It is not surprising that technology regulation is a key issue in the 2024 US presidential campaign.
Over the past decade, advanced technologies ranging from social media algorithms to large language models to artificial intelligence systems have deeply impacted society. These changes, which spanned the Trump and Biden-Harris administrations, called for the federal government to regulate technologies and the powerful corporations that operate them.
As a researcher of information systems and AI, I examined both candidates’ records on technology regulation. There are important differences here.
algorithm loss
With artificial intelligence now becoming 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 clear gap is identifying and addressing algorithmic harms with the widespread use of AI technology.
AI impacts your life in ways that may escape your notice. Bias in the algorithms used for lending and hiring decisions can fuel a vicious cycle of discrimination. For example, a student who cannot get loans for college will be less likely to get the education needed to climb out of poverty. At the AI Security Summit in the UK in November 2023, Harris spoke about the promise of AI as well as the dangers of algorithmic bias, deepfakes and wrongful arrests. Biden signed an executive order on AI on October 30, 2023, recognizing AI systems may pose unacceptable risks of harming 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 took no public stance on algorithmic harm mitigation. Trump has said he wants to rescind President Biden’s AI executive order. However, in recent interviews, Trump mentioned the dangers of technologies like deepfakes and the challenges posed to security by AI systems, suggesting a willingness to engage with the growing risks from AI.
technical standards
The Trump administration signed the executive order on the US AI Initiative on February 11, 2019. The order promised 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 on December 3, 2020, to promote the use of trustworthy AI in the federal government.
The Biden-Harris administration has tried to go further. Harris convened the heads of Google, Microsoft and other tech companies at the White House on May 4, 2023, to launch a set of voluntary commitments to protect individual rights. The Biden administration’s executive order includes a key initiative to investigate the vulnerabilities of very large-scale, general-purpose AI models trained on massive 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 filing includes an effort to block AT&T’s acquisition of Time Warner. The merger was eventually allowed by a federal judge after the FTC filed a lawsuit to block the deal under the Trump administration. The Trump administration also filed an antitrust case against Google, focusing on its dominance in Internet search.
Biden signed an executive order on July 9, 2021, to enforce antitrust laws arising from anti-competitive effects of major internet platforms. The order also targeted acquisitions of nascent competitors, collection 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 in 2023 outline rules to determine when a merger can be considered anti-competitive. While both administrations have filed antitrust cases, the Biden administration’s antitrust effort appears to be stronger in terms of its influence in potentially planning the restructuring or even breakup of major companies like Google.
cryptocurrency
The candidates have different visions for cryptocurrency regulation. Towards the end of his administration, Trump tweeted in support of cryptocurrency regulation. At the end of Trump’s administration, the federal Financial Crimes Enforcement Network proposed rules that would require financial firms to collect the identity of any cryptocurrency wallet to which a user sent funds. Rules were not enacted.
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 payment in cryptocurrency.
In contrast, the Biden-Harris administration has imposed regulatory restrictions on cryptocurrencies with the Securities and Exchange Commission, leading to a series of enforcement actions. The White House vetoed the 21st Century Financial Innovation and Technology Act, which aimed to clarify accounting for cryptocurrencies, a bill backed by the cryptocurrency industry.
data privacy
Biden’s AI executive order calls on Congress to adopt privacy legislation, but it does not provide any legislative framework for doing so. The Trump White House’s US AI Initiative executive order mentions privacy only in broad terms, calling on AI technologies to preserve “civil liberties, privacy, and American values.” The order did not mention how existing privacy protections would be enforced.
Across the US, many states have attempted to pass laws addressing aspects of data privacy. Currently, there is a lack 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 candidates are addressing some of the challenges posed by the growth of AI and technology more broadly, there is still much to be done to regulate the technology in the public interest.
Overall, the Biden administration’s efforts on antitrust and technology regulation appear to be largely aligned with the goal of reining in technology companies and protecting consumers. It is also reimagining monopoly protection for the 21st century. This appears to be the main difference between the two administrations.
Anjana Susarla, Professor of Information Systems, Michigan State University
This article is republished from The Conversation under a Creative Commons license. Read the original article.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
