Last week, we witnessed a watershed moment: On December 9th, the U.S. federal government advanced a major lawsuit against Facebook, accusing the company of anticompetitive behavior and arguing that WhatsApp and Instagram should be split off from Facebook. This is the first substantial move by the federal government to break up an internet company, and it sheds light on what technology policy may look like once Joe Biden becomes president.
What Will Tech Regulation Look Like in the Biden Era?
On December 9th, the U.S. government advanced a groundbreaking lawsuit against Facebook, calling for the tech giant to be broken up in response to antitrust concerns. This comes on the heels of a growing bipartisan movement towards increasing regulation of America’s leading internet companies — and foreshadows a likely shift in policy under the incoming Biden administration. In this piece, the author suggests that Congress and the Executive Branch are likely to advance tech regulation in four key areas: protecting data privacy, requiring algorithmic transparency to identify and reduce bias, realigning growth incentives to address antitrust concerns, and holding platforms liable for facilitating the spread of harmful content. While any attempts at regulation will have to be undertaken thoughtfully, the substantial support for reform on both sides of the aisle — as well as strong track records on these issues from both Joe Biden and Kamala Harris — suggest that real change may be on the horizon.