Judges, not lawmakers, are setting 2023's tech policy

Congress' stall on technology policy is empowering courts to handle important decisions about everything from liability to content moderation. Technology moves faster than Congress can keep up with, and in the absence of new laws, lasting decisions about tech regulation are being determined by judges and courts across the country. Federal agencies, state governments, and attorneys representing different interests and motives for trying to regulate the tech industry are pushing cases forward. A high-profile instance came last week when the Supreme Court heard two major arguments about liability protections for user content that longstanding federal law grants to tech platforms. There's widespread agreement this is not an ideal way of determining tech policy. Lawsuits are expensive and time-consuming and can muddy as much as they clarify. Industry and consumer advocates such as pro-privacy groups would all rather see Congress step in than hope that a court will interpret current law to their preference. Overall, Congress missed a big opportunity to pass comprehensive tech policy legislation last year, before Republicans took control of the House of Representatives. With the Senate still in Democrats' hands, consensus will be even harder to come by — making the courts' role even more consequential.