Republicans Won The House and Senate. Here’s What A GOP Congress Could Mean for Tech Policy.

While votes are still being counted in some House races, it's clear Republicans will have a majority and that a new governing trifecta is set to reshape the policy agenda in Washington. Even as the busy lame-duck session grinds on, Republicans are already vying for key leadership positions that will steer tech policy in the upcoming Congress.

Yesterday, the Senate selected John Thune, the Republican senator from South Dakota, as its majority leader, replacing Sen. Mitch McConnell. Although Sen. Thune’s record on tech policy is relatively thin, he was a vocal supporter of the TikTok bill that passed this spring and even introduced his own alternative bill called the RESTRICT Act, which he argued was “the best way to counter the TikTok threat.” (The Restrict Act would have required the Commerce Department to identify and mitigate foreign information and communications threats and establish civil and criminal penalties for violations.) Sen. Thune’s proposed bipartisan Filter Bubble Transparency Act also passed the Senate in late July as part of the Kids Online Safety Act, which many considered dead in the House but may still be up for consideration in the lame-duck.

Though not yet official, it’s expected that Sen. Ted Cruz (R-TX) will chair the Senate Committee on Commerce, Science, and Transportation, of which he is the current ranking member. As chair, Sen. Cruz may have some influence over who Trump nominates as Federal Communications Commission (FCC) and Federal Trade Commission (FTC) chair, given that he’d run their respective confirmation hearings. He would also have significant influence over tech policy legislation in the Senate.

Under Democratic Sen. Maria Cantwell’s leadership, the Committee attempted to move forward comprehensive data privacy legislation, with the American Privacy Rights Act (APRA) as its centerpiece. Sen. Cruz railed against APRA’s private right of action provisions and the additional authority it would hand to the FTC. "I cannot support any data privacy bill that empowers trial lawyers, strengthens Big Tech by imposing crushing new regulatory costs on upstart competitors or gives unprecedented power to the FTC to become referees of internet speech,” Sen. Cruz tweeted following the bill’s introduction.

The possibilities for a federal privacy law under Sen. Cruz are unclear, including whether any effort will be taken up at all. However, Sen. Cruz might look to his home state of Texas for policy ideas. “Texas has emerged as a very stringent enforcer on data privacy issues, there’s multiple laws there,” noted Keir Lamont, senior director of the Future of Privacy Forum’s US legislation team. This includes the Secur­ing Chil­dren Online Through Parental Empowerment, or SCOPE Act, which the Attorney General has already taken an enforcement action pursuant to the law after it went into effect in September. “So it will be interesting to see if being from Texas, if that kind of approach and the Texas models we have, will have any kind of influence on Sen. Cruz's thinking on these issues,” added Lamont.

On many tech policy issues, including AI, Sen. Cruz has tended to favor the tech industry. Earlier this year, Sen. Cruz blocked Sen. Josh Hawley’s (R-MO) effort to pass a bill by unanimous consent that would make tech companies liable for AI-generated content by amending Section 230 to exclude synthetic content from the provision’s protections. He also voiced concern over the AI executive order, stating that it “marks a retreat in US leadership” in AI innovation and international competition.

In the House, Republicans face the challenge of uniting around a set of tech priorities but also navigating a potentially slim majority that will make it harder to pass ambitious tech legislation. “Are [Republicans] going to prioritize common sense things that they can get done, or are they going to be focused on retribution and things like the Trump tax cuts expiring?” said Adam Kovacevich, founding CEO of the Chamber of Progress. “Because the House margin is super, super tight, they don't have a high margin of error,” Kovacevich said, adding that “intra-Republican fractiousness, particularly in the House,” is a key element of the legislative equation.

Today, much of the energy-driving Republicans on tech policy is aimed at addressing claims of platform bias against conservatives, but whether that translates into any meaningful legislation is unclear. “What I do know is it means a whole hell of a lot more jawboning,” said Adam Thierer, a senior fellow for the Technology and Innovation team at the R Street Institute. “It means that we're going to see just as much, if not more, efforts to use the power of the bully pulpit to sort of browbeat a lot of companies and sectors into thinking or acting differently without maybe any laws passing at all.”

While tech-related legislative priorities for the Republican-led 119th Congress, set to begin on January 3, won’t be clear until next year, recently proposed legislation may provide some clues about what the future holds. Tech Policy Press cataloged relevant tech-related legislation sponsored by Republicans in the 118th Congress, going back to January 2023, in key areas, including artificial intelligence, competition, content moderation, data privacy, digital crime, kids online safety, national security, and surveillance.

