Tech Policy Storylines to Watch in 2022
The Democrats’ trifecta victory in 2020 marked a significant change in the way Washington views tech policy. The Biden administration has signaled consistently that they’re looking to get more involved in tech policy than their predecessors, whether through regulations or reworking previous legislation. The administration is populated with officials who are knowledgeable and opinionated on issues like consumer privacy, cryptocurrency and antitrust and as the Democrats fight to enact their policies, we are likely to see at least some major changes in 2022 — here’s what to watch for.
Everybody in Washington agrees that Section 230 of the Communications Decency Act is a problem. Enacted in 1996, the policy protects internet platforms from liability for third parties content. Section 230 was a hot button during the 2016 and 2020 elections, when misinformation ran rampant on social media. Republicans believe Section 230 gives tech companies cover to censor their content on social media; Democrats say the law gives tech companies too much immunity for content posted on their platforms. Donald Trump has been a vocal opponent of the law, framing it as a general boogeyman. Given that he still carries the banner of the GOP, Republican lawmakers hoping to get his support are likely to attack the policy. As a candidate for the presidency, Biden said he would revoke Section 230, but his Justice Department is now defending the constitutionality of the statute in Trump’s lawsuit against Meta.
Facebook’s Overseas Acquisition of Giphy
Meta faces a difficult battle overseas (and one that may set a tone in the States) after the UK’s antitrust regulatory agency blocked their $315 million acquisition of Giphy. It was a major step in the ongoing tech antitrust battle; Facebook will begin 2022 by challenging the ruling. But with the agency making such a substantial move, it’s unlikely they’ll back down. Federal Trade Commission Chairwoman Lina Khan, a known antitrust advocate, is sure to be watching how Facebook and the Europeans battle it out.
DMCA Section 1201
Section 1201 of the Digital Millennium Copyright Act has become a hot issue in tech policy over the past few years as iPhones became the standard communication and Apple’s lawyers have proven themselves tenacious on copyright issues. Section 1201 deals with right-to-repair issues—that is, the right of consumers to fix their own hardware or to take it to third-party repair shops. The Biden administration has come out on the side of the right-to-repair movement and in a 2021 executive order, he encouraged the FTC “to issue rules against anticompetitive restrictions on using independent repair shops or doing DIY repairs of your own devices and equipment.” Section 1201 is updated every three years, and new exemptions to the law were issued in 2021, meaning they are likely to be tested in court in 2022.
ISPs and Title II
When Federal Communications Commission Chairman Ajit Pai repealed the Open Internet Order in 2017, it meant removing Internet Service Providers from their classification under Title II of the Internet Communications Act. Pai’s move took away the regulatory powers the FCC previously had over ISPs, meaning that the job of overseeing regulation has fallen to the FTC, which is a law enforcement agency rather than a regulatory one. But the Biden Administration has been critical of how ISPs have operated and monetized the data they get from consumers and Federal Communications Commission Chair Jessica Rosenworcel has previously supported reclassifying ISPs under Title II. In an October report, the FTC blasted ISPs, saying they collect troves of data, surveil users and “place consumers into sensitive categories such as by race and sexual orientation; and share real-time location data with third-parties.” Restoring the FCC’s regulatory powers over ISPs is a top priority for a number of Democrats, including Sens. Elizabeth Warren and Ed Markey and we can look for that conversation to continue in 2022, especially with FTC Chairwoman Lina Kahn remaining vocal on the issue.
A New Look at the Office of Technology Assessment?
Washington is slowly beginning to talk about restoring the Office of Technology Assessment, the nonpartisan congressional agency that for two decades informed members of Congress on tech and science issues (until then-House Speaker Newt Gingrich abolished the OTA in 1995). The Brookings Institution, an influential and left-leaning D.C. think tank has come out in favor of restoring the Office of Technology Assessment. This is likely to be a Democratic priority, a The duties of the OTA have been taken up by the Government Accountability Office, but critics say the GOA is woefully equipped to examine critical issues like AI ethics.
