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Issue Brief

💻 Tech Regulation

Congress is grappling with regulating Big Tech — from antitrust enforcement to children's online safety, AI governance, and whether Section 230 liability protections still make sense. Here are the facts.

📊 Key Facts

0
Federal consumer data privacy laws in the U.S. — one of few developed nations without one
Source: IAPP, 2024
$3T+
Combined market cap of Apple, Microsoft, Google, Amazon, Meta (2024)
Source: Yahoo Finance, 2024
230
Section 230 of the Communications Decency Act (1996) — shields platforms from liability for user content
Source: 47 U.S.C. § 230
2024
Year federal judge ruled Google held an illegal monopoly in online search (DOJ v. Google)
Source: U.S. District Court, D.C., Aug 2024
95%
U.S. teens who use YouTube; 67% who use TikTok daily (Pew, 2023)
Source: Pew Research Center, 2023
KOSA
Kids Online Safety Act — passed Senate 91–3 (2024), requires platforms to protect minors from harmful content
Source: Congress.gov, S.1409

🏛️ Where Congress Stands

🔵 Democratic Position

  • Support stricter antitrust enforcement against Big Tech monopolies
  • Back federal data privacy legislation with strong consumer rights
  • Support children's online safety requirements (KOSA)
  • Some want to reform or narrow Section 230 protections
  • Favor FTC and DOJ oversight of AI development and deployment

🔴 Republican Position

  • Support antitrust action against Big Tech, often citing perceived anti-conservative bias
  • Back children's online safety legislation (bipartisan support for KOSA)
  • Some want to reform Section 230 to hold platforms accountable for political censorship
  • Generally favor light-touch AI regulation to maintain U.S. competitiveness
  • Support TikTok ban or forced sale over national security concerns

🗳️ Recent Congressional Votes

Bill / VoteYearDem Yes %Rep Yes %Outcome
Kids Online Safety Act — KOSA (S. 1409)
Requires platforms to enable safety settings by default for minors; restricts harmful content algorithms
2024 100% 97% ✅ Passed Senate 91–3
Protecting Americans from Foreign Adversary Controlled Applications Act (TikTok ban)
Force ByteDance to divest TikTok or face U.S. ban
2024 78% 87% ✅ Signed into law
American Innovation and Choice Online Act (S. 2992)
Prohibit dominant platforms from self-preferencing their own products
2022 72% 63% ❌ Passed committee, died Senate floor
American Data Privacy and Protection Act (H.R. 8152)
Establish first federal consumer data privacy law
2022 83% 89% ❌ Passed committee, died Senate floor