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Chronicles

The story behind the story

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Congressional hearings with tech CEOs and execs in the past few years have yielded no new laws amid partisan divides over issues like privacy and misinformation

Holding a hearing that humbles the most powerful business executives in the world is much easier than legislating. Tweets: @ceciliakang , @brandyzadrozny , @colincrowell , @nytpolitics , @nytimesbusiness , @carnage4life , @davidclinchnews , and @jkosseff Tweets: Cecilia Kang / @ceciliakang : NEW: Scores of Tech CEO hearings (including this week) have resulted in zero new laws. It turns out, holding hearings to humble the world's most powerful Tech CEOs is much easier than legislating via @NYTimes https://www.nytimes.com/... Brandy Zadrozny / @brandyzadrozny : It's almost as if none of this matters https://twitter.com/... Colin Crowell / @colincrowell : Depends on whether the hearings are for legislative inquiry, or media theater. In general, Congress legislates when there is general consensus on 2 things: 1) what the problem is that needs addressing, and 2) on the remedy. We don't yet see consensus on either 1 or 2. https://twitter.com/... @nytpolitics : News Analysis: It used to be the case that the lack of regulation of technology companies was because elected officials didn't understand the internet. But now, new questions about technology get mapped onto increasingly intractable political divides. https://www.nytimes.com/... @nytimesbusiness : Tech CEOs once again traveled to Washington to defend their businesses, but while lawmakers finally understand Silicon Valley, partisanship threatens to stall regulation. https://www.nytimes.com/... Dare Obasanjo / @carnage4life : Years of tech CEOs interrogated in televised hearings in Congress have generated no new laws. The entire purpose of these spectacles seems to be generating Twitter dunks for politicians bases. Meanwhile EU & Asian countries pass laws which impact US users https://www.nytimes.com/... David Clinch / @davidclinchnews : Legislators have spent years asking the wrong questions and proposing the wrong legislation. There are relatively simple solutions to many of the issues related to antitrust, data safety and harmful content, with no need for changes to Section 230. https://twitter.com/... Jeff Kosseff / @jkosseff : Great article. A cynic might conclude that policymaking is not the goal of these hearings. https://twitter.com/...

New York Times Cecilia Kang

Context & Ripple Effects

The pattern here is old enough to have its own critics. Reviewers flagged Sundar Pichai's 2018 appearance before Congress as another entry in a line of hearings where lawmakers showed limited command of the subject and executives stayed evasive, and Bloomberg argued at the time that both sides were failing the public by pointing fingers instead of working toward solutions.

What the Times adds is the scorecard: years of hearings, including this week's, have produced zero new laws. The 2020 House session went further sideways — executives spent it arguing that the evidence collected wasn't really evidence, a dynamic captured in coverage of the hearing that felt like gaslighting. Meanwhile, per the reporting's framing, EU and Asian governments have passed laws that reach US users while Washington has not.

First-order effects

  • US tech companies keep operating under no new federal constraints on privacy or misinformation, with congressional oversight functioning as spectacle rather than rule-making.

Second-order effects

  • With Congress stalled on partisan divides over privacy and misinformation, EU and Asian legislation becomes the de facto rulebook shaping how US platforms treat American users.

Third-order effects

  • If the pattern holds, jurisdiction over US platform behavior migrates to foreign legislatures by default, leaving contested questions like Section 230 settled elsewhere while hearings remain the domestic output.

The trend: US tech governance is drifting from domestic lawmaking toward rules imported via foreign regulators, as congressional hearings substitute for legislation.

Discussion

  • @ceciliakang Cecilia Kang on x
    NEW: Scores of Tech CEO hearings (including this week) have resulted in zero new laws. It turns out, holding hearings to humble the world's most powerful Tech CEOs is much easier than legislating via @NYTimes https://www.nytimes.com/...
  • @brandyzadrozny Brandy Zadrozny on x
    It's almost as if none of this matters https://twitter.com/...
  • @colincrowell Colin Crowell on x
    Depends on whether the hearings are for legislative inquiry, or media theater. In general, Congress legislates when there is general consensus on 2 things: 1) what the problem is that needs addressing, and 2) on the remedy. We don't yet see consensus on either 1 or 2. https://twi…
  • @nytpolitics @nytpolitics on x
    News Analysis: It used to be the case that the lack of regulation of technology companies was because elected officials didn't understand the internet. But now, new questions about technology get mapped onto increasingly intractable political divides. https://www.nytimes.com/...
  • @carnage4life Dare Obasanjo on x
    Years of tech CEOs interrogated in televised hearings in Congress have generated no new laws. The entire purpose of these spectacles seems to be generating Twitter dunks for politicians bases. Meanwhile EU & Asian countries pass laws which impact US users https://www.nytimes.com/…
  • @nytimesbusiness @nytimesbusiness on x
    Tech CEOs once again traveled to Washington to defend their businesses, but while lawmakers finally understand Silicon Valley, partisanship threatens to stall regulation. https://www.nytimes.com/...
  • @davidclinchnews David Clinch on x
    Legislators have spent years asking the wrong questions and proposing the wrong legislation. There are relatively simple solutions to many of the issues related to antitrust, data safety and harmful content, with no need for changes to Section 230. https://twitter.com/...
  • @jkosseff Jeff Kosseff on x
    Great article. A cynic might conclude that policymaking is not the goal of these hearings. https://twitter.com/...