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Illustration: Aïda Amer/Axios

States across the U.S., unwilling to wait for the slower gears of the federal government to turn, are moving aggressively to regulate the tech industry.

Why it matters: States famously serve as "laboratories of democracy," testing out innovative laws that other states or the federal government can adopt. But their experiments can sometimes be half-baked or have unintended consequences, and their regulations can run afoul of the courts.

Driving the news: Maryland's House of Delegates is expected Thursday to override Gov. Larry Hogan's veto of a tax of up to 10% on digital advertising. The state Senate is expected to do the same Friday. Democrats control both chambers, while Hogan is a Republican.

  • The measure, which would be first of its kind in the country and resembles similar taxes passed in the European Union, would tax revenue that large tech companies generate from showing online ads to Maryland residents. Money raised from the tax would help bridge budget gaps, largely going to public schools.
  • The tech industry and business community widely oppose the tax, which they contend would be impossible to implement and would violate the Constitution by impeding interstate commerce.

The big picture: The Maryland measure is only the latest in a growing list of state proposals at various stages of development that could have enormous financial and operational impacts on the tech industry.

  • States have a range of motivations: to raise revenue from a wealthy target, to protect citizens in areas where federal legislation has stalled out, or simply to whack Big Tech.
  • The states are acting at a moment when, despite lots of talk in Washington about changing the ground rules for tech, federal lawmakers are preoccupied with impeachment and COVID-19 relief.

What's happening: In Virginia, a digital privacy bill that's supported by some tech trade groups and companies like IBM is set to pass and be signed into law. It would make Virginia the second state to pass a major data privacy bill, after California's 2018 law.

  • In North Dakota, GOP lawmakers just introduced a privacy law that would fine any company that sells someone's data without that person's express consent.
  • Republicans in Nebraska and Florida have floated bills that would fine social media companies for kicking people off their platforms. Critics say such proposals would violate social networks' First Amendment rights.
  • In dozens of other states, lawmakers are considering bills around topics including cybersecurity, digital advertising, privacy, facial recognition, broadband expansion, contact tracing and artificial intelligence.

What they're saying: "States can propose very serious legislative threats without hearings or notice, and move in a couple of days," Dan Jaffe, vice president of government relations at the Association of National Advertisers, told Axios.

  • "We're fighting on multiple fronts. If a number of these bills pass, it will be dramatically more difficult to do business on the internet and mobile."

Our thought bubble: Growing partisan polarization at the state level guarantees the introduction and potential passage of more party-line tech bills that wouldn't stand a chance of moving forward in the more narrowly divided federal government.

  • It's likely, for instance, that we'll see more proposals out of red states aimed at punishing tech for perceived censorship of conservatives, while blue states may follow Maryland's lead on digital taxes, among other tech priorities.

Issues with greater bipartisan overlap, such as privacy, may see broader buy-in.

  • Already, Washington , Utah, Oklahoma and New York are considering data privacy bills of their own. The industry wants a single federal law to comply with instead, but that goal remains elusive.

What's next: Companies and trade groups will bring lawsuits against any new state law they dislike if it offers any opportunity for constitutional challenge.

Go deeper

Dozens of states see new voter suppression proposals

Illustration: Aïda Amer/Axios

There are at least 165 proposals under consideration in 33 states so far this year to restrict future voting access by limiting mail-in ballots, implementing new voter ID requirements and slashing registration options.

Driving the news: As former President Donald Trump's impeachment trial begins over his role in the deadly Jan. 6 insurrection that sought to overturn President Biden's victory — fueled by baseless allegations of voter fraud — lawmakers in states with GOP majorities are pushing new ballot obstacles based on similar baseless allegations.

Mike Allen, author of AM
4 hours ago - Politics & Policy

Biden adviser Cedric Richmond sees first-term progress on reparations

Illustration: "Axios on HBO"

White House senior adviser Cedric Richmond told "Axios on HBO" that it's "doable" for President Biden to make first-term progress on breaking down barriers for people of color, while Congress studies reparations for slavery.

Why it matters: Biden said on the campaign trail that he supports creation of a commission to study and develop proposals for reparations — direct payments for African-Americans.

Cyber CEO: Next war will hit regular Americans online

Any future real-world conflict between the United States and an adversary like China or Russia will have direct impacts on regular Americans because of the risk of cyber attack, Kevin Mandia, CEO of cybersecurity company FireEye, tells "Axios on HBO."

What they're saying: "The next conflict where the gloves come off in cyber, the American citizen will be dragged into it, whether they want to be or not. Period."