Trump is poised to achieve a historic tech legacy

As President-elect Donald Trump retakes the White House, a new day dawns for his legacy within the world of tech. In a moment of exemplary timing, the current woes of the tech industry play perfectly into his signature brand of disruption. Here’s a winning playbook.

First, preserving free speech principles. He has been a strong critic of social media companies' content moderation practices. This criticism is shared by most Americans. A 2024 Pew Research poll found that 83 percent of Americans believe social media giants "censor political viewpoints they disagree with." Indeed, Trump experienced censorship firsthand when he was booted off all major platforms at the end of his first term.

Trump has stated that free speech is the bedrock of our republic. In his new term, he can strengthen this sacred right in classic Trump fashion, by breaking away from both parties' efforts to punish tech companies for their moderation policies — whether for being too lenient (Democrats) or too strict (Republicans).

Such regulations on online speech create a precarious net that may also ensnare his own Truth Social platform or Elon Musk’s X, and penalize their political biases. There are better ways to preserve free speech principles, such as giving people control of their content and data.

Second, championing antitrust. During Trump’s first administration, several landmark antitrust cases against Big Tech were initiated. These include a Department of Justice case against Google and a Federal Trade Commission’s case against Meta.

Today, both cases are front and center. On Aug. 5, Google was found guilty of having an illegal monopoly; on Nov. 20, the Justice Department announced that it is seeking to force Google to spin off Chrome, along with other major changes. A few days later, on Nov. 25, a federal judge determined that the FTC’s antitrust case against Meta will now head to trial on April 14 — despite Meta's countless efforts to delay or dismiss.

This all plays into Trump’s hands. By supporting the breakups of these giants, his actions will reinvigorate the free market, supercharge classic capitalism, and empower the American consumer with more choices than ever.

Trump signaled his support for strong antitrust enforcement on Dec. 10 with his selection of Andrew Ferguson to chair the FTC. Ferguson has stated that he wants the FTC to "continue its strong scrutiny of the dominance of the biggest tech platforms." And on Dec. 4, Trump tapped Gail Slater, economic policy advisor to Vice President-elect JD Vance, to lead the Justice Department’s antitrust division. Notably, Vance has praised current FTC Chair Lina Khan, as recently as July, for “doing a pretty good job,” and he supports breaking up Google.

Coincidentally, a Meta breakup also serves the interests of both Trump and Musk. For the first time, the country has elected a president who owns a social media platform. Meta's breakup will cause a user stampede to smaller platforms like Truth Social, X, Bluesky, Mastodon and others. This will usher in a newly vibrant, competitive social media landscape.

Third, strengthening the free market beyond antitrust enforcement. As a pro-business capitalist, there are several avenues the incoming president can take that will revitalize the tech marketplace.

During his first term, President Trump criticized Section 230 of the Communications Decency Act, which has been the internet’s linchpin since 1996. He contended that revoking it would bolster free speech and rein in Big Tech. With the benefit of insights gleaned in-between Trump's two terms, today he can pivot to supporting 230 for exactly those purposes. Here's why.

Revoking Section 230 would likely trigger a censorship overcorrection. Tech platforms, desperate to avoid potential lawsuits, would scrub their sites of even mildly contentious content. Ironically, this would become a windfall for tech giants such as Meta and Google. Their businesses would be unimpeded, while smaller platforms like Truth Social, Bluesky and Mastodon, without deep pockets or armies of lawyers, would be crushed by legal fees.

In a similar vein, Trump can champion legislation to break down Big Tech's walled gardens via data and content interoperability. For instance, the bipartisan ACCESS Act mandates that platforms with over 100 million active users provide their users the ability to port their data to other platforms. In step, the inventor of the web, Sir Tim Berners-Lee, has created the technology and protocol for data interoperability, "Solid Pods." This could become a legislated standard. These are also the best remedies to preserve free speech online, sidestepping any one platform’s ability to control your content.

Fourth, supporting historic protections for kids and privacy. On Nov. 22, Trump signaled his strong support for protecting kids by selecting family and emergency medicine physician Janette Nesheiwat as his Surgeon General. Nesheiwat made headlines recently for calling to ban social media for kids and teens. This dovetails with recent moves by Australia’s government, which on Nov. 28 ruled that social media platforms must prohibit kids under 16. Notably, Trump and Australian Prime Minister Anthony Albanese have a “very good” relationship.

Here's the perfect jumpstart for the incoming president: The U.S. Congress has fresh bipartisan momentum that Trump can push across the finish line (and take credit for doing so). In July, in a resounding 91 to 3 vote, the Senate passed the Kids Online Safety Act and the Children and Teens' Online Privacy Protection Act. Currently in the hands of the House, these would constitute the most comprehensive legislation to protect children online in American history.

In tandem, there are indications that President Trump in his second term will be supportive of strong data privacy rights for kids and Americans of all ages. This past April, during the debate around the reauthorization of FISA Section 702 — which has allowed the government to spy on the digital communications of countless American citizens — Trump came out strongly against it.

The U.S. is currently the sole G-20 outlier without a national privacy law. A promising piece of legislation, the American Privacy Rights Act, is already on the table. It enjoys rare bipartisan backing from both congressional chambers. Passing this bill would enshrine Trump as a privacy hero.

Fifth, enforcing significant penalties for violations. Tech giants have long treated regulatory fines as mere operational expenses. Meta’s valuation notably increased the day the FTC announced its $5 billion fine for mishandling 220 million Americans's data in the Cambridge Analytica scandal, for instance. As he retakes office, Trump can turn up the volume, making sure new legislation has sharper teeth. Legislation similar to the U.K.'s Online Safety Act would create liability for companies and charge their executives with jail time for intentional violations of laws protecting kids, users and data privacy. It’s time to get tough with tech lawbreakers and protect Americans.

Trump’s reelection presents a turning point for the world of tech. The incoming administration has the influence, momentum and wherewithal to lead a historic tech transformation that will benefit generations of Americans.

Mark Weinstein is a tech thought leader, privacy expert, and one of the inventors of social networking. He is the author of "Restoring Our Sanity Online: A Revolutionary Social Framework" (Wiley, 2024).

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