If history is a guide, the path toward U.S. tech regulation will be long. It took decades of public anger to regulate the railroads through the creation of the Interstate Commerce Commission in 1887. It took nearly 50 years from the first medical reports on the dangers of cigarettes to the regulation of tobacco.
There’s no single reason for the sludge of progress in Congress. Proposals have been caught in the age-old partisan divide over how to protect consumers while also encouraging the growth of business. Then there are the hundreds of tech lobbyists who block legislation that could dampen their profits. Lawmakers have also at times failed to grasp the technologies they are trying to regulate, turning their public foibles over tech into internet memes.
Tech companies have taken advantage of that knowledge blind spot, said Tom Wheeler, a former chairman of the Federal Communications Commission.
“It’s what I call the ‘big con,’ where the tech companies spin a story that they are doing magic and that if Washington touches their companies with regulations they’ll be responsible for breaking that magic,” he said.
In the vacuum of federal regulations, states have created a patchwork of tech rules instead. California, Virginia, Utah and Colorado have adopted their own privacy laws. Florida and Texas have passed social media laws aimed at punishing internet platforms for censoring conservative views.
Amazon, Alphabet, Apple, Meta and Microsoft said they supported federal regulations. But when pressed, some of them have fought for the most permissive versions of the laws that have been under consideration. Meta, for instance, has pushed for weaker federal privacy legislation that would override stronger laws in the states.