Artificial Intelligence

In the House:

• AI Labeling Act - H.R.6466. Introduced by Rep. Thomas Kean (R-NJ) on Nov. 11, 2023, this bill would require the Director of the National Institute of Standards and Technology (NIST) to establish a working group with other agencies to identify AI-generated content and create an AI labeling framework. It would also require generative AI developers to provide a visible disclosure on products made using their tools and mandate that developers “take reasonable steps to prevent systemic publication” of undisclosed content.

In the Senate:

• Artificial Intelligence Acquisitions Act - S.4976. Introduced by Sens. Marco Rubio (R-FL), Rick Scott (R-FL), and John Barrasso (R-WY) on Aug. 1, 2024, this bill would “prohibit the US government, and private entities it contracts with, from procuring or using adversarial AI.” More specifically, it would task “the “Under Secretary of Commerce for Standards and Technology, in coordination with the Federal Acquisitions Security Council, to compile and update a list of AI products and services from countries of concern, including China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria,” and allow “companies contracting with the US two years to divest from products on the list.”
• Sen. Mike Rounds (R-SD) unveiled a set of five AI bills on Aug. 27, 2024, including the Consumers LEARN AI Act (S.4838), the GUIDE AI Act (S.4638), the Increasing AI Transparency in Financial Services Act (S.4638), the Unleashing AI Innovation in Financial Services Act (S.4951 / HR.9309), and an unnamed bill (S.4758) requiring the Secretary of Defense to carry out a pilot program on using artificial intelligence-enabled software.

In both chambers:

• Ending FCC Meddling in Our Elections Act - H.R.9913 / S. 4594. This bill was introduced in the Senate by Sens. Mike Lee (R-UT), Cynthia Lummis (R-WY), John Barrasso (R-WY), and Ted Budd (R-NC) on June 18, 2024, and in the House by Reps. Andrew Clyde (R-GA), James Baird (R-IN), Harriet Hageman (R-WY), Claudia Tenney (R-NY), and Doug LaMalfa (R-CA) on Oct. 4, 2024. The measure would “prohibit the Federal Communications Commission from promulgating or enforcing rules regarding disclosure of artificial intelligence-generated content in political advertisements.”

Competition

In the Senate:

• Advertising Middlemen Endangering Rigorous Internet Competition Accountability (AMERICA) Act - S.1073. Introduced by Sens. Mike Lee (R-UT), Amy Klobuchar (D-MN), Ted Cruz (R-TX), Richard Blumenthal (D-CT), Marco Rubio (R-FL), Elizabeth Warren (D-MA), Eric Schmitt (R-MO), Josh Hawley (R-MO), Lindsey Graham (R-SC), JD Vance (R-OH), and John Kennedy (R-LA) on March 30, 2023, this bill would amend the Clayton Act “to prevent conflicts of interest and promote competition in the sale and purchase of digital advertising” by creating transparency and fair access requirements for digital ad companies that process more than $5 billion in digital ad transactions and prohibiting digital ad companies that process more than $20 billion in transactions from “owning more than one part of the digital ad ecosystem.”

Content Moderation, Online Speech, and Section 230

In the House:

• Accountability for Government Censorship Act - H.R. 1162. Introduced by Rep. Scott Perry (R-PA) on Feb. 24, 2023, this bill would mandate the Office of Management and Budget to investigate executive branch employees’ censorship of lawful speech on any platform and disclose findings to Congress. In markup in the House Oversight Committee, the bill was amended to only apply to communications with “interactive computer services” rather than all platforms and added a reporting exception for legitimate law enforcement related to child pornography, human trafficking, controlled substances, or classified national security information.
• Protecting Speech from Government Interference Act - H.R. 140. Introduced by Reps. James Comer (R-KY), Jim Jordan (R-OH), and Cathy McMorris Rodgers (R-WA) on Feb. 28, 2023, this bill would prohibit federal employees from using their authority to advocate for censorship of speech, including speech on third-party platforms or private entities. The bill defines “censorship” as “influencing or coercing, or directing another to influence or coerce, for the removal of lawful speech, the addition of disclaimers, or the restriction of access with respect to any interactive computer service (e.g., social media).” It also applies to executive branch employees acting in an official capacity, and there are exceptions for legitimate law enforcement related to child pornography, human trafficking, controlled substances, or classified national security information. The measure passed the House on a party-line vote by 219 to 206, with all Republicans voting for the bill.

In the Senate:

• Curtailing Online Limitations that Lead Unconstitutionally to Democracy’s Erosion (COLLUDE) Act - S.1525. Introduced by Sen. Eric Schmitt (R-MO) on May 10, 2023, this bill would eliminate Section 230 immunities for tech companies if they “collude with the government to censor free speech.”

