Lawfare Daily: National Security and the 2024 Election, Tech Policy
Oct 19, 2024
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Quinta Jurecic, Eugenia Lostri, Alan Rozenshtein, Kevin Frazier, and Kate Klonick delve into pressing tech policy matters as they relate to the 2024 election. They unpack former President Trump's and Vice President Harris's tech positions, tackling issues like content moderation, cybersecurity, and TikTok regulations. The conversation explores the transformative shifts in AI policy between administrations and the bipartisan approaches to antitrust laws in big tech. The potential impacts of these policies on national security and individual data privacy also take center stage.
The CHIPS Act plays a crucial role in securing U.S. leadership in AI and semiconductor production amidst global competition.
The future of TikTok is precarious, hinging on legal interpretations and rapidly evolving political dynamics in tech oversight.
Bipartisan consensus exists on the importance of cybersecurity, continuing efforts across administrations to safeguard critical infrastructure against threats.
Deep dives
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The Impact of the CHIPS Act
The CHIPS Act has emerged as a vital policy particularly concerning artificial intelligence, emphasizing the competitive landscape between the U.S. and adversaries like China. The Act aims to secure domestic semiconductor production, which is crucial for future technological advancements and AI development. By entrenching the notion of an AI race, the CHIPS Act reinforces the commitment to maintaining U.S. leadership in technology. Experts believe this legislation will have long-lasting implications for both national security and economic policy.
TikTok's Regulatory Challenges
The legal status of TikTok remains uncertain as both the Trump and Harris administrations grapple with its implications. The current legal framework mandates a divestiture or ban of TikTok, but outcomes depend heavily on ongoing court rulings. Legal analysts suggest that if the Supreme Court upholds the existing law after the D.C. Circuit's ruling, it will create significant pressure for compliance. Consequently, the future of TikTok hinges not only on legal interpretations but also on shifting political dynamics surrounding tech oversight.
Cybersecurity Continuity Across Administrations
Cybersecurity has traditionally been a nonpartisan issue, with both the Trump and Biden administrations focusing on defending critical infrastructure. The Trump administration established various strategies that the Biden administration has continued to build upon, enhancing overall national cybersecurity efforts. Moving forward, it is expected that cybersecurity will remain a high priority across administrations, regardless of the political party in power. This continuity reflects a broad consensus about the importance of safeguarding against foreign interference and cyber threats.
AI Governance Under Biden and Possible Harris Administration
The Biden administration has made substantial progress in AI governance, establishing a framework that emphasizes safe innovation. Through executive orders and legislation like the CHIPS Act, there is a clear push for the U.S. to lead in AI technologies. If Harris takes office, there are indications that she would support continuing this trajectory but may also prioritize ethical considerations and regulatory frameworks. Such a focus on diversity and safety in AI could drive policy in a direction emphasizing societal impacts alongside technological advancement.
Antitrust Policy and Big Tech in the U.S.
Antitrust actions against big tech companies have gained traction in the U.S., marked by a convergence of political interests from both sides of the aisle. While the Biden administration has aggressively pursued antitrust litigation led by Lena Khan, the Trump administration also initiated significant antitrust cases, suggesting a bipartisan commitment to addressing perceived monopolistic practices. Looking ahead, the direction of antitrust policy will likely depend on who's in power, but the momentum for reform appears to be building regardless of party affiliation. This evolution reflects a larger societal concern about the power dynamics in the tech industry and their implications for innovation and user rights.
This episode of “Lawfare Live: National Security and the 2024 Election” was recorded on October 15 in front of a live audience on Youtube and Zoom.
Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Quinta Jurecic, Eugenia Lostri, and Alan Rozenshtein, Lawfare Tarbell Fellowin Artificial Intelligence Kevin Frazier, and Associate Professor of Law at St. John's University Law School Kate Klonick. They discussed former President Trump and Vice President Harris’s positions on various tech policies, like content moderation, AI, cybersecurity, antitrust, and TikTok bans.
