give their residents greater control and provide a path to bring a lawsuit concerning their personal data.
Governing | Florida Bill Would Allow Consumers to Sue Over Data Privacy
What’s happening? Iowa is considering SF 541 (2021 | IA) that would adopt smart contract rules for blockchain, distributed ledger technology, and give legal recognition to electronic records, signatures, and contracts
Why is this important? Wyoming started this trend not so long ago and more states are jumping on the bandwagon.
How will this be important? Other states including Texas HB 4474 (2021 | TX ) are considering blockchain legislation
Decrypt | Iowa Lawmakers Pass Blockchain-Friendly Legislation
What’s happening? UT is second state after OH to provide a defense from liability for businesses.
Why is this important? UT followed in OH’s footsteps in making sure the data security protections that the business had in place met federal standards and was appropriate for the scale of the business.
How will this be important? More states will adopt protections for businesses that exercise prudent data security measures.
JD Supra | Sheppard Mullin Richter & Hampton LLP | Utah Creates Data Breach Safe Harbor
What’s happening? Florida is considering HB 1297 (2021 | FL) that will create a Florida Cybersecurity Advisory Council to coordinate communication between law enforcement, the council and the state’s chief information security officer’s office.
Why is this important? The state had created data security protocols, established training, and created the Florida Digital Service that is responsible for maintaining state data, setting up testing environments to test state software and facilitating data sharing between government agencies.
How will this be important? Not only is this coordinated effort with law enforcement a model to replicate, it also sets a framework for forensic cyber investigations.
Government Technology | Cybersecurity Could Get $31M Infusion from Florida
What’s happening? Blockcap Inc., one of the largest bitcoin mining and blockchain technology companies based in the United States opened its Austin headquarters.
Why is this important? Blockcap wants to make the US a central global player for digital asset mining and blockchain technology more broadly.
How will this be important? Blockcap’s mining capacity ti set to double and it has raised more than $75 million in the last year.
Ritz Herald | FORMER TEXAS GOVERNOR RICK PERRY WELCOMES BITCOIN LEADER BLOCKCAP INC TO AUSTIN
What’s happening? Florida is adopting a new Data Privacy law modeled after California’s data privacy law. The goal in Florida, like in California, is to put Floridians in control of their data privacy. It has bipartisan support in the Legislature.
Why is this important? Businesses that make money from selling consumer data. To bring business on board, the bill author removed the provision that allowed consumers to sue businesses.
How will this be important? Apple supports rights for your data, so you are in control of your data. Property rights advocates generally like it too. The supporters are diverse and that makes the issue interesting to watch.
Government Technology | Florida’s New Data Privacy Law Nets Bipartisan Support
What’s happening? New York engaged IBM to develop its 1st in the nation vaccine passport.
Why is this important? When we hear passport we think paper passport, and yet, we’d be wrong. The passport is a simple digital wallet that can be accessed on mobile devices, which holds three items: your name, a QR code and a green check mark.
How will this be important? The passport isn’t just for travel but could be used for entry to large events. And the dat his distributed (hello blockchain, we see you!) so the passports do not create a large database as the information is scattered.
Government Technology | Vaccine Passports: Here’s How Excelsior Pass Works
What’s happening? Hawaii is proposing a vaccine passport for entry.
Why is this important?The technology options for a vaccine passport are : CommonPass and CLEAR. The technology will take about 4 weeks to get up and running.
How will this be important? First Hawaii and then Texas says no. How says Florida?
Honolulu Star Advertiser | Hawaii’s Vaccine Passports Will Have to Wait Another Month
AP | Texas governor bans mandated COVID-19 ‘vaccine passports’
What’s happening? Some of the insurgents at the U.S. Capitol have been facing trials and pretrial conditions include prohibitions from accessing the internet.
Why is this important? It’s pretty new and novel for these types of crimes to prohibit access to the internet for the defendant. The courts are here to be truth police thereby addressing toxic disinformation.