In both chambers:

• Free Speech Protection Act - H.R.4791 / S.2425. Introduced by Rep. Jim Jordan (R-OH) and Sen. Rand Paul (R-KY) on July 20, 2023, the pair of bills would ban federal employees from directing online platform providers to censor speech protected under the First Amendment. It also would also require federal agencies to report their communications with providers and prohibit federal funding to grantees related to misinformation or disinformation. Finally, the Disinformation Governance Board would be terminated by statute.

Data Privacy

In the House:

• You Own the Data Act - H.R. 3045. Introduced by Rep. Michael Cloud (R-TX) on May 2, 2023, this bill would “establish a standard that users own their data and that only with a user’s consent can a company collect, share, or retain an individual’s information.” It would also require companies to obtain user consent before collecting their data and create a private right of action for users to sue tech companies.

In the Senate:

• Data and Algorithm Transparency Agreement Act (DATA) Act - S.688. Introduced by Sen. Rick Scott (R-FL) on March 7, 2023, this bill would require internet platforms to inform users of data being collected regarding their habits, traits, preferences, beliefs, or location and require explicit consent to data collection. It would also create a private right of action, establish a ‘right to delete’ for users’ personal data, and prohibit the selling or sharing of data to third parties without a user’s explicit consent.

Digital Crime

In the House:

• Protect Victims of Digital Exploitation and Manipulation Act of 2024 - H.R.7567. Introduced by Reps. Nancy Mace (R-SC), Anna Luna (R-FL), Matt Gaetz (R-FL), and Bob Good (R-VA) on March 6, 2024, this bill would introduce measures to prohibit the production or distribution of digital forgeries of intimate visual depictions without consent, except in specified circumstances such as law enforcement or legal proceedings.

In the Senate:

• Preventing Rampant Online Technological Exploitation and Criminal Trafficking (PROTECT) Act of 2024 - S.3718. Introduced by Sen. Mike Lee (R-UT) on Jan. 31, 2024, this bill would mandate that pornography hosting sites verify the age and identity of content uploaders. It would require these sites to obtain consent forms for individuals in uploaded content, with unauthorized images to be removed within 72 hours, punishable by a civil penalty per day per image. Additionally, the law would criminalize the knowing publication of non-consensual pornographic images, commonly known as “revenge porn,” with provisions allowing victims to seek damages.

Kids Online Safety

In the House:

• Child Online Safety Modernization Act - H.R.5182. Introduced by Rep. Ann Wagner (R-MO), Sylvia Gardia (D-TX), Zachary Nunn (R-IA), Wesley Hunt (R-TX), Byron Donalds (R-FL), Maria Elvira Salazar (R-FL), Blake Moore (R-UT), and Don Bacon (R-NE) on Aug. 8, 2023, this bill would “modernize and enhance” the National Center for Missing and Exploited Children's (NCMEC) CyberTipline, a national record for the reporting of CSAM on the internet maintained by a congressionally-mandated nonprofit. The bill would require platforms to report to the CyberTipline, expand the details required in the report, and expand all mentions of “child pornography” to “child sexual abuse material” in all US federal statutes.

In the Senate:

• Eyes on the Board Act of 2023 - S. 3074. Introduced by Sens. Ted Cruz (R-TX), Ted Budd (R-NC), and Shelley Moore Capito (R-WV) on Oct. 18, 2023, this bill would require schools receiving federal E-Rate or Emergency Connectivity Fund support for broadband to prohibit children from accessing social media on school networks and devices. It would also promote parent-imposed limits on screen time in schools and require implicated districts to enforce screen time policies. The Federal Communications Commission would be charged with creating a database of school internet safety policies.

In both chambers:

• Shielding Children’s Retinas from Egregious Exposure on the Net (SCREEN) Act - H.R.6429 / S.3314. Introduced by Reps. Mary Miller (R-IL) and Doug LeMalfa (R-CA), as well as Sen. Mike Lee (R-UT) in their respective chambers on Nov. 15, 2023, this bill would require all pornographic websites to implement age verification technology to bar children from accessing their content. Measures must be more robust than simple age attestation, such as entering a birthdate. Additionally, the bill creates data security and minimization standards for relevant companies.