SEC & Crypto
Cryptocurrency has boomed in an unregulated market over the past decade but that era may soon be coming to an end. SEC Chairman Gary Gensler has been vocal about his desire to have crypto regulated at the SEC, though Republicans have pushed back upon those ideas. When Biden signed the infrastructure bill into law, it included a provision that would tax cryptocurrencies, but that language was broad and upset many in the crypto space. The SEC hasn’t put a timeline on when they might try to strap regulations on cryptocurrencies, but in December the agency charged Ripple Labs with selling $1.3 billion in unregistered securities. The procession of that case in 2022 will tell us a lot about the SEC’s power in the industry. The appetite for crypto regulation stretches across the Biden Administration — in November, the Treasury Department published a report on stablecoins which quoted Treasury Secretary Janet Yellen as saying “the absence of appropriate oversight presents risks to users and the broader system.”
California Privacy Law
The California Consumer Privacy Act is viewed as one of the most important pieces of tech-related legislation in the United States. In 2020, the ballot proposition created the California Privacy Protection Agency, which will not begin enforcement activities until 2023. The agency is headed by Ashkan Soltani, who has a long pedigree and has worked on federal investigations into multiple big tech companies. His agency will enforce the California Consumer Privacy Act, which gives users more control over their data — consumers will be able to know who is collecting their data and how it is being shared. The Act also limits the usage of sensitive personal information like race and sexual orientation. The CCPA is aimed at large industries — those with a gross annual revenue of over $25 million and sell consumers’ information. In 2022, the bill may be amended again. But more interesting is how other states aim to copy California’s law which might hint at some federal statutes in the distant future. And some states, like Nevada, have brought on similar legislation. Look for more of those bills to pop up in statehouses next year.
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The age of the creator is upon us.
After years of gaining momentum, the creator economy has gone mainstream. Payment processing platform Stripe estimates the number of individuals who now see themselves as full-time “creators”—those who use online tools to sell digital content—grew 48% in 2021, while earnings across the industry are expected to soon eclipse $10 billion.
Major brands have taken notice, as influencers can garner loyal social media followings that outpace those of many Hollywood celebrities. Meanwhile, some top-tier influencers now make more than S&P 500 CEOs. As more Gen Z creators enter the workforce—looking for opportunities beyond traditional models—the industry is poised to grow at a breakneck pace. We talked with Famous Birthdays founder Evan Britton, whose platform tracks and measures the industry, as well as several emerging influencers about what to watch for over the coming year.
1. Gaming Influencers Grow
There is more gaming content now than ever. According to TwitchTracker, which catalogs streamers, 2021 was the most popular year ever for Twitch, which averaged more than 3.1 million daily viewers at its peak in May 2021. January 2022's numbers (2.9 million) are not far behind.
“Twitch streamers have highly engaged fans,” said Britton. He pointed to Twitter as an example of a platform where many brands and personalities find it “hard to get engagement,” yet where many streamers routinely manage to draw “thousands of likes and comments.”
“Their fans are so engaged with them because they’re watching them for hours on end,” he added. “They just want more content.”
Even though demand for gaming content is up, expect gaming creators to become more strategic about repurposing content in 2022.
“As a streamer, one of the biggest things right now is finding ways to continue to grow while being efficient,” said gamer and Twitch streamer Nick Bartels. In the past, influencers in the gaming world would commit many hours to livestreaming their adventures—but when the game was over, traditionally, so was the stream, and few did anything with the resulting content.
Expect to see creators looking for ways to funnel growth into platforms even when they aren’t streaming. Bartels said he’s looking to work with an editor who can repurpose much of the live content he creates.
“One of the bigger concerns is burnout over air time,” said Bartels. “It’s part of the grind initially, but the last thing you’re going to want to do after you stream is edit. You want to have some life balance.”
TinaKitten/ Famous Birthdays
2. The Blockchain Provides a New Source of Income and Experimentation
In years past, influencers relied largely on advertising dollars to monetize their massive audiences and provide them with an income. More recently, however, the blockchain—including cryptocurrency and NFTs— have stepped in, providing a new way to create community while growing revenue.
“The growth of cryptocurrency followed by the explosion of NFTs was a big trend in 2021 that will continue into 2022,” said Britton. “Last year, creators sold digital art and communities sold limited edition collectables offering unique access and clout. This year, offerings will become even more creative.”
Britton said one driver of this trend is entertainment and engagement. NFTs, or non-fungible tokens, provide a way for influencers to reward their most engaged users, as well as a way for audiences to literally invest in the creators they love. “I think it’s a fun way for people to get involved and be part of a community,” he noted. As creators build engaged communities of their own, NFTs could provide additional methods for them to monetize.
