AI, Privacy to Dominate Tech Policy Debate in Washington in 2024

Lawmakers returning to Washington next week face a busy legislative calendar, and wedged into that jam-packed agenda is a sprawling list of technology priorities.

Addressing the artificial intelligence boom, keeping children safe online, protecting Americans’ digital privacy, and increasing broadband access are among the many tech policy debates expected to shake out on Capitol Hill in 2024.

Here’s what to watch:

Artificial intelligence

The frenzy over AI is anticipated to dominate the tech conversation, building on last year’s momentum. Lawmakers spent 2023 learning about the risks and opportunities AI poses. This year will test whether those education efforts will translate into legislative action.

Senate Majority Leader Chuck Schumer (D-N.Y.), who’s part of a bipartisan group crafting a response to AI, closed out the year saying the lawmakers are beginning to work on legislation. He’s predicted that Congress will act within months.

Lawmakers have repeatedly stressed that any regulatory measures should seek to mitigate AI’s harms, including privacy violations, misinformation, and bias. At the same time, congressional leaders have acknowledged AI’s potential to spur advancements across industries, such as health care and energy. Several bipartisan bills addressing AI’s threats and benefits have been introduced, though none have moved yet.

Senate Minority Leader Chuck Schumer speaks on Capitol Hill after a Nov. 1, 2023 forum on the future of artificial intelligence. Listening, from left, are Todd Young (R-Ind.), Martin Heinrich (D-N.M.) and Mike Rounds (R-S.D.), Schumer’s colleagues examining AI issues.

Alex Wong/Getty Images

Some of their more immediate considerations include limiting the spread of deepfakes and misinformation in the 2024 elections and protecting national security—an area where they could move quicker on regulation. Ensuring that the US stays technologically ahead of China in AI development is also of great concern.

Kids’ Online Safety, Privacy

Lawmakers will kick off the year with a high-profile hearing featuring a slew of tech executives, including Meta Platforms Inc‘s Mark Zuckerberg, TikTok Inc.‘s Shou Zi Chew, and Snap Inc.‘s Evan Spiegel, at the end of this month.

The major social media companies have come under immense scrutiny over criticisms and growing evidence that their platforms harm children’s and teens’ mental health. Lawmakers have been trying to address the issue by proposing to crack down on online content that promotes violence, cyberbullying, harassment, substance abuse, and sexual exploitation to young users.

The Senate Judiciary Committee’s Jan. 31 hearing will focus on stopping online child exploitation. The panel last year approved bipartisan measures that aim to strengthen legal protections for victims of child exploitation and boost resources for law enforcement.

Separately, the Senate Commerce Committee approved a pair of bipartisan bills that seek to improve children’s online safety and privacy. The measures have stalled as tech and civil rights groups claimed they would instead worsen the privacy and safety of kids.

In the meantime, passing a national privacy standard has attracted widespread support in Congress, and expectations are high that lawmakers may soon reintroduce legislation. Yet to move forward members would likely have to reach consensus around two matters—preemption and private right of action—sticking points in past discussions.

Lawmakers also face an April 19 deadline to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, under which the government can obtain the communications data of non-US citizens overseas suspected of communicating foreign intelligence information.

Renewing or revamping the legislation may transform how major tech companies comply with the controversial spying law, which requires them to hand over data on specific targets when asked.

Before the holiday recess, House leaders had planned votes on a pair of bills to reauthorize FISA, yet these were scrapped after Republicans couldn’t agree on a way forward.

Surveillance Bills Spark Calls For Debate on Renewing Spy Powers

Broadband

Also on the agenda is restoring the Federal Communications Commission’s ability to auction off spectrum—the radio airwaves that fuel wireless networks. The authority lapsed last spring for the first time since auctions started running 30 years ago. The Biden administration, along with commercial providers, including T-Mobile US Inc., Verizon Communications Inc., and AT&T Inc., have urgently called on Congress to reauthorize the agency’s spectrum authority to support 5G deployment.

The White House has also asked Congress to pass additional funding to extend the Affordable Connectivity Program, which provides financial assistance to millions of American households to ensure they have access to high-speed internet.

Off the Hill

Besides Congress, new and continuing tech fights will take shape across Washington. The FCC has received backlash over recent moves to reinstate Obama-era net neutrality rules, among other controversial efforts.

The Biden administration is also in the process of carrying out a sweeping executive order addressing AI. The government-wide directive instructs agencies to set rules to deploy AI safely.

Battles over Big Tech’s market power will continue to play out in the courts. Major antitrust cases involving Meta and Alphabet Inc’s Google are expected to conclude this year. The Supreme Court will also wade into the online content moderation debate by reviewing two contentious state laws in Florida and Texas.

And it’s an election year, so expect plenty of congressional and presidential candidates to throw out their policy ideas, from banning TikTok to bolstering tech competition with China.