Artificial intelligence harms, problematic social media content, data privacy violations – the issues are the same, but the policymakers and regulators who deal with them are about to change.
As the federal government transitions to a new term under the renewed leadership of Donald Trump, the regulatory landscape for technology in the United States faces a significant shift.
The Trump administration’s stated approach to these issues signals changes. It is likely to move away from the civil rights aspect of Biden administration policy toward an emphasis on innovation and economic competitiveness. While some potential policies would pull back on stringent federal regulations, others suggest new approaches to content moderation and ways of supporting AI-related business practices. They also suggest avenues for state legislation.
I study the intersection of law and technology. Here are the key tech law issues likely to shape the incoming administration’s agenda in 2025.
AI regulation: innovation vs. civil rights
The rapid evolution of AI technologies has led to an expansion of AI policies and regulatory activities, presenting both opportunities and challenges. The federal government’s approach to AI regulation is likely to undergo notable changes under the incoming Trump administration.
The Biden administration’s AI Bill of Rights and executive order on AI established basic principles and guardrails to protect safety, privacy and civil rights. These included requirements for developers of powerful AI systems to report safety test results, and a mandate for the National Institute of Standards and Technology to create rigorous safety standards. They also required government agencies to use AI in responsible ways.
Unlike the Biden era, the Trump administration’s deregulatory approach suggests a different direction. The president-elect has signaled his intention to repeal Biden’s executive order on AI, citing the need to foster free speech. Trump’s nominee to head the Federal Trade Commission, Andrew Ferguson, has echoed this sentiment. He has stated his opposition to restrictive AI regulations and the adoption of a comprehensive federal AI law.
AI policy experts discuss likely changes in federal regulation of technology in the Trump administration.
With limited prospects for federal AI legislation under the Trump administration, states are likely to lead the charge in addressing emerging AI harms. In 2024, at least 45 states introduced AI-related bills. For example, Colorado passed comprehensive legislation to address algorithmic discrimination. In 2025, state lawmakers may either follow Colorado’s example by enacting broad AI regulations or focus on targeted laws for specific applications, such as automated decision-making, deepfakes, facial recognition and AI chatbots.
Data privacy: federal or state leadership?
Data privacy remains a key area of…
