What divided control of Congress would mean for President-elect Biden on Tech

While it is not out of the question that California’s tough privacy law plus follow-up action by other states could encourage Congress to enact legislation, working out issues regarding the right to sue and state preemption controversies would be easier with a Democratic President, House, and Senate than divided party control. In the latter situation, Joe Biden would have to find a few Senators willing to buck their party and vote with him to resolve those issues. Such a coalition could happen, but these kinds of negotiations always are lengthy and complicated.

Section 230 reforms may be one of the issues that move forward even in a divided Congress. The reason is both Republicans and Democrats have grievances against Big Tech. Another prime area for congressional action under divided control would be infrastructure investment. President-elect Biden already has discussed his interest in a major bill in this area that would address problems of highways, bridges, dams, broadband, and digital infrastructure. The goal would be to close the digital divide and aid underserved communities through improved broadband. There are agency actions that could make meaningful progress to help vulnerable communities.