Surveillance

In the House:

• Protect Liberty and End Warrantless Surveillance Act (PLEWSA) - H.R.6570. Introduced by Reps. Andy Biggs (R-AZ), Jerrold Nadler (D-NY), Jim Jordan (R-OH), Pramila Jayapal (D-WA), Warren Davidson (R-OH), Sara Jacobs (D-CA), and Russell Fry (R-SC) on Dec. 4, 2023, this bill would require a warrant for all US person searches, impose reforms upon the Foreign Intelligence Surveillance Court, and stop the federal government from purchasing Americans’ data from tech companies without a warrant. It creates limits on surveillance for foreign intelligence, prohibits reverse targeting of US persons, creates requirements for disclosure of relevant information in FISA applications, and increases reporting requirements with annual and quarterly reports. PLEWSA was reported by the House Judiciary Committee 35 to 2 but was never taken up for a full House vote.
• FISA Reform and Reauthorization Act of 2023 - H.R.6611. Introduced by Reps. Michael Turner (R-OH) and Jim Himes (D-CT), this bill would amend the Foreign Intelligence Surveillance Act of 1978 to include restrictions on FBI queries and reauthorize Title VII of the Act. The measure follows the release of a House Intelligence Committee’s November report, which highlights the program’s importance but also outlines the program’s historical misuse by the FBI.
• Reforming Intelligence and Securing America Act - H.R.7888. Introduced by Rep. Laurel Lee (R-FL) on April 9, 2024, this bill would reform and reauthorize the Foreign Intelligence Surveillance Act (FISA) so that it balances national security and privacy concerns when addressing abuses by the intelligence community, such as unwarranted surveillance queries of US persons. It would impose new restrictions on surveillance, including limits on querying collected information and requiring FBI approval for certain queries. Additionally, it would prohibit political involvement in query approvals, mandate sworn statements for surveillance orders, and increase penalties for FISA-related offenses.

TikTok and National Security

In the House:

• China Social Media Reciprocity Act - H.R. 1714. Introduced by Rep. Brian Mast (R-FL) on March 22, 2023, this bill would “authorize the President to impose sanctions by requiring social media companies to block certain individuals and entities from using the company's social media services.”
• Countering CCP Drones Act - H.R. 2864. Introduced by Reps. Elise Stefanik (R-NY) and Mike Gallagher (R-WI) on April 25, 2023, this bill would require the FCC to add Da-Jiang Innovations (DJI) to the FCC Covered List, prohibiting DJI technologies from operating on US communications infrastructure.
• Deterring America’s Technological Adversaries (DATA) Act - H.R. 1153. Introduced by Rep. John Curtis (R-UT) on Feb. 28, 2023, this bill would require the President to investigate TikTok and its parent company, ByteDance, over national security concerns, such as knowingly transferring user data to any “foreign person” under Beijing’s influence and to impose penalties up to a ban if a transfer is discovered. It would also mandate sanctions if the companies are found to have helped Beijing influence US elections or policymaking. The House Foreign Affairs Committee marked up and advanced the bill on March 1, with all Democrats voting no.
• PAID Act of 2024 - H.R.8924. Introduced by Reps. Young Kim (R-CA) and John Moolenaar (R-MI) on July 2, 2024, this bill, formally titled the Protecting American Innovation and Development Act of 2024, would “require the Secretary of Commerce to identify and report on foreign adversary entities using intellectual property related to emerging technology without a license.
• US Data on US Soil Act - H.R.6410. Introduced by Reps. Anna Paulina Luna (R-FL), Mary Miller (R-IL), Ralph Norman (R-SC), and now-retired George Santos (R-NY) on Nov. 14, 2023, this bill would prohibit certain social media platforms from storing data on U.S. nationals in data centers located in a country designated as a foreign adversary (China, Cuba, Iran, Russia, and others). It would also bar government officials from foreign adversary countries from accessing the data.

In the Senate:

• ANTI-SOCIAL CCP Act - S.347. Re-introduced by Sens. Marco Rubio (R-FL) and Angus King (I-ME) on Feb. 9, 2023, this bill would prohibit transactions from social media companies operating in or under the influence of foreign adversaries, including China, Russia, Iran, North Korea, Cuba, and Venezuela. TikTok, ByteDance, and any other of their subsidiaries would be banned from operating in the U.S. under the act.
• Know Your App Act - S.1732. Introduced by Sens. Tim Scott (R-SC), Roger Wicker (R-MS), and James Lankford (R-OK) on May 18, 2023, this bill would mandate that app stores disclose the country from which an application originates and provide a disclaimer to users if an application originates from a “country of concern.”
• The No Funds for Enablers of Adversarial Propaganda Act - S. 941. Introduced by Sens. Mario Rubio (R-FL) and Mike Braun (R-IN), the bill would prohibit federal funding from being granted to individuals or organizations who have any formal relationships with entities headquartered or under the jurisdiction of countries of concern.
• No TikTok on United States Devices Act - S.85. Introduced by Sen. Josh Hawley (R-MO) on Jan. 25, 2023, this bill would ban TikTok nationally, including transactions between US companies and TikTok parent company ByteDance. It would also require the Director of National Intelligence to submit a report to Congress outlining national security threats regarding the use of TikTok.