New York
CNN
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The incoming Trump administration could mean major changes to the government’s relationship with tech companies in ways that could affect users, from the content they can see online to whether they can face discriminatory AI systems .
President-elect Donald Trump and many of his allies have had a combative relationship with the tech giants — repeatedly accusing them of having too much power and sometimes using it in ways that hurt him.
It was during the first Trump administration that talk of banning TikTok first began and a lawsuit was filed that could now lead to the dissolution of Google. He sought to issue legal protections for technology platforms. And a few months ago, he threatened to throw Meta CEO Mark Zuckerberg in jail.
But since his last term, Trump has apparently made a 180-degree turn on many technology-related issues. He has suggested he no longer wants to stop TikTok or disrupt Google — though it’s not clear he’ll be able to stop the train on either issue. He now has his own social media platform, Truth Social, which will almost certainly be subject to any new rules he tries to impose on rivals. And he has the ear of Elon Musk, who has suggested he will push for deregulation and unfettered technological innovation.
As Big Tech executives — many of whom sought to curry favor by congratulating Trump as soon as the election results were announced — now await Inauguration Day, here are five of the biggest questions about the president-elect’s potential impact on the industry of technology:
Trump once tried to ban TikTok from the United States by executive order over national security concerns, but he has since taken an about-face.
Trump said in June – in a video posted on the platform itself – that he would “never stop TikTok”.
Of course, it is not clear whether he will be able to fulfill this promise.
Building on the momentum that began under his leadership, Congress this year passed a law that would ban TikTok in the United States unless the platform splits from its Chinese parent company, which it has indicated it will not do. TikTok sued to block the law, and the case is awaiting a decision by a panel of federal judges. But the ban is set to take effect the day before the inauguration, meaning Trump may have missed his chance to say a word.
Trump could ask Congress to repeal the law, though experts say that effort is likely to fail. From there, he likely has two options: He can instruct the attorney general not to enforce the law or announce that TikTok is no longer subject to the law, according to University of Minnesota law professor Alan Rosenstein.
The first approach would involve signaling to TikTok’s technology partners like Apple — which will face fines under the law if it continues to host TikTok on its app store — that they “should feel free to continue doing business with TikTok.” , Rosenstein told CNN. “But then again, if you’re Apple’s general counsel, does that really give you a lot of confidence? You are still breaking the law. Trump is too naked.”
The latter would rely on a section of the law that gives the president some authority to determine whether a “qualified distribution” of TikTok has occurred. In theory, Trump could declare that he has, whether it’s true or not, and then have to hope it won’t be challenged in court.
“It is not clear who can sue to enforce the law. Congress is not allowed to sue to enforce its own laws,” Rozenstein said, adding that there are few parties who can allege “concrete injury” to sue if Trump falsely claims a qualified sale occurred.
Trump will enter the White House at a time when many, even in the artificial intelligence industry, have called for regulations to curb the worst possible outcomes of AI.
Trump acknowledged in an interview with Fox News over the summer that AI has “tremendous potential, but it also has the potential to destroy … we have to be very careful with artificial intelligence.” Musk, who is now advising Trump, also once called for a hiatus in technology development — before starting his AI firm.
However, Trump appears ready to undo what few guidelines exist for AI firms. The Republican Party’s election platform included a promise to repeal an executive order signed by President Joe Biden that called for sweeping actions to manage some of the worst risks from AI, including discrimination and threats to national security.
The Republican document said the executive order contained “radical leftist ideas” that stifled innovation.
“I think anything that replaces (Biden’s order), if anything, will probably be less burdensome on regulation,” said John Villasenor, faculty co-director of the UCLA Institute for Technology, Law and Policy.
However, he said Trump could push through federal laws preempting state AI regulations on issues such as the use of AI in employment to prevent a range of different rules that could make it harder for tech companies to operate.
Many Republicans are eager to see the Trump administration address what they see as “censorship” of right-leaning voices from many major social media platforms. Trump himself once threatened to veto an annual defense bill unless Congress repealed legal protections for social media companies with a law called Section 230.
Trump’s pick to head the Federal Communications Commission, Brendan Carr, recently warned the tech giants that the new administration would “take far-reaching actions to restore” Americans’ First Amendment rights. That could mean reforming or reinterpreting Section 230, which shields tech platforms from liability for their users’ posts and allows platforms to moderate content as they see fit.
“(Carr) wants to essentially interpret Section 230 in a way that says if they take away certain speech, then they lose their protection under the first part of the law,” said Gigi Sohn, an attorney who has worked for FCC. under Democratic Chairman Tom Wheeler. Essentially, Carr could try to pass a rule that would make it possible to sue tech platforms under that new interpretation.
Ultimately, this could mean hindering tech companies’ efforts to reduce hateful or fake content on their platforms.
However, it is not clear that the FCC has the authority to make such a change. While Democrats have also called for reform of Section 230, their concern is very different: They worry that it leaves tech companies out for not doing enough to moderate harmful content.
Evan Greer, director of digital rights advocacy group Fight for the Future, said she fears Carr’s discussion of social media issues could be a “very convenient way to distract” from his other plans, including rolling back net neutrality.
Any changes to increase the platform’s accountability could also directly affect Trump’s Social Truth and Musk’s X, which could make the decision on how to act on the issue more complicated.
With Lina Khan at the helm of the Federal Trade Commission, the Biden administration oversaw a series of antitrust actions against tech giants. While Vice President-elect JD Vance has praised Khan’s approach, she is widely expected to be shown the door when Trump ushers in a more business-friendly agenda in the White House.
Days before the election, Musk tweeted on X that Khan “will be fired soon.”
That could mean a return to greater corporate consolidation — Khan fought mergers like Microsoft and Activision Blizzard, and Kroger and Albertsons — and could make it easier for companies to raise prices.
“For example, if a large established company wants to buy a new company, Very successful AI startup, while under the Biden administration, you might have had the FTC essentially crack down on that, you might be less likely to see that happen under the new Trump administration,” Villasenor said.
The approach also raises questions about whether Trump would encourage his Justice Department to give up its fight to take down Google and how the DOJ would handle ongoing antitrust cases against tech giants, including Apple.
If there’s one technology policy issue where Democrats and Republicans can agree under a Trump presidency, it might be the now bipartisan issue of children’s online safety or privacy.
However, experts are skeptical after years of talks, disagreement over the right approach and little action.
“We see a lot of technology policy that’s really sort of ‘made for TV’ versus made for, like, getting through Congress or legislation in any meaningful way that’s going to stand up in court,” Greer said.
Republican Sen. Marsha Blackburn of Tennessee and Democratic Sen. Richard Blumenthal of Connecticut have urged Congress to pass the Children’s Online Safety Act soon after it passed the Senate over the summer. Although the closest lawmakers have come to passing youth online safety legislation in years, the bill still faces opposition.
House Speaker Mike Johnson said last month that while he likes the idea behind the bill, he finds the details “very problematic.”