How will this be important? IN 2017 the US Supreme Court struck a NC law that had an internet ban for convicted sex offenders. The Highest Court through out a protective order prohibiting internet access for a man.
Los Angeles Times via Governing | Judges Are Banning Capitol Rioters from the Internet
What’s happening? The stars are aligning. Innovations in technology point to blockchain impacting these aspects of sports management:
Why is this important? In the most basic sense, block chain takes information breaks it into different bundles and moves the information separately to come together when you access the information, which makes the whole of the information untouchable by others
How will this be important? Blockchain technology is being used for contracts regularly and is poised to keep growing in import.
BBN Times | 7 WAYS BLOCKCHAIN CAN TRANSFORM SPORTS MANAGEMENT
What’s happening? The FCC wants you to fill out this form and talk bout your access to broadband which will likely bring many colorful comments about internet service providers.
Why is this important? Cities and states are working on broadband improvements too, so look for more ways to complain about your ISP on government surveys.
How will this be important? The COVID relief bills include $7 Billion for the FCC to help schools and libraries with broadband access.
Route Fifty | The FCC Wants Your Feedback to Improve Broadband Access
What’s happening? Utah is considering HB 72 (2021 | UT) which will block porn in smart phones.
Why is this important? Last I checked in the US Supreme Court on pornography, the 1st Amendment covers it. So, what’s their goal? a porn filter requirement to protect minors. Because just like no kid ever snuck out of their house, no kid has ever figured out their way around parental controls…
How will this be important? the bill has a clause that says it will only be effective if 5 other states do it too. Yes, Legislative Peer Pressure has arrived in 2021. Check the fringes for using this tactic on other bills.
What’s happening? Since 2019, WI has been expending state funds to expand the state broadband network. The numbers:
Why is this important? States and cities are all looking to expand broadband access and there’s a lot of COVID funding available.
How will this be important? This ongoing project with ongoing funding is going to be an extended procurement opportunity
Wisconsin State Journal | PSC awards $28.4 million to expand high-speed internet in 39 counties
What’s happening? Oklahoma is considering HB 1759 (2021 | OK) that adds ransomware to prohibited computer related crimes
Why is this important? For enforcement purposes the question is whether your jurisdiction has laws that cover the kind of cyber crime which has led to states including ransomware in their cyber crimes statutes
How will this be important? The FBI has seen an increase in cybercrime reports of 400% since March 2020
The Oklahoman via Governing | Oklahoma Votes to Outlaw Ransomware as Threats Grow
What’s happening? Apple will follow the same rules its developers must to label apps with privacy labels.
Why is this important? It is said Apple doesn’t police the developer disclosures. And, perhaps we’ll get to that point within the private business or via regulatory or legislative means.
How will this be important? Data privacy on a big tech level from ad- sales to user policies is front and center for legislation and legal challenges. It’s not going anywhere.
What’s happening? HB7013 (2021 | FL) would allow Florida to prevent social media platforms from banning candidates for office. State and local governments would also be banned from doing business with any company in violation of anti-trust laws.
Why is this important? By this account there are many people banned from social media, and ride share that reside in Florida. I’m sticking to my neutral Swedish roots, and not going there.
How will this be important? Free Market types are regulating private businesses because they don’t like that the private businesses prohibit racism. What happens it the post signs, no shoes, no shirt no racism, no service? Would that work?
What’s happening? Just when you thought you understood bitcoin and cryptocurrency now it’s time to learn about NFTs, non-fungible tokens. NFTs, they are unique and they represent unique stuff like artwork or a video file or a text file or a JPEG or pretty much any digital thing that’s non-fungible. Then you set up a wallet and go trade your NFTs.
Why is this important? It is estimated that 1 NFT takes about 130 kilowatt hours to mint.
How will this be important? Some say as NFTS grow, there is an impact to the environment.
