Technology (Emerging Technology)

SB 923, the "GRANITE Act," creates a legal cause of action for West Virginia residents and businesses in digital communication, blockchain, and internet services to sue foreign governments or international organizations that enforce censorship laws conflicting with U.S. or West Virginia constitutional protections. It allows lawsuits against foreign entities for imposing penalties (like fines or platform shutdowns) for speech protected under the First Amendment and West Virginia’s Constitution, shifting the burden of proof to the foreign entity to justify such laws. The bill prohibits West Virginia from recognizing or enforcing foreign judgments that compel censorship or criminalize protected U.S. speech, and it establishes civil penalties for violations. This directly affects West Virginia’s digital innovation sector by aiming to shield it from extraterritorial censorship efforts, such as those seen in the UK’s Online Safety Act enforcement against 4chan or Brazil’s court orders against X. The bill is currently in the Senate Judiciary Committee (introduced February 12, 2026).

HB 5060 creates a new legal framework called the "Decentralized Unincorporated Nonprofit Association Act" in West Virginia, establishing a recognized entity type for nonprofit groups operating without formal incorporation. It requires these associations to have at least 100 members with mutual consent for a common nonprofit purpose, allows them to use digital tools (like blockchain and smart contracts) for governance and voting, and prohibits profit distributions to members except for reasonable compensation for services. The bill clarifies that any profits must support the organization's nonprofit mission, outlines member rights and duties, and grants the Secretary of State rulemaking authority to implement the law. This directly affects nonprofits seeking a flexible, digital-friendly structure while maintaining legal recognition under West Virginia law.

HB 4682, the Fourth Amendment Restoration Act, prohibits West Virginia law enforcement officers and local government officials from using specific surveillance and artificial intelligence technologies without a warrant. It bans real-time security monitoring, facial recognition, license plate readers, surveillance drones, and other listed tools for law enforcement purposes unless a court issues a warrant based on probable cause. Violators face felony charges with penalties including up to one year in prison and $10,000 fines per violation. The bill also allows individuals to sue officials who violate these restrictions and requires immediate discontinuation of existing use of banned technologies by all local governments. The law takes effect immediately upon passage.