Policy Alert - 10.12.2021

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Hi all,I’m thrilled to join the team as Tech:NYC’s interim policy director. For those I haven’t had a chance to meet yet, I’m Ilana! For the last decade, I’ve worked in both New York government offices and on electoral campaigns. Most recently, I managed Mark Levine’s winning Manhattan Borough President primary election. I’d love to introduce myself properly and would love to grab coffee — virtually or outdoors! Below is an update on a few key Tech:NYC projects, our changing political landscape, as well as important information about New York City’s upcoming general election. 

Between the legislature in Albany being out of session, the city elections, and the continued attention on former Gov. Cuomo, little has moved in the past month on most of the legislative and regulatory issues directly impacting the tech community. Barring any surprises, we anticipate that will continue to be the case until the legislature reconvenes in January.

Privacy:

Potential privacy legislation continues to be a focus of legislators in Albany, and as such, we have maintained open lines of communication with relevant Senate and Assembly members.

• Of particular note, we joined a roundtable with Senator Kevin Thomas and Assembly Member Linda Rosenthal, where we discussed significant concerns about a potential private right of action, as well as the duty of care and duty of loyalty provisions in the current draft of the New York Privacy Act.

As you might remember, we have already sent recommended edits earlier this year to Senator Thomas that are under consideration. Tech:NYC is committed to ensuring that any legislation that passes in New York is consistent with other states and not overly burdensome in terms of compliance.

• While the New York Privacy Act will likely come back in 2022 in a form similar to 2021, it also remains unclear what type of legislation the Assembly will put forward and what position, if any, Gov. Hochul’s office will take. Either way, we expect privacy to be an issue that we hit the ground running with in January when the legislature is back in session.

Food Delivery and Data Disclosure

: We submitted an amicus brief in support of DoorDash’s lawsuit against the City’s new requirement for food delivery app companies to provide restaurants with excessive customer information. In a positive turn, as a result of the lawsuit, the City has agreed to pause enforcement of the mandate.

Antitrust:

The “21st Century Antitrust Act” authorizes Attorney General enforcement and a private right of action against a company abusing its market dominance, but it does not define market, market dominance, or how it is abused. Tech is the target of this legislation. As such, the majority of our efforts have been educating and helping activate a coalition of other industries in New York that would also be affected by the bill. This bill passed in the Senate in 2021 but not in the Assembly, and we expect a similar outcome in 2022.

Content Moderation:

Three bills introduced last session require social media platforms to conspicuously post their content moderation policies on their platforms and make it easier to report hate speech, campaign misinformation, and vaccine misinformation. These requirements violate Section 230 and one bill’s definition of “hate speech” has constitutional problems. Our goal is to stop these bills.

The Changing Political Landscape:

Two of the most important elected offices in the state are currently in transition.

Tech:NYC has great relationships with both our new governor, Kathy Hochul, and the presumptive incoming NYC mayor, Eric Adams.

• So far, we’ve seen positive signs from both camps that they will work closely with the tech industry and the business community more broadly as we look toward New York’s recovery. We’re optimistic that both administrations will be tech-forward and solid partners for our members. 

The City will have also have many new elected officials on the City Council and other local offices. We'll share updates on those officials and our next steps with them right after the general election. 

New York City’s General Election:

Voting begins in less than a month for NYC’s next Mayor, Comptroller, Public Advocate, Borough Presidents, City Council members, and more. Registered voters can cast ballots this year with absentee (mail in) ballots, early voting, and election day voting. Join us tomorrow!You all should have received an invitation to tomorrow’s breakfast with Eric Adams (10am at City Winery at Pier 57) in celebration of Google’s Black Founders Fund and its new cohort of NYC-based startups. It’ll be an opportunity to hear more about Eric Adams’ vision for New York’s startup ecosystem… and meet me! If you haven’t yet RSVP’d, please let me know if you plan on joining and we'll add you to the list.

If you have any questions, please do not hesitate to contact me directly at [email protected].