California 2023-2024 Regular Session

California Assembly Bill AB1336

Introduced
2/16/23  
Introduced
2/16/23  
Refer
3/23/23  
Refer
3/23/23  
Report Pass
3/23/23  
Report Pass
3/23/23  
Refer
3/27/23  
Refer
3/27/23  
Refer
3/27/23  
Report Pass
1/3/24  
Refer
1/4/24  
Refer
1/4/24  
Failed
2/1/24  

Caption

Nonfungible token marketplaces.

Impact

The bill's impact extends to various aspects of security and responsibility in transactions involving NFTs. NFT marketplaces will be required to develop a comprehensive information security program to safeguard user data against cyber threats. Furthermore, users must be informed of potential risks associated with NFTs, including irrevocability of transfers and liability for unauthorized transactions. This initiative aligns with a broader trend towards consumer protection in digital asset markets, which have historically faced criticism for their lack of regulatory oversight.

Summary

Assembly Bill No. 1336 addresses regulatory measures concerning nonfungible token (NFT) marketplaces in California. The bill proposes requirements for these marketplaces to disclose terms and conditions when users contract with them. This includes ensuring that the disclosures are sincere, straightforward, and devoid of any misleading information. By mandating that the terms be presented in a format understandable to an average user, the legislation aims to enhance transparency in NFT transactions and bolster confidence among users navigating the complexities of digital assets.

Sentiment

Sentiment surrounding AB 1336 appears to be generally supportive, particularly among advocates for consumer rights and digital safety. Proponents argue that the bill represents a crucial step in providing necessary protections for users engaging in NFT transactions. However, skepticism remains among those concerned about over-regulation that might stifle innovation within the rapidly evolving blockchain space. The need for a balance between consumer protection and fostering an open marketplace continues to be a point of discussion among stakeholders.

Contention

While the bill is poised to benefit consumers, there are contentious points that remain under consideration. The most significant is the provision that disallows the creation of a private right of action, which some critics argue limits users' ability to seek redress for grievances. Additionally, there are concerns that the comprehensive security requirements could impose burdensome compliance costs on small NFT marketplaces, potentially limiting competition in the sector. The ongoing dialogue surrounding these issues indicates that while there is a push for regulation, the implementation must be handled with care to avoid unintended consequences.

Companion Bills

No companion bills found.

Similar Bills

CA SB301

Marketplaces: online marketplaces.

CA SB1144

Marketplaces: online marketplaces.

VA SB341

Consumer protection; online marketplace, high-volume third-party sellers.

LA SB442

Provides relative to certain third-party sellers on the online marketplace. (1/1/23)

AR SB329

To Create The Online Marketplace Guarantees Act.

CT SB00257

An Act Concerning High Volume Third-party Sellers On Online Marketplaces.

NH HB1662

Relative to the privacy obligations of the department of health and human services, an appropriation for housing expenses for homeless people and parameters thereof, electronic wage payments, and requiring online marketplaces to disclose certain information to consumers.

CO HB1099

Online Marketplaces And Third-party Sellers