February 2020 Policy Updates

February Policy Updates

February 12, 2020 • Estimated Reading Time: 8 minutes

February Policy Updates

This month we’re experimenting with a new format for our policy updates. Let us know what you think, and if you have any suggestions for these updates going forward. We’ll aim to send these out once a month.

For some context: these updates go to the people assigned as policy contacts at Tech:NYC member companies (which obviously includes you!). If there’s anyone on your team that should also receive these updates, just let us know. And if there are any issues you’d like to engage on or learn more about, just reply to this email. 

What’s Happening in New York State

The 2020 legislative session kicked off last month and conversation has quickly become dominated by the recent bail reform measure. While this topic will take up a lot of the oxygen, the governor and legislature are still looking to address a host of issues from the environment to the state’s massive budget shortfall. In addition to these issues, there are a few tech policy issues being discussed at the state level.  

  1. Gig Economy & Worker Classification - The governor put forth a budget proposal that would establish a task force to study the issue of worker classification on digital marketplaces and make concrete legislative recommendations, and if the task force fails to make recommendations or if the recommendations are not advanced, the Department of Labor Commissioner will be granted authority to implement an employment test for digital marketplaces. There was a hearing on the proposal last week and it is unclear if it moves forward. Tech:NYC is a member of a coalition working on the issue and hoping to avoid a repeat of California’s AB5 debacle.  

  2. Consumer Data Privacy - There has been no movement on the New York Privacy Act this legislative session, however, we do expect amendments or new privacy legislation to be introduced sometime in the next several months.  

  3. Data Tax - A bill that would establish a 5% tax on gross revenues of companies that make money from the data of New York State residents was introduced in the Assembly. The bill was previously introduced in the Senate. To put it briefly, this is a bad bill and we don’t expect it to advance. 

  4. Electric Bikes and Scooters -  The governor’s budget proposal contains a provision that would  legalize electric bikes and scooters. The measure is likely to pass through the legislature, and then cities can advance their own regulations. 

  5. Net Neutrality - The governor proposed a net neutrality measure in the budget. The proposal aims to prevent blocking, throttling and paid prioritization of online content. While Tech:NYC supports net neutrality (duh!), we really wish there was a national solution.

  6. Automatic Renewal - A bill that would establish certain requirements for businesses making automatic renewal offers to consumers in NYS began moving in the Senate. The legislation is very similar to the California law. The bill did pass through the NY Senate last session, but not in the Assembly.

What's Happening in New York City

Last week Mayor de Blasio delivered his State of the City address, which was focused on ‘saving the city from the forces of greed.’ The address included a few proposals to help small businesses and working New Yorkers, but nothing too remarkable. The City Council has increasingly been driving policy conversations in NYC and that is likely to continue until the mayor’s term ends in two years. 

  1. Drones - In January the City Council held a hearing on building facade inspections and legislation to require the city’s Department of Buildings to study uses of drones for inspections. Due to an outdated law from 1948, drone usage remains illegal in NYC. Tech:NYC testified at the hearing in support of the legislation and called on the city to rework the city’s whole regulatory framework for drones.

  2. Digital Inclusion Legislation - Last month the City’s Public Advocate introduced legislation at the Council that would require each government agency to appoint a digital inclusion officer responsible for ensuring the agency’s digital content is accessible. We’re still reviewing the legislation, but generally, this effort seems like smart policy. 

  3. Algorithmic Transparency Hearing -  The City Council held a hearing on legislation requiring city agencies to provide information to the Mayor’s Office of Operations on every automated/algorithmic system they utilize. The legislation does not address disagreement around the definition of automated/algorithmic system and the bill’s definition remains broad. Further, the de Blasio administration has already committed to establishing an advisory group on the issue and to building out oversight functionality within the Mayor's Office of Operations. The de Blasio administration opposes the bill and it is very unlikely to move forward.

Interesting Things We’ve Read (And You Might Be Interested in Reading Too)

  • Ed Felton, member of the US PCLOB, had a good take on the whole Iowa app mishap and election security.  

  • Kash Hill put out a good piece on one of the major issues with CCPA (who could've guessed...) 

  • Gina Bellafante penned a fairly cynical take of the on-demand economy. The lede holds out for a time when we all gathered together in Starbucks...what? 

  • An interesting look at how the NYPD is doing away with handwritten memo books and going digital. 

  • In the regulatory ruling heard around the world, New York State eliminated broker fees for renters. While I (and many New Yorkers) rejoiced, it does demonstrate how quickly the ground has shifted on the real estate industry. 

Places We Ate (And Recommend!)

In case you don’t know me, I like food. In an act of benevolence (self-indulgence?), I figured I’d share some spots: 

  • I’m a vegetarian (see how quickly that came out) and I eat a ton of veggie burgers. I recently had one of my favorite ever at Lekka, a new spot by City Hall. 

  • Lamalo is a newish Middle Eastern spot in the Arlo hotel serving crazy good bread and dips. They have an awesome lunch special and at night, serve all you can eat dips! 

  • Head to BK Jani for some incredibly spicy and tasty Pakastiani food. 

  • We stopped by Taste of Persia for some amazing Persian noodle soup on it’s last day open. They have closed due to increasing rent, and there is now some controversy surrounding their previous location (chronicled in the NYTimes). Hopefully they reopen soon!

If you have any questions about an update and/or would like to engage on these issues, email Tech:NYC's Policy Director Zach Hecht.