Perhaps a bright spot in the darkness that is 2020, technology countered many of the challenges brought on by the pandemic. Millions of workers traded their downtown offices for their home offices due to mandatory lockdowns. Schools moved to a virtual space, businesses initiated online ordering options, and doctors provided medical services through telemedicine. None of this would have been possible without the significant advancements in tech innovation over the past few years.
Technology—and tech policy in particular—is more important than ever. In fact, almost every policy issue now involves technology in some way. State policymakers realize this and want guidance on how they can protect constitutional rights while also creating an environment that doesn’t hinder innovation. State think tanks are in a unique position to help state lawmakers advance effective tech policies that improve the lives of the people of their state.
State Policy Network’s Todd Davidson sat down with three technology experts to discuss 10 policies state think tanks can advance in upcoming legislative sessions.
Meet the experts:
- Taylor Barkley, Program Officer for Technology and Innovation at Stand Together and the Charles Koch Institute
- Christopher Koopman, Executive Director, Center for Growth and Opportunity at Utah State University
- Eric Peterson, Director of Policy at the Pelican Institute
Watch the recording here.
1. Protect digital free speech through anti-SLAPP laws
Passing or improving existing anti-strategic lawsuits against public participation (SLAPP) laws will protect people from frivolous lawsuits that chill speech. These laws increase public participation by allowing judges to dismiss meritless lawsuits designed to silence people for their speech early in litigation.
- New anti-SLAPP law in Tennessee protects woman from frivolous lawsuit.
- The Public Participation Project features an overview of SLAPP suits, a map of anti-SLAPP laws, and new stories about SLAPPs.
- The Uniform Law Commission’s model language on anti-SLAPP.
- Ideal state policies: Texas, Colorado, and Tennessee.
2. Protect personal data from warrantless surveillance
Government surveillance without a warrant, particularly of personal data stored on corporate servers or personal cell phones, need to be curbed via changes in law. With the exception of cell site location information, state law enforcement can access an individual’s email and other data without a warrant. States need to update their warrant requirements to recognize the privacy interests individuals now hold in their data.
- Utah features a law that protects this data.
- Ideal state policies: Utah, Texas, and New Mexico.
3. Promote access of telehealth services
Telehealth services promote accessibility to healthcare for everyone, particularly underserved and rural populations, but are often stymied by outdated rules or rules crafted by incumbent healthcare providers. Also, regulatory barriers can limit the legitimate use of technologies (e.g. electronic health records, genetic testing) that empower consumers to make choices about their healthcare.
- Ohio rolled back telehealth regulations to combat COVID-19 and are considering making them permanent.
- Federal and state governments, COVID-19, and streamlining telehealth.
- Progressive Policy Institute and Americans For Prosperity: What Telehealth reforms should remain permanent?
- Ideal state policies: Florida (HB 23) and Arizona (passed through executive order).
4. Lower barriers to autonomous vehicle and drone technologies
States have an opportunity to lead and compete on transportation technologies by crafting laws friendly to innovation without sacrificing safety. Autonomous vehicles and drone regulations should encompass both principles.
- Which states are prepared for the drone industry?
- How states can promote safe autonomous vehicle use.
- Ideal state policies: North Dakota and Arkansas.
5. Enhance broadband deployment
Broadband access and investment should be led by private providers with states streamlining rules for deployment and not the provision of government-funded services. States should cut red tape preventing 5G and broadband deployment, pass Over-the-Air-Reception Devices (OTARD) reform, reduce satellite placement fees, incentivize “dig once” streamlining, and utilize public-private partnerships that focus on conduits and other dumb network elements (a dumb network is one that performs minimal processing to support running activities).
- State think tank coalition letter on connectivity principles.
- Recommended broadband policies for Pennsylvania.
6. Protect consumer privacy
Data and privacy regulation policies on the state level by their nature attempt to regulate interstate commerce beyond a state’s borders. These policies would make internet and digital services less accessible. Instead, policies should reiterate that states cannot dictate the data regulations of other states without violating the Dormant Commerce Clause.
7. Promote online free speech
Policies to regulate social media companies at the state level face interstate commerce issues. Also, efforts meant to impose political neutrality or other content moderation standards would inherently result in government action and less speech.
8. Promote the sharing economy
Sharing economy services like ride-sharing, meal delivery, or other tailored services are often fought by incumbent industries or blocked by outdated laws. Policies should be technology neutral and allow innovative services like these to emerge and compete in the marketplace.
- “Let innovation happen in Mississippi. Don’t kill sharing economy with regulations.”
- Principles on emerging technologies for state lawmakers.
- Ideal state policy: Nebraska.
9. Adopt regulatory sandboxes
Regulatory sandboxes allow industries to test innovative products without the burden of unnecessary regulations and under the supervision of state agencies. Their benefit is twofold: they allow industries to create new products and allow state agencies to determine which regulations are necessary and which ones are not in a controlled environment.
- Regulatory sandboxes in Utah and policy research.
- Ideal state policy: Utah and Arizona (the latter only by executive order).
10. Limit facial recognition by the government
Facial recognition technology deployed by the government should be treated differently than when it is deployed by private or commercial entities. There should be policies to ensure that local and state law enforcement have strict limitations on when they can use facial recognition along with policies and educational efforts to promote commercial adoption and deployment.