But there has been a dark side to influencers’ interest in crypto. Earlier this month, Kim Kardashian and Floyd Mayweather were among a number of influencers accused of taking part in an online pump-and-dump crypto scam. TikTok has since banned promotional content related to financial services, including cryptocurrency, by adding them to its list of “globally prohibited industries.”
While it remains to be seen just how effective NFTs will be as an investment tool, expect interest in the space to continue to grow.
Spencers/ Famous Birthdays
3. More Fun with Food
Food has emerged as a growing subset of the influencer economy, and several new platforms launched in 2021 looking to seize on that growing interest. Restaurants large and small have taken notice.
“One huge tailwind on TikTok has been creators offering up their unique recipes and fun takes on food,” said Britton, who expects this trend to build throughout 2022. “TikTok is about fun, short videos. Everybody loves food and a lot of people like making food. It just has a lot of natural product-market fit with TikTok.”
Videos showing food can be instrumental in convincing consumers to try new restaurants or menu items. In a survey by restaurant marketing firm MGH, 36% of TikTok users said they have visited or ordered food from a restaurant after seeing a TikTok video featuring that establishment.
Influencer Cassie Sharp found success in 2021 by creating bite-sized content around food challenges, like her popular “five random ingredients” challenge.
“I’m trying to find new challenges that garner similar engagement, and take short-form videos and turn them into long-form content so that I can take some of those views on my shorts and apply them on my long-form videos,” she said, highlighting a trend common among creators in all verticals: repurposing content.
“The greatest thing about short-form content is you can throw it out there and see what catches,” Sharp added. “If I get an audience for a specific short-form video, when I start making long-form videos people are already comfortable with it.”
Her biggest takeaway so far: Clear bowls are essential for creating engaging food videos. “It’s just more interesting to watch the butter and brown sugar melt together,” she said.
Lisa Nguyen/ Famous Birthdays
4. Social Shopping Upends Ecommerce
The pandemic helped cement ecommerce’s rapidly growing advantage over brick-and-mortar shopping. As more influencers take to livestreaming platforms, expect the nature of online shopping to change.
“Facebook, Instagram and TikTok each facilitate live-shopping and YouTube launched livestreams to promote shopping ahead of the 2021 holiday season,” noted Britton, who added that he expects live-shopping to become increasingly popular in 2022. “It took a while to get here, but it’s growing.”
Gen Z is certainly keen to buy in real time. Survey results from the 2022 Instagram Trend Report show 27% of users aged 13 to 24 shop directly on social media.
Instagram’s native affiliate tool is just one example of this trend in action. The platform began testing the tool in 2021, incentivizing creators to include shoppable content not just in their feeds but also in their Instagram Stories and livestreams.
Nathaly Cuevas/ Famous Birthdays
Correction: An earlier version of this story misspelled Nick Bartels' last name.
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Though Silicon Valley is still very much the capital of venture capital, Los Angeles is home to plenty of VCs who have made their mark – investing in successful startups early and reaping colossal returns for their limited partners.
Who stands out? We thought there may be no better judge than their peers, so we asked 28 of L.A.'s top VCs who impresses them the most.
The list includes many familiar names. Dana Settle, founding partner of Greycroft, and Mark Mullen, founding partner of Bonfire Ventures, garnered the most votes.
Settle manages West Coast operations for Greycroft, a New York firm with $1.8 billion in assets under management. She is one of only nine of the top 100 VCs nationally who are women, according to CB Insights.
Mullen is a founding partner of Bonfire Ventures, which closed a $100 million second fund in September to continue funding seed stage business-to-business (B2B) software startups. Mullen has also been an angel investor and is an LP in other funds focusing on other sectors, including MaC VC and BAM Ventures.
Below is the list of the top ranked investors by how many votes each received from their peers. When there was a tie, they appear in alphabetical order according to their last name:
Mark Mullen, Bonfire Ventures
Mark Mullen is a founding partner of Bonfire Ventures. He is also founder and the largest investor in Mull Capital and Double M Partners, LP I and II. A common theme in these funds is a focus on business-to-business media and communications infrastructures.
In the past, Mullen has served as the chief operating officer at the city of Los Angeles' Economic Office and a senior advisor to former Mayor Villaraigosa, overseeing several of the city's assets including Los Angeles International Airport and the Los Angeles Convention Center. Prior to that, he was a partner at Daniels & Associates, a senior banker when the firm sold to RBC Capital Markets in 2007.
