As Joe Biden took office as the President of the United States, digital rights organizations called for him and lawmakers to limit the influence of technology companies and protect consumers’ online privacy.
Advocacy groups are pressing for a ban on facial recognition technology on Biden’s first day, arguing that it can lead to discriminatory law enforcement practices. They also urge that individuals with strong ties to major tech firms should not be appointed to key positions within his administration.
“We are eager to see President-elect Biden take action to enhance privacy protections and hold tech companies accountable for their misuse of consumer data,” stated Jane Chung, an advocate from Public Citizen. “We require regulators who prioritize the interests of consumers, workers, and marginalized communities over corporate interests.”
Concerns about privacy are growing, fueled by data breaches and public unease over the collection and use of personal information. US regulators have recently levied significant fines against companies like Facebook and Google’s YouTube for privacy infractions.
Public Citizen, along with ten other digital rights and racial justice organizations, is advocating for the establishment of an independent Data Protection Authority and support for a federal privacy law during Biden’s first 100 days in office.
The United States currently lacks a comprehensive digital privacy law. However, both Democratic and Republican lawmakers proposed legislation in 2019 aimed at protecting consumers and ensuring that companies only gather essential personal data for their intended purposes. California’s privacy law, enacted in 2018, is often cited as a model for a potential federal framework and was negotiated with the tech industry by Biden’s Chief of Staff, Bruce Reed.
Regulating Big Tech Before Donald Trump left the presidency, his departing antitrust chief urged Congress to enact legislation that would impose new limitations on mergers involving dominant companies, mirroring previous proposals from House Democrats.
Makan Delrahim, who was in charge of the Justice Department’s antitrust division, indicated that the division is drafting legislation aimed at making it more challenging for large companies to acquire smaller firms that could threaten future competition.
“My objective is to establish a clear rule for parties and courts,” Delrahim remarked in a speech on Tuesday, referring to legislation considered straightforward by legal experts. He added that new merger laws could effectively address excessive market concentration.
Delrahim’s comments signal support from a Republican official for proposals made by House Democrats last year. An antitrust panel investigating major tech companies had called for new regulations to restrict acquisitions by dominant firms, particularly in the tech sector.
Digital rights organizations are closely monitoring Biden’s selections for technology-related positions, as antitrust enforcement has become a focal point for his transition team. The Department of Justice (DOJ) has filed a lawsuit against Google, accusing the company of monopolizing search and advertising markets, while the Federal Trade Commission is also pursuing antitrust action against Facebook.
Concerns Over Appointments Google has denied any wrongdoing, claiming that its search engine and other products are preferred by consumers. Facebook’s general counsel has argued that antitrust laws should not be used to penalize “successful companies,” asserting that the success of WhatsApp and Instagram is a result of Facebook’s investments.
Renata Hesse, who has held various roles at the Justice Department and has worked on matters involving Amazon and Google, is among the leading candidates for a top antitrust position.
On Monday, 40 advocacy groups sent a letter to Biden urging him to refrain from appointing individuals with past connections to Amazon, Apple, Facebook, and Google to key antitrust enforcement roles.
The Biden transition team has not yet responded to requests for comment.
Some privacy advocates believe that strong antitrust investigations are vital for enhancing digital privacy for consumers. “We need individuals at the DOJ who will thoroughly examine the tech industry and advance ongoing antitrust investigations and lawsuits,” stated David Segal, head of Demand Progress, a digital rights organization that signed the letter.
Global Regulatory Landscape Other countries are also tightening regulations on large tech companies. Google is currently under scrutiny from the European Union, just two years after antitrust regulators concluded nearly a decade of investigations resulting in $9 billion in fines.
The European Commission is now investigating Google’s practices within the “advertising technology value chain,” focusing on its interactions with advertisers, publishers, and competitors. Additionally, regulators are looking into how Google collects, processes, and monetizes data gathered from tracking online user behavior.
