What Would a Kamala Harris Presidency Mean for Tech Policy?

By ABBY BURKE

Vice President Kamala Harris’s recent designation as the Democratic nominee for the US presidency has the tech world abuzz. As the former self-described “top cop” of California—the most populous US state and the epicentre of the global tech industry—Harris has a complex history with the sector. Luckily, she didn’t, as she memorably referenced, just “fall out of a coconut tree”, so we have something to go on.

Understanding how a Harris presidency could shape the digital landscape requires looking at her career “in the context” of the Internet’s evolution, her rise in public office, and (most importantly) how her plans align with the electorate’s wishes.

What are Harris’ Tech Credentials?

Kamala Harris, who will be 60 years old on Inauguration Day, is part of a generation whose professional lives unfolded alongside the rise of the Internet. Throughout her career, she formed deep ties to Silicon Valley. Her brother-in-law, Tony West, serves as Uber’s chief legal officer, and she has maintained close relationships with industry leaders like former Meta executive Sheryl Sandberg and investor Reid Hoffman. The tech industry supported her 2020 campaign generously, and her 2024 candidacy has been celebrated by high-profile industry players like Netflix executive chairman Reed Hastings.

As California’s Attorney General in the early 2010s, she established an eCrime Unit to prosecute tech-related crimes like identity theft and data breaches, and she investigated how the internet facilitated human trafficking. In 2012, she brokered an agreement with major mobile app platforms like Amazon, Apple, and Google to include clear privacy policies in their apps. 

Over this period, Harris’s strategy for addressing tech industry challenges was a mix of ‘carrot’ and ‘stick’. She expressed that safer online spaces were in tech companies’ self-interest –  unsafe environments drove users away, hurting companies financially — and she would convene tech companies and outside experts for meetings to tackle pressing issues.  In 2015, she brought together tech executives, victim advocates, and experts for a meeting about ‘revenge porn.’ Following this, Twitter banned nonconsensual intimate content, and Google agreed to remove explicit photos from Search upon request. 

While Harris refrained from directly targeting companies like Facebook (now Meta) and Google with legal action, she prosecuted smaller sites like Backpage.com in several high-profile cases about online sexual exploitation. These lawsuits challenged Section 230 of the 1996 Communications Decency Act, which shields online platforms from liability for the user-generated content they host. Critics argued her tactics threatened freedom of expression, but Harris maintained they were necessary to prevent exploitative crimes.

After a quieter period on tech policy in the Senate, marked primarily by her questioning of Meta executives in the wake of the Cambridge Analytica scandal, Harris became Vice President.

As VP, she emerged as the Biden administration’s leading voice on AI policy, bringing together executives from OpenAI, Microsoft, Google, and Anthropic at the White House to establish voluntary safety standards for AI. The administration also issued an executive order to regulate federal use and development of AI, although congressional action remained limited, leaving the tech industry with considerable freedom.

Harris’s commitment to shaping global norms for AI governance was particularly evident during a high-profile visit to the UK in November 2023. She delivered a speech at the US embassy in London that underscored the importance of addressing immediate harms like algorithmic bias and signalled that the US would take a proactive role in setting international standards for AI technology.

What Do the American Electorate Want?

In May, Public First surveyed over 1,000 US adults about their views on technology, with a focus on artificial intelligence (AI). 

A majority (61%) of US adults are optimistic about the future impact of technology, rising to three-fourths (74%) of those aged 25-34. When asked to list the most important potential benefits of AI, US adults highlighted accelerating scientific advancement (26%), taking over the unpleasant parts of jobs (25%), and making it easier to detect emerging health conditions (24%).

However, this enthusiasm is tempered by a cautious awareness of AI’s rapid development and potential harms: over half (51%) of US adults feel AI is progressing faster than anticipated, and the majority expressed worries about AI’s potential to spread misinformation (72%), aid cybercrime (71%), and increase unemployment (69%).

Amid these concerns, there is a strong demand for regulatory measures to mitigate AI’s risksWhat Does This All Mean for Tech Policy Under a Harris Presidency?

A Harris presidency is likely to continue many of the tech policy initiatives begun during the Biden administration, including the US AI Safety Institute and ongoing Federal Trade Commission (FTC) investigations. Harris would likely continue to position the US as a leader in setting global standards for AI, particularly around ‘present day’ risks like algorithmic bias. These policies are likely to be popular with the public, the majority of whom support a host of new safeguarding requirements. Her campaign also supports the recent law passed by Congress and spearheaded by the Biden administration requiring ByteDance to sell TikTok to a US company or be banned from US app stores. 

However, it’s expected that Harris will strike a slightly friendlier tone towards tech companies than the Biden administration and may be less eager to pursue serious changes to their business models. Harris has strongly emphasised that innovation and safety are not mutually exclusive, and she is likely to encourage tech industry development while pushing for increased safeguards. 

Recently, the New York Times reported that Harris has “expressed scepticism of [FTC Chair] Ms. Khan’s broad antitrust approach,” and prominent Democratic donor and tech leader Reid Hoffman has publicly called for Khan’s removal. It’s unclear whether Harris will heed these calls, but it is clear she has historically favoured a collaborative relationship with big tech companies over major legal or legislative action.

While Harris has the tech policy experience to address many pressing online challenges effectively, her ability to balance innovation with safety, free expression, and privacy will be crucial for gaining the public’s trust and support.