Dana Settle, Greycroft
Dana Settle is a founding partner of Greycroft, heading the West Coast office in Los Angeles. She currently manages the firm's stakes in Anine Bing, AppAnnie, Bird, Clique, Comparably, Goop, Happiest Baby, Seed, Thrive Market, Versed and WideOrbit, and is known for backing female-founded companies.
"The real change takes place when female founders build bigger, independent companies, like Stitchfix, TheRealReal," she said this time last year in an interview with Business Insider. "They're creating more wealth across their cap tables and the cap tables tend to be more diverse, so that gives more people opportunity to become an angel investor." Prior to founding Greycroft, she was a venture capitalist and startup advisor in the Bay Area.
Erik Rannala, Mucker Capital
Erik Rannala is a founding partner at Mucker Capital, which he created with William Hsu in 2011. Before founding Mucker, Rannala was vice president of global product strategy and development at TripAdvisor and a group manager at eBay, overseeing its premium features business.
"As an investor, I root for startups. It pains me to see great teams and ideas collapse under the pressure that sometimes follows fundraising. If you've raised money and you're not sure what comes next, that's fine – I don't always know either," Rannala wrote in a blog post for Mucker.
Mucker has a portfolio of 61 companies, including Los Angeles-based Honey and Santa Monica-based HMBradley.
William Hsu, Mucker Capital
William Hsu is a founding partner at the Santa Monica-based fund Mucker Capital. He started his career as a founder, creating BuildPoint, a provider of workflow management solutions for the commercial construction industry not long after graduating from Stanford.
In an interview with Fast Company, he shared what he learned in the years following, as he led product teams at eBay, Green Dot and Spot Runner, eventually becoming the SVP and Chief Product Officer of At&T Interactive: "Building a company is about hiring correctly, adhering to a timeline, and rigorously valuing opportunity. It's turning something from inspiration and creative movement into process and rigor."
These are the values he looks for in founders in addition to creativity. "I like to see the possibility of each and every idea, and being imaginative makes me a passionate investor."
Jim Andelman, Bonfire Ventures
Jim Andelman is a founding partner of Bonfire Ventures, a fund that focuses on seed rounds for business software founders. Andelman has been in venture capital for 20 years, previously founding Rincon Venture Partners and leading software investing at Broadview Capital Partners.
He's no stranger to enterprise software — he also was a member of the Technology Investment Banking Group at Alex. Brown & Sons and worked at Symmetrix, a consulting firm focusing on technology application for businesses.
In a podcast with LA Venture's Minnie Ingersoll earlier this year, he spoke on the hesitations people have about choosing to start a company."It's two very different things: Should I coach someone to be a VC or should I coach someone to enter the startup ecosystem? On the latter question, my answer is 'hell yeah!'"
Josh Diamond, Walkabout Ventures
Josh Diamond founded Walkabout Ventures, a seed fund that primarily focuses on financial service startups. The firm raised a $10 million fund in 2019 and is preparing for its second fund. Among its 19 portfolio companies is HMBradley, which Diamond helped seed and recently raised $18 in a Series A round.
"The whole reason I started this is that I saw there was a gap in the funding for early stage, financial service startups," he said. As consumers demand more digital access and transparency, he said the market for financial services is transforming — and Los Angeles is quickly becoming a hub for fintech companies. Before founding Walkabout, he was a principal for Clocktower Technology Ventures, another Los Angeles-based fund with a similar focus.
Kara Nortman, Upfront Ventures
Kara Nortman was recently promoted to managing partner at Upfront Ventures, making her one of the few women – along with Settle – to ascend to the highest ranks of a major VC firm.
Though Upfront had attempted to recruit her before she joined in 2014, she had declined in order to start her own company, Moonfrye, a children's ecommerce company that rebranded to P.S. XO and merged with Seedling. Upfront invested in the combination, and shortly after, Nortman joined the Upfront team.
Before founding Moonfrye, she was the SVP and General Manager of Urbanspoon and Citysearch at IAC after co-heading IAC's M&A group.
In an interview with dot.LA earlier this year, she spoke on how a focus for her as a VC is to continue to open doors for founders and funders of diverse backgrounds.
"Once you're a woman or a person of color in a VC firm, it is making sure other talented people like you get hired, but also hiring people who are not totally like you. You have to make room for different kinds of people. And how do you empower those people?"
