Where Bipartisan Opportunities Exist for Tech Reform

by TOM ROMANOFF

Big Tech is still in the crosshairs of Republicans and Democrats, but there is little consensus on regulating the industry. On the one side, there is agreement that American tech is a world leader and one of our most vital industries. On the other hand, concerns have been expressed about Big Tech’s size and influence. As technology continues to play an increasingly dominant role in how we connect at work and home, we must get it right.

While Congress debates partisan tech agendas, the EU is passing laws that put them in the driver’s seat of data privacy and how our tech companies operate abroad. Russia and China continue to use cyberattacks to gain insights into classified and sensitive information while influencing political debates worldwide. Bipartisan, pragmatic solutions are needed to keep American tech innovative and robust. Specifically, three strategies have broad support to advance this goal: Enhancing Data Privacy, Securing Cyberspace, and Funding Innovation.

Before diving into those strategies, let’s look at the probable next steps: Republicans will likely take the House next year and have been vocal about their interest in investigating perceived bias against conservative speech online. Few Democrats share this priority and have instead opted to introduce proposals in the 117th Congress around anti-trust and competition issues in the tech sector. If there is an opportunity for bipartisan legislation around curbing bias and misinformation online, it is in reforming Section 230 of the Communications Decency Act, either by adding carve-outs to the existing language or passing new laws to address issues that stem from misinformation online. Section 230 provides liability protection for platforms hosting content, but in recent

years exemptions have been added or proposed to hold websites more accountable for harms stemming from their content. Democrats, in this scenario, will likely continue to press Big Tech through competition and anti-trust policy but will seek to do so through the federal agency authorities. With Special Assistant to the President Tim Wu, and Chair of the FTC Lina Khan leading an activist regulatory agenda, at a minimum, we can expect to see more from the DOJ, FTC, and CFPB around regulating the tech sector. Shifting back to opportunities for bipartisan solutions, let’s start with the most difficult – Enhancing Data Privacy. Congress has spent the last six sessions Tom Romanoff trying to pass a national data privacy law. Many believe, including me, that this is the Bipartisan, pragmatic root of techlash and that many solutions are needed other legislative proposals to keep American tech would benefit from applying federal law. The American innovative and robust. Data Privacy and Protection Act is the latest bipartisan proposal that provides a new starting place for future considerations. With China and the European Union passing their data governance laws and U.S. states increasingly passing their own, data privacy is increasingly dependent on the location of access. This could lead to excessive compliance costs, stalled innovation, and loss of opportunity for American citizens. Cybersecurity is another strategy where we have seen strong bipartisan support and success in passing legislation to bolster the U.S. digital infrastructure. Cyber threats are a clear and persistent danger to Americans and must be addressed as soon as possible. Congress has several initiatives with bipartisan support that it can prioritize moving forward. These include digital identification measures to fight online

fraud, supporting workforce development to train the can build these systems is at risk. USICA attempts to next generation of cybersecurity professionals, and address this issue, but there is still a need to secure the securing our digital supply chain. materials, expertise, and capacity to build the systems

The last strategy is funding innovation for the next for the next generation of tech. Bipartisan lawmakers generation of American tech should continue to prioritize leadership. Many of the technologies we enjoy today Cybersecurity is another these areas as a matter of national security. started in a government strategy where we have seen Technology will research lab. We can point strong bipartisan support and continue to be more to the Internet, the green revolution, and others as success in passing legislation integrated into our lives. Congress should prioritize clear examples that show to bolster the U.S. digital the areas mentioned in this government investment in infrastructure. piece to safeguard future tech has yielded positive iterations of tech. If we returns. We know that the don’t, we risk yielding next leap in tech is right around the corner. Quantum leadership to foreign competitors and stalling computing, AI, 6G, high-capacity batteries, and beyond innovation at home. RF are research areas that will fuel American innovation in the future. While these new technology areas are Tom Romanoff is the Director of the Technology promising, the support network needed to ensure we Project at the Bipartisan Policy Center.