WBBM | Non-Fungible Tokens (NFTs): the basics, including environmental impact
What’s happening? A pilot program overseen by the Center for Infrastructure Assurance and Security at the University of Texas at San Antonio is here to help local governments be better prepared for hackers.
Why is this important? Local officials will be guided to identify high value assets to better prioritize improvements to information technology infrastructure. Local Governments will also be aided to identify if they have staff that is certified and trained when. hack occurs.
How will this be important? Creative financing of data security for local governments are being proposed that would allow local governments to pool resources to address data security. Could pooling resources help other technical issues as well?
Route Fifty | New Project Aims to Identify Local Government Assets at Risk of Cyberattack
What’s happening? Delaware has adopted a digital ID. With a state produced App, a person takes a photo of the front and back of a drivers license, and then of their face. The App is then unlocked by finger print or Face ID.
Why is this important? A digital ID allows a person to keep parts of their driver’s license hidden, such as your home address.
How will this be important? It is more secure, is easy to use and offers privacy controls. Delaware is one of the first states to adopt this new technology. IA, DE, OK, CO, MD, ID, WY were early adopters of this new technology. Let’s watch it spread.
Governing | Delaware Will Soon Launch Digital Driver License Option
What’s happening? Washington State is considering HB 1127 (2021 | WA) that would protect the COVID data that has been collected and assembled by a number of entities tracking the pandemic.
Why is this important? This is a big test for protecting health care data and public health. The bill would limit the use of the non-identified data for health uses only. The bill also exempts COVID related data from Open Records statutes.
How will this be important? There’s going to be another pandemic, and laying the groundwork on how health care data is used, collected and stored will be an ingoing question for policy makers.
Queen Anne and Magnolia News | Washington House passes bill to protect COVID-19 personal data
What’s happening? Utah is considering HB 80 (2021 | UT) that would create an affirmative defense for businesses that keep their data protection up to date. There is no liability protection if the company acts negligently.
Why is this important? Utah’s approach is different from OH that provided as long as businesses follow certain standards, then the business is protected from liability unless they acted grossly negligent.
How will this be important? Companies hold a lot of personal data information. Some Companies are calling for property rights in our data. Some Companies want greater access to out data.
Fox 13 | Utah lawmakers look to back data privacy, criminalize ‘catfishing’
What’s happening? FEMA is increasing the allocation of grants for cybersecurity funding from 5% to 7.5% + DHS is eyeing new grant programs, administered through the Cybersecurity and Infrastructure Security Agency, to support state and local government cybersecurity upgrades
Why is this important? Cybersecurity incidents on local governments and state governments have increased and continue to increase year over year.
How will this be important? Cybersecurity issues are not waning.
Route Fifty | Feds Up Share of FEMA Grants That Must Be Spent on Cybersecurity
What’s happening? The Florida Governor and legislative leaders are proposing a Transparency in Tech bill that would:
Why is this important? Supporters of data privacy say it is lipstick on a boar and that an Internet Bill of Rights is needed. It would:
The Right to Data and Content Ownership. All data generated by an individual is property of the individual and can be sold or exchanged at the discretion of the individual or the individual’s assigned agent.
The Right to Speedy Appeal of Account Removal. An account associated with an individual or business must have the ability to appeal suspensions to the platform and permanent bans in court.
Freedom of Speech Defined Under Constitutional or FCC Standards. Questions about limits go to FCC or courts and not private Facebook tribunals.
The Right to Content Integrity. No unauthorized changes or disclaimers placed around content unless permitted by law.
The Right to Sue For Damages Over Wrongful Demonetization. Business accounts wrongfully suspended or terminated can sue for damages in court.
Bounded Platform Penalties. A platform can only ban a user for actions taken on that platform. For example, Uber cannot ban a rider who says something bad on Facebook and Etsy can’t remove an account for something posted on Twitter.
How will this be important? Everyone is talking about this. Apple has a call for data privacy to be a right.
