The problems are the same – harm caused by artificial intelligence, problematic social media content, data privacy violations – but the policymakers and regulators who address them are changing.
The U.S. technology regulatory landscape is facing major changes as the federal government moves into a new term under the new leadership of President Donald Trump.
The Trump administration’s stated approach to these issues signals a change. The Biden administration’s policies are likely to move away from civil rights aspects and toward an emphasis on innovation and economic competitiveness. Some possible policies would roll back strict federal regulations, while others would propose new approaches to content management and ways to support AI-related business practices. They also suggest a path to state legislation.
I research the intersection of law and technology. Here are the key tech law issues that will likely shape the next administration’s agenda in 2025.
AI Regulation: Innovation vs. Civil Rights
The rapid evolution of AI technology is expanding AI policy and regulatory activity, creating both opportunities and challenges. The federal government’s approach to AI regulation is likely to undergo significant changes under the incoming Trump administration.
The Biden Administration’s AI Bill of Rights and Executive Order on AI established fundamental principles and guardrails to protect safety, privacy, and civil rights. These included requirements for developers of powerful AI systems to report safety test results and a mandate for the National Institute of Standards and Technology to develop rigorous safety standards. It also called on government agencies to use AI in a responsible manner.
Unlike the Biden era, the Trump administration’s deregulatory approach suggests a different direction. The president-elect has indicated he intends to rescind Biden’s executive order on AI, citing the need to promote free speech. Andrew Ferguson, President Trump’s nominee to head the Federal Trade Commission, echoes this sentiment. He has spoken out against restrictive AI regulation and the adoption of comprehensive federal AI legislation.
With limited prospects for federal AI legislation under the Trump administration, states are likely to take the lead in addressing emerging AI scourges. At least 45 states have introduced AI-related bills in 2024. For example, Colorado passed comprehensive legislation to address algorithmic discrimination. In 2025, state legislatures will either follow Colorado’s example and enact broad AI regulations, or create laws that target specific uses, such as automated decision-making, deepfakes, facial recognition, and AI chatbots. may focus on.
Data Privacy: Federal or State Leadership?
Data privacy remains a key focus area for policymakers, and 2025 will be a key year to determine whether Congress enacts federal privacy legislation. The U.S. Privacy Bill of Rights, introduced in 2024, represents a bipartisan effort to create a comprehensive federal privacy framework. The bill includes a private right of action provision that preempts state law, meaning it would allow individuals to sue for alleged violations. The bill aims to simplify compliance and reduce the patchwork of state regulations.
These issues are likely to spark important debate in the year ahead. Lawmakers will also likely struggle to balance regulatory burdens on small businesses with the need for comprehensive privacy protections.
Without federal action, states may continue to lead privacy regulations. Since California passed its Consumer Privacy Rights Act in 2019, 19 states have passed comprehensive privacy laws. Recent state privacy laws have different scope, rights, and obligations, creating a fragmented regulatory environment. Key issues in 2024 include defining sensitive data, protecting the privacy of minors, incorporating data minimization principles, and meeting compliance challenges for small and medium-sized businesses.
At the federal level, the Biden administration issued an executive order in 2024 giving the U.S. Attorney General the authority to restrict cross-border data transfers to protect national security. These efforts may continue under the new administration.
Cybersecurity, health privacy and online safety
States play a major role in strengthening cybersecurity protections, with approximately 30 states requiring businesses to comply with cybersecurity standards. For example, the California Privacy Protection Agency Board has proposed rulemaking regarding cybersecurity audits, data protection risk assessments, and automated decision-making.
Meanwhile, there is a growing trend to strengthen the privacy of medical data and protect children online. For example, Washington and Nevada have adopted laws that extend protections for health data beyond the scope of the federal Health Insurance Portability and Accountability Act.
Many states, including California, Colorado, Utah, and Virginia, have recently expanded protections for youth users’ data. In the absence of federal regulation, state governments may continue to lead efforts to address pressing privacy and cybersecurity concerns in 2025.
Social Media and Section 230
Regulation of online platforms has been a topic of debate under both the Biden and Trump administrations. There are federal efforts to reform Section 230, which protects online platforms from liability for user-generated content, as well as federal and state-level efforts to address misinformation and hate speech.
While the former Trump administration criticized Section 230 for allowing censorship of conservative voices, the Biden administration has focused on greater transparency and accountability for companies that fail to remove relevant content.
When Trump returns to office, Congress is likely to consider proposals to ban certain forms of content moderation in the name of protecting free speech.
Meanwhile, states like California and Connecticut recently passed laws requiring platforms to disclose information about hate speech and misinformation. Some existing state laws regulating online platforms are being challenged in the U.S. Supreme Court on First Amendment grounds.
Discussions about how to balance platform neutrality and accountability at both the federal and state levels are likely to continue in 2025.
wind change
Overall, while federal efforts on issues like Section 230 reform and children’s online protections may advance, federal AI regulation and data privacy laws may slow due to the administration’s deregulatory stance. there is. The success of longstanding legislative efforts like federal data privacy protections will depend on the balance of power between Congress, the courts, and the next administration.