Brett Brewer, Crosscut Ventures
Brett Brewer is a co-founder and managing director of Crosscut Ventures. He has a long history in entrepreneurship, starting a "pencil selling business in 4th grade." In 1998, he co-founded Intermix Media. Under their umbrella were online businesses like Myspace.com and Skilljam.com. After selling Intermix in 2005, he became president of Adknowledge.com.
Brewer founded Santa Monica-based Crosscut in 2008 alongside Rick Smith and Brian Garrett. His advice to founders on Crosscut's website reflects his experience: "Founders have to be prepared to pivot, restart, expect the unexpected, and make tough choices quickly... all in the same week! It's not for the faint of heart, but after doing this for 20 years, you can spot the fire (and desire) from a mile away (or not)."
Eva Ho, Fika Ventures
Eva Ho is a founding partner of Fika Ventures, a boutique seed fund, which focuses on data and artificial intelligence-enabled technologies. Prior to founding Fika, she was a founding partner at San Francisco-based Susa Ventures, another seed-stage fund with a similar focus. She is also a serial entrepreneur, most recently co-founding an L.A. location data provider, Factual. She also co-founded Navigating Cancer, a health startup, and is a founding member of All Raise, a nonprofit that supports and provides resources to female founders and funders.
In an interview with John Livesay shortly before founding Fika, Ho spoke to how her experience at Factual helped focus what she looks for in founders. "I always look for the why. A lot of people have the skills and the confidence and the experience, but they can't convince me that they're truly passionate about this. That's the hard part — you can't fake passion."
Brian Lee, BAM Ventures
Brian Lee is a co-founder and managing director of BAM Ventures, an early-stage consumer-focused fund. In an interview with dot.LA earlier this year, Lee shared that he ended up being the first investor in Honey, which was bought by PayPal for $4 billion, through investing in founders and understanding their "vibe."
"There's certain criteria that we look for in founders, a proprietary kind of checklist that we go through to determine whether or not these are the founders that we want to back…. [Honey's founders] knew exactly what they were building, and how they were going to get there."
His eye for the right vibe in a founder is one gleaned from experience. Lee is a serial entrepreneur, founding LegalZoom.com, ShoeDazzle.com and The Honest Company.
Alex Rubalcava, Stage Venture Partners
Alex Rubalcava is a founding partner of Stage Venture Partners, a seed venture capital firm that invests in emerging software technology for B2B markets. Prior to joining, he was an analyst at Santa Monica-based Anthem Venture Partners, an investor in early stage technology companies. It was his first job after graduating from Harvard, and during his time at Anthem the fund was part of Series A in companies like MySpace, TrueCar and Android.
He has served as a board member in several Los Angeles nonprofits and organizations like KIPP LA Schools and South Central Scholars.
"Warren Buffett says that he's a better businessman because he's an investor, and he's a better investor because he's a businessman. I feel the same way about VC and value investing. Being good at value investing can make you good at venture capital, and vice versa," Rubalcava said in an interview with Shai Dardashti of MOI Global.
Mark Suster, Upfront Ventures
Mark Suster, managing partner at Upfront Ventures, is arguably L.A.'s most visible VC, frequently posting on Twitter and on his blog, not only about investing but also more personal topics like weight loss. In more normal years, he presides over LA's biggest gathering of tech titans, the Upfront Summit. Before Upfront, he was the founder and chief executive officer of two software companies, BuildOnline and Koral, which was acquired by Salesforce. Upfront backed both of his companies, and eventually he joined their team in 2007.
In a piece for his blog, "Both Sides of the Table," Suster wrote about the importance of passion — not just for entrepreneurs and their businesses, but for the VCs that fund them as well.
"On reflection of the role that I want to play as a VC it is clearly in the camp of passion. I really want to start my journeys only with people with whom I want to work closely with for the next 5–7 years or more. I only want to work on projects in which I believe can produce truly amazing change in an industry or in the world."
Lead art by Candice Navi.
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Ben Bergman is the newsroom's senior finance reporter. Previously he was a senior business reporter and host at KPCC, a senior producer at Gimlet Media, a producer at NPR's Morning Edition, and produced two investigative documentaries for KCET. He has been a frequent on-air contributor to business coverage on NPR and Marketplace and has written for The New York Times and Columbia Journalism Review. Ben was a 2017-2018 Knight-Bagehot Fellow in Economic and Business Journalism at Columbia Business School. In his free time, he enjoys skiing, playing poker, and cheering on The Seattle Seahawks.