Florida Politics | Joe Clements: We need an internet ‘bill of rights’
What’s happening? Virginia legislators sent their Governor legislation that would require a local law enforcement agency to receive approval from the State Attorney General before being authorized to use facial recognition software. HB 2031 (2021 | VA)
Why is this important? The data repeatedly shows that facial recognition software misidentifies people who are Black, brown, and women.
How will this be important? Let’s boil this down to a post-COVID, post- Black Lives Matter world where paying attention to racial disparities in our actions, conscious or otherwise, is up for attention and review. Add in a pinch of law enforcement agencies using facial recognition without the knowledge of their mayors or city councils.
Virginian Pilot | Virginia Approves Limits on Police Use of Facial Recognition
What’s happening? Minnesota legislature is considering a measure that would require Apple and Google to keep apps in their stores. if created in MN and are also sold on other platforms.
Why is this important? AZ & GA are considering similar legislation “to level the playing field for developers and help them avoid sizable commissions collected by Apple and Google in their app stores.
How will this be important? Tech only recently became a player in legislative and regulatory action. It is only going to keep soaking up the attention of legislators. Also, the cause has an ally in the Koch-funded Americans For Prosperity.
Minneapolis Star Tribune | Minnesota Bill Attacks Apple and Google’s App Fees
What’s happening? SB 5116 (2021 | WA) would prohibit the use of AI by the state
Why is this important? Facial recognition software has been statistically shown to discriminate. Until we know whether an AI results in discrimination or unequal treatment, the policy goal is to keep the state out of AI
How will this be important? AI touches not only the idea that we’ll have human like robots ruling the world, AI also informs cars to keep in their lanes and autonomous driving, and has been used by law enforcement for policing.
Government Technology | Lawmaker Proposes to Ban AI and Its Discriminatory Impact
What’s happening? New Mexico HB 10 (2021 | NM) will expand broadband through a new state broadband office inside the State Department of Information Technology.
Why is this important? New Mexico sees an opening in that no state entity tracks investments or coordinates activities related to broadband between government agencies
How will this be important? Quality and accessibility of broadband has long been important to consumers but now we have a state agencies, because of COVID, wanting to ensure state residents have access to the internet and reliable service. It sounds dreamy- and enforcement mechanism for quality internet service.
Route Fifty | Lawmakers in One State Hope to Create a New Broadband Office
What’s happening? VA and UT tested voted by mobile phone and iPad during the November 2020 election. The voters included in this mobile voting pilot included military members stationed overseas and people with disabilities.
Why is this important? Some say the only secure elections are paper ballot elections.
How will this be important? A procurement opportunity for future election cycles.
What’s happening? Miami City commissioners are studying the use of bitcoin for salaries, city services and contracts.
Why is this important? More governmental entities are opening up to the concept of transacting business in bitcoin.
How will this be important? Bitcoin isn’t going anywhere anytime soon
Miami Herald | Miami Considers Using Bitcoin for Salaries, Other Payments
What’s happening? 18.5% of Iowa has access to internet. Expanding this has been the focus of Iowa Gov. Kim Reynolds. Her broadband access proposal includes $450 million in state funding combined with private sector funds and grant money made available through the Federal Communications Commission. HSB 133 (2021 | IA)
Why is this important? Broadband expansion proposal include a mix of funds and a private industry participation.
How will this be important? Every state and city is looking to expand interest access because of COVID. In Iowa the talk is to treat broadband access like a utility.
The Hawk Eye | Iowa Governor’s $450M Broadband Buildout Receives Support
CQ Roll Call. | Cyberattacks Surged in 2020, Mostly Hitting Health Care
What’s the deal? HB 80 (2021 | UT) creates an affirmative defense for businesses that follow national guidelines for data security and are hacked, potentially exposing sensitive personal data.
Why is this important? Affirmative Defenses, Liability protections are growing. OH started it back in 2019.
How will this be important? Those 2020 electoral maps were home to red, and those red states are apt to adopt liability protections for businesses when it comes to cyber security which is at the forefront of litigation.
