The Future of Tech Policy Under Biden: Antitrust, Regulation, and Innovation
As President-elect Joe Biden prepares to take office, the tech industry faces a pivotal moment. The era of unfettered growth and minimal oversight appears to be ending, with bipartisan calls for regulation growing louder. Here’s what to expect for tech under the Biden administration.
A Shifting Landscape for Big Tech
The tech industry’s “golden age” of light-touch regulation may be over. The fallout from Russian election interference in 2016, rampant misinformation, and the unchecked dominance of data-driven platforms have spurred rare bipartisan agreement: Big Tech needs oversight.
Key developments shaping this new era:
- The Trump administration’s ongoing antitrust case against Google is expected to continue
- Potential new antitrust actions targeting Facebook, Amazon, and Apple
- Growing legislative momentum for Section 230 reform and privacy regulations
Biden’s Complex Relationship with Tech
While tech policy wasn’t a centerpiece of Biden’s campaign, his administration’s approach is coming into focus:
Facebook: A Contentious Relationship
- The Biden campaign publicly condemned Facebook as the “foremost propagator” of election disinformation
- Ongoing criticism of Facebook’s role in “shredding democracy” suggests tough scrutiny ahead
Google: A More Nuanced Dynamic
- Despite antitrust actions, Biden’s campaign benefited from early support by former Google CEO Eric Schmidt
- The administration may take a more measured approach compared to Facebook
Potential Bright Spots for Tech Innovation
Not all tech sectors face headwinds. Biden’s policy priorities could create opportunities:
Climate Tech and Infrastructure
- Ambitious climate plans could unlock federal funding for clean energy innovation
- Infrastructure modernization efforts may boost telecom, transportation, and smart city technologies
Startup Ecosystem
- Antitrust actions could level the playing field by reducing anti-competitive practices
- New regulations may create opportunities for startups previously squeezed by tech giants
The Harris Factor: A Bay Area Perspective
Vice President-elect Kamala Harris brings Silicon Valley connections and complex tech policy positions:
- Family ties to Uber through brother-in-law Tony West (Uber’s Chief Legal Officer)
- Public opposition to Proposition 22, despite West’s support
- Reported relationships with tech leaders like Sheryl Sandberg
Transition Team Insights: Who’s Shaping Tech Policy?
The Biden transition team includes numerous tech veterans, offering clues about policy directions:
Notable Appointments:
- Matt Olsen (Uber): Chief Trust and Security Officer
- Aneesh Chopra: First U.S. CTO under Obama
- Nicole Wong: Former Google/Twitter executive and Obama deputy CTO
- Representatives from Chan Zuckerberg Initiative and Schmidt Futures
Cabinet Speculation: Tech’s Washington Influence
While cabinet appointments remain uncertain, several tech-connected names are circulating:
Potential Contenders:
- Meg Whitman (ex-eBay/HP/Quibi): Possible Commerce Secretary candidate
- Eric Schmidt: Rumored for tech advisory role (though antitrust concerns may complicate)
- Xavier Becerra: California AG leading state antitrust case against Google
The Road Ahead: A New Era for Tech Policy
The Biden administration inherits a fundamentally changed tech landscape:
- Regulatory momentum is building across party lines
- Antitrust actions may reshape competitive dynamics
- Policy priorities around climate and infrastructure could create new tech opportunities
As Obama’s “technocratic gilded age” gives way to a new reality, one thing is clear: The days of hands-off tech policy are over.
