Legal Sidebari
Regulating Big Tech: CRS Legal Products for
the 118th Congress
December 29, 2022
In recent years, some Members of Congress have expressed interest in expanding regulation of the major
technology companies, often referred to as “Big Tech.” Members have introduced a wide variety of
proposals intended to achieve a number of distinct goals. Some proposals have focused on competition
concerns and sought to amend antitrust and consumer protection laws. Some have targeted data protection
and privacy. Some have focused on social media companies’ content moderation practices, addressing
sometimes conflicting concerns about the circulation of harmful content and the removal of lawful
content. Finally, some have weighed in on the debate over net neutrality.
Commentators have predicted that the 118th Congress will consider legislative action on these issues. This
Legal Sidebar compiles CRS products discussing legal issues related to regulating Big Tech. The text of
this Sidebar focuses on proposals to regulate Big Tech, but as the linked products discuss, some Members
have also argued against these regulatory proposals. A CRS Report in development is to more broadly
discuss science and technology issues in the 118th Congress and include links to CRS products discussing
policy issues. Please contact Valerie Brannon or the authors of the following products with questions
about these issues.
Antitrust
Antitrust laws are designed to protect economic competition. In recent years, some Members of Congress
have expressed concern about the competitive practices of Big Tech firms and have introduced bills
specifically addressing competition issues in the digital economy.
CRS In Focus IF11234, Antitrust Law: An Introduction, by Jay B. Sykes
CRS Report R45910, Antitrust and “Big Tech”, by Jay B. Sykes
CRS Report R46875, The Big Tech Antitrust Bills, by Jay B. Sykes
CRS Report R