What’s the deal? Washington State recently created the Office of Cybersecurity and now it’s beefing up its powers by adding the ability to create best practices for safely storing sensitive data by all state offices and agencies.
Why is this important? SB5432 (2021 | WA) will be the first major extension of power for this office. As the bill’s author characterizes his state, “Washington state has a ferocious addiction to decentralization.” Washington State is not alone.
How ill this be important? More and more states are creating standalone executive offices to specifically oversee cybersecurity. Other states can use these states as models and guides for how their state cybersecurity office will function.
What’s the deal? Michigan has released an app, Michigan Secure, which will alert users if their devices have suspicious activity.
Why should we care? The state is expressly not collecting data with the app.
How can this impact me? Its going to impact everyone. The App is the brainchild of Former Michigan Chief Security Officer Chris Derusha. Derusha left his post to be chief information security officer for Joe Biden’s presidential campaign in June 2020, and was recently named the CISO of the federal government
What’s the deal? Body cameras are the norm for law enforcement. California is paying for body cameras for corrections officers to gain transparency on the treatment of disabled prisoners. Its the result of a lawsuit alleging mistreatment of disabled prisoners.
Why should we care? Transparency. Everyone loves calling for it. For the state of California to supply body cameras and security cameras to corrections facilities, it carries a price tag of $30.5 million over the course of three fiscal years to pay for the installation of security and body cameras.
How can this impact me? Look for this California pilot project to be modeled elsewhere that the management of corrections facilities is at issue.
Sacramento Bee via Governing | California to Require Body Cams on Correctional Officers
What’s the deal? Hackers gained access to the city of Oldsmar, Florida’s water treatment system and increased the level of sodium hydroxide, also known as lye, by a factor of more than 100.
Why should we care? The process affirms the vulnerability of systems we rely on but also highlights the need for internal checks and balances. Oldsmar said monitors watched as the hackers manipulated the system and immediately returned it to normal levels. But, also highlighted other checks and balances that would have caught it before the water was released for consumption.
How can this impact me? We may as well include hackers in the new economy. Corporations and governmental enemies are including c-suite level leadership on data, information and security.
Tampa Bay Times via Governing | Hackers Attempt to Poison Florida City’s Water Supply
Star Tribune | Hack exposes vulnerability of cash-strapped US water plants
What’s the deal? tech companies are pushing for federal data protection standards. The states moved into this territory when the feds didn’t do anything. Remember California’s much touted Data Protection Bill. Well, states are still acting. Virginia has SB 1392 (2021 | VA) Much like California it gives the consumer more power to pull and protect their data. Viriginia’s draft is a lot like Washington state’s SB 6281 (2020 | WA)
Why should we care? Let’s face reality- even if the feds act, the states will keep at it too.
How can this impact me? Data protection and data security are top line messages. Just last week Tim Book took aim at Facebook’s lack thereof. Data security is also a new factor in procurement, and concern for clients and business.
What’s the deal? Connecting students to the internet for virtual learning, and let’s face it, learning when school is in person all the time. Every state is trying to fill gaps in internet access. Nevada brought together their COVID task force, a former each of the State Board of Education and private partners for Connecting Kids NV. They reached all 485,705 students and got them devices and internet connection.
Why should we care? Every state and city is trying to find a successful way to get full internet, broadband, coverage. The state with the Extraterrestrial Highway managed to pull this off successfully.
How can this impact me? The internet is the marketplace. Everyone and everything is connected.
What’s the deal? In the Arizona State of the State the Governor stressed keeping new economy work from home for state employees. That work from home could eliminate the need fro office space and free up state funds.
Why should we care? This is emblematic of the new economy. There will be an increased move to work more from home, or out of the traditional office. Less about how many hours you log and more about what you accomplish.
How does this impact me? Office Space Market Price. Glad handing online. This will change the landscape for commercial office space when the scarcity is removed from the economic equation. There are generations that are accustom to building personal relationships online. Opportunities are limitless.
