It’s not surprising that technology regulation is a key issue in the 2024 US presidential campaign.
Advanced technologies, from social media algorithms to large language model artificial intelligence systems, have deeply affected society over the past decade. These changes, which spanned the Trump and Biden-Harris administrations, have fueled calls for the federal government to regulate the technologies and the powerful corporations that operate them.
As a researcher of information systems and AI, I examined both candidates’ records on technology regulation. Here are the key differences.
Algorithmic harms
With artificial intelligence now widespread, governments around the world are grappling with how to regulate various aspects of the technology. The candidates offer different visions for US AI policy. One area where there is a big gap is in recognizing and addressing algorithmic harms that result from the widespread use of AI technology.
AI affects your life in ways that may escape your notice. Bias in algorithms used for lending and hiring decisions can reinforce vicious cycles of discrimination. For example, a student who cannot afford loans for college will be less likely to get the education they need to escape poverty. At the AI Safety Summit in the UK in November 2023, Harris spoke about the promise of AI but also the dangers of algorithmic bias, deepfakes, and wrongful arrests. Biden signed an executive order on AI on October 30, 2023, recognizing that AI systems can pose unacceptable risks of harm to civil and human rights and individual well-being. In parallel, federal agencies such as the Federal Trade Commission have taken enforcement actions to protect against algorithmic harms.
In contrast, the Trump administration did not take a public stance on algorithmic harm mitigation. Trump has said he wants to repeal President Biden’s AI executive order. However, in recent interviews, Trump mentioned the dangers of technologies such as deepfakes and the challenges to security from AI systems, revealing a desire to tackle the growing risks from AI.
Technical standards
The Trump administration signed the American AI Initiative executive order on February 11, 2019. The order pledged to double AI research investments and establish the first set of National AI Research Institutes. The order also included a plan for AI technical standards and established guidance for the use of AI by the federal government. Trump also signed an executive order promoting the use of trustworthy AI in the federal government on December 3, 2020.
The Biden-Harris administration has tried to go further. Harris called on the heads of Google, Microsoft and other tech companies to meet at the White House on May 4, 2023, to make a set of voluntary commitments to protect individual rights. The Biden administration’s executive order includes a significant initiative to investigate the vulnerability of very large-scale, general-purpose AI models that are trained on enormous amounts of data. The goal is to determine the risks posed by hackers to these models, including the models that power OpenAI’s popular ChatGPT and DALL-E.
Antitrust
Antitrust law enforcement — restricting or conditioning mergers and acquisitions — is another way the federal government regulates the technology industry.
The Trump administration’s antitrust dossier includes an effort to block AT&T’s acquisition of Time Warner. The merger was ultimately allowed by a federal judge after the FTC under the Trump administration filed a lawsuit to stop the deal. The Trump administration also filed an antitrust case against Google focused on its dominance in internet search.
Biden signed an executive order on July 9, 2021 to enforce antitrust laws arising from the anti-competitive effects of major internet platforms. The order also targeted acquisitions of nascent competitors, aggregation of data, unfair competition in attention markets, and surveillance of users. The Biden-Harris administration has filed antitrust cases against Apple and Google.
The Biden-Harris administration’s merger guidelines due in 2023 outlined rules for determining when a merger could be considered anti-competitive. While both administrations filed antitrust cases, the Biden administration’s antitrust campaign appears to be stronger in terms of its influence in potentially reorganizing or planning the dissolution of major companies like Google.
Cryptocurrency
The candidates have differing approaches to cryptocurrency regulation. In the final days of his administration, Trump tweeted in support of cryptocurrency regulation. In the final days of Trump’s administration, the federal Financial Crimes Enforcement Network proposed regulations that would require financial firms to collect the identities of any cryptocurrency wallets to which a user sends funds. The regulations were not implemented.
Trump has since changed his stance on cryptocurrencies. He has criticized existing US laws and called for the United States to become a bitcoin superpower. The Trump campaign is the first presidential campaign to accept payments in cryptocurrencies.
In contrast, the Biden-Harris administration has imposed regulatory restrictions on cryptocurrencies with the Securities and Exchange Commission taking several enforcement actions. The White House vetoed the Financial Innovation and Technology for the 21st Century Act, which was intended to clarify accounting for cryptocurrencies, a bill that was supported by the cryptocurrency industry.
Data privacy
Biden’s AI executive order calls on Congress to adopt privacy legislation, but it provides no legislative framework for doing so. The Trump White House’s American AI Initiative executive order mentions privacy only in broad terms, calling for AI technologies to uphold “civil liberties, privacy, and American values.” The order does not mention how existing privacy protections would be enforced.
Across the US, several states have attempted to pass legislation addressing aspects of data privacy. Currently, there is a patchwork of statewide initiatives and a lack of comprehensive data privacy legislation at the federal level.
The lack of federal data privacy protections is a stark reminder that while the candidates are addressing some of the challenges posed by developments in AI and technology more broadly, there is still much to be done to regulate technology in the public interest.
Overall, the Biden administration’s efforts in antitrust and technology regulation appear to be broadly aligned with the goal of reining in technology companies and protecting consumers. It is also reimagining monopoly protections for the 21st century. This appears to be the main difference between the two administrations.
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