The decision is widely expected to invite challenges of other rules set by government agencies.
could dampen efforts by federal agencies to rein in the tech industry, which went largely unregulated for decades as the government tried to catch up to changes wrought by the internet.
Biden’s picks for the five-member Federal Communications Commission have also been pursuing stronger “net neutrality” protections banning internet providers from slowing down or blocking access to websites and applications that don’t pay for premium service. Givens is among the tech advocates calling for Congress to act with urgency to make laws protecting digital privacy and other tech matters. But she said laws typically stay on the books for decades, and it’s unrealistic to expect Congress to weigh in on every new technical development that questions an agency’s mandate.
Khan “hasn’t really been someone who pursues soft measures, so it may be a damn-the-torpedoes approach,” Chilson said. The ruling could dampen the appetite for agencies like the FTC to act to limit harm from artificial intelligence and other new technologies. It could have less effect on new rules that are more clearly in the realm of the agency imposing them.
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