What’s the deal? Florida Governor has a legislative proposal to fine companies that block elected officials from platforms. The Florida House Committee on Commerce wants to take it further and “imposes daily fines on a technology company that uses its content and user-related algorithms “to suppress or prioritize the content related to political candidates.”
Why should we care? These nascent issues will decide how tech laws will be written. If one state acts, others will follow. There hasn’t been any laws directing tech companies one way or another. Issues of first impression like this are often wrought with unintended consequences.
How does this impact me? Tech is changing government affairs and lobbying. Tech is spending more money in the arena and the visions are clear. Whether it is protect data privacy or protect integrity of elections, tech is going to be in the middle of everything. For those of us who are science and math loving nerds, this is the time when we do our happy dance.
Governing | DeSantis: Penalize Social Media That Blocks Politicians
What’s the deal? After Twitter blocked Donald Trump, proposals have emerged to prevent the blocking of elected officials. Florida Governor is now chiming in with a proposal that will impose a fine “if a technology company de-platforms a candidate for elected office in Florida during the election, a company will face a daily fine of $100,000 until the candidate’s access to the platform is restored again.””
Why should we care? Hypocrisy. Some time ago, consistency mattered. So did facts. But, it’s a new economy and we’re entering new territory. Do we pick the same old choice of disregarding facts and consistency? Do we care if we need to reconcile the notion that a private company should be able to deny customers for religious reasons, can a private company deny a person a social media platform for safety or other reasons?
How does this impact me? Representing an elected official in a cancel culture should wake us up. If your client is silenced, could your account could also be silenced? On the flip side, could your work entail negotiating terms to reinstate the account of your client.
Governing | DeSantis: Penalize Social Media That Blocks Politicians
What’s the deal? SB 475 (2021 | TX) by Nelson came from the Texas Privacy Protection Advisory Council. Its going to require consent before agencies retain data about you or your location & requires consent for bio markers and GPS.
Why should we care? Data Privacy legislation is the new big fight between federal law and state law. States are acting to protect their people.
Why does this matter to me? Everyone loves the Texas- California who is doing things better discussion. As the two states split tech company homes, they’re also taking 2 different approaches to data privacy.
Flower Mound Leader | Cybersecurity, data privacy among bills filed by Nelson
What’s the deal? The corporate lawyers are talking and they say cyber security and data privacy are the top legal challenges.
Why should we care? Large lawsuits also impact laws and regulations.
Why does this matter to me? Lawsuits aren’t isolated and can impact insurance rates, cost of goods and services, and generate legislative causes.
Reuters | Law department leaders rate cybersecurity, data privacy as top challenges
What’s the deal? Staten Island D.A. Office is using facial recognition software. Yeah, the same software that some cities and states are banning because it misidentifies people especially Black people and people of color.
Why should we care? This facial recognition software isn’t like the stuff that tech companies hit the pause button on, the version at the DA office uses images from social media plus You Tube and Venmo.
Why does this matter to me? Privacy rights supporters, lawyers, & tech companies are just a few paying attention. This isn’t going anywhere and it ties into data privacy legislation.
Staten Island Advance via Governing | Staten Island D.A. Uses Controversial Facial Recognition Tool
What’s the deal? COVID and the resulting work from home, telehealth & virtual schools exposed the gaps in internet access. Cities and states are working to expand access. CT Gov. has a plan for statewide access. CT’s Public Utilities Regulatory Authority would require ISPs to provide access to all residents where the ISP has a video license & make it easier to add broadband to utility poles.
Why should we care? Expanding access to broadband closes gaps that historically impact rural and minority households.
Why does this matter to me? Utilities and ISPs can benefit along with 3rd party interests that provide services like telehealth, virtual school platforms and work from home apps like Zoom.
