STATE OF NEW YORK ________________________________________________________________________ 8780 2017-2018 Regular Sessions IN ASSEMBLY November 27, 2017 ___________ Introduced by M. of A. VANEL -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state technology law, in relation to blockchain technology and smart contracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 302 of the state technology law is amended by 2 adding two new subdivisions 6 and 7 to read as follows: 3 6. "Blockchain technology" shall mean distributed ledger technology 4 that uses a distributed, decentralized, shared and replicated ledger, 5 which may be public or private, permissioned or permissionless, or driv- 6 en by tokenized crypto economics or tokenless. The data on the ledger is 7 protected with cryptography, is immutable and auditable and provides an 8 uncensored truth. 9 7. "Smart contract" shall mean an event-driven program that runs on a 10 distributed, decentralized, shared and replicated ledger and that can 11 take custody over and instruct transfer of assets on that ledger. 12 § 2. The state technology law is amended by adding a new section 310 13 to read as follows: 14 § 310. Signatures and records secured through blockchain technology 15 and smart contracts. 1. A signature that is secured through blockchain 16 technology is considered to be in an electronic form and to be an elec- 17 tronic signature. 18 2. A record or contract that is secured through blockchain technology 19 is considered to be in an electronic form and to be an electronic 20 record. 21 3. Smart contracts may exist in commerce. A contract relating to a 22 transaction may not be denied legal effect, validity or enforceability 23 solely because that contract contains a smart contract term. 24 4. Notwithstanding any other law, rule or regulation to the contrary, 25 a person that, in or affecting interstate or foreign commerce, uses EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13679-01-7A. 8780 2 1 blockchain technology to secure information that the person owns or has 2 the right to use retains the same rights of ownership or use with 3 respect to that information as before the person secured the information 4 using blockchain technology. This subdivision does not apply to the use 5 of blockchain technology to secure information in connection with a 6 transaction to the extent that the terms of the transaction expressly 7 provide for the transfer of rights of ownership or use with respect to 8 that information. 9 § 3. This act shall take effect immediately.