Hartford Courant via Governing | Connecticut Governor Proposes Statewide Broadband by Fall 2022
State legislators in Illinois are making their list and checking it twice for the reasons why Illinois should permit residents to sue social media for censorship. On their lists:
Center Square | Regulating technology could get some attention in Illinois with new Legislature
Say you’re on social media. Say you think that social media company is censoring you. Can you sue?
Under a new HB1144 (2021 | ND) would allow a resident of North Dakota to sue an out of state tech company if the person is censored by the social media company.
Does the public support it? Yes, 54% say yes
What does the 54% support?
How do people feel about letting companies determine how they operate? 46% want companies to set their own rules
A bipartisan 65% say social media platforms “have too much influence over politics and society in the U.S.”
The Hill | Poll: Most Americans want legislation governing social media policies
What are prognosticators pointing to as signs for revival of federal data protection legislation?
Government Technology | What Does A Biden Presidency Mean for Privacy Policy?
Where: Massachusetts
What: Legislation gave vehicle owners greater access to vehicle data so that owners and independent mechanics to send commands to the vehicle for repair
How did voters receive the constitutional protection? 75% voted to support the protection
Can this help company and government fleets? Yes, it is seen as a move to open the App market to allow better monitoring and managing of fleet vehicles
AB 27 (2021 | NY ) would:
The proposition: EU start ups are thriving and those in the US are suffering.
Why is there an advantage to EU start ups? Better data privacy legislation in the EU
So what can the US/states do?
How should legislation be implemented?
Tech Crunch | Inadequate federal privacy regulations leave US startups lagging behind Europe
The Texas Blockchain Council is working to make a Blockchain Caucus a reality in Texas.
The Texas Blockchain Council showed Texas Secretary of State a blockchain technology to authenticate government records.
The legislative goals:
NTX Inno | Texas Blockchain Council unveils first proof of concept in push to make the state an industry hub
Hawaii Health Department has launched AlohaSafe Alert app.
What does AlohaSafe Alert app do?
What will count as exposure contact by an App user?
How many states are using a contact tracing app? Dozen including California, Washington, and the District of Columbia
Honolulu Star Advertiser via Governing | Hawaii Launches App to Slow Down Rise in COVID Cases
Data drives health care innovation, but do regulations and laws protect that data?
How did COVID drive awareness to health care data privacy? COVID highlighted that the collection, use, sharing and further processing of data can help limit the spread of the virus
Could blockchain help?
What government is considering a State Crypto Currency? Sweden
What are Swedish banker concerns?
ambcrypto | Bankers in Sweden express concerns over e-Krona digital currency project
Autonomous vehicles rely on large-scale data collection. From road ways, to traffic laws to average human behavior.
Do laws address the data that Autonomous vehicles need? Not so much
What should AV laws address?
Automotive World | Autonomous vehicle developments put focus on data compliance
The State: New York
How the facial recognition software ban came to be: AB 6787 (2020 | NY)
Is it a permanent ban? No, its a let’s wait until July 1, 2022 & let’s study it
What happens on July 1st 2022? The State Board of Education President upon reviewing a study of the software could approve its use
What about school shootings? The software is mostly ineffective as most shooters are students who would not trigger the software
Route Fifty | A State Becomes the First to Suspend Facial Recognition Technology in Schools
Not a day goes by that we don’t see a headline about hackers. COVID increased the importance of Chief Information Officers from hacking prevention to solid disease trackers. COVID highlighted a big problem in access to technology when working from home and school from home didn’t work when there was no broadband access.
Tech companies admitted that there are flaws in facial recognition software. Lots of cities and police departments said no, don’t want to be that person who gets the headline- we used facial recognition software and locked up an innocent 90 year old grandmother.
We learned an interesting tech tip- you can’t actually trace cryptocurrency transfers. But, states have allowed Bitcoin to pay taxes and permitted bitcoin campaign contributions. So, we’ll see how that goes…
Phoenix is partnering with schools, technology companies and other city agencies to close the digital divide.
The sequential goals Phoenix is establishing:
State Tech | How Cities Are Forging Partnerships to Close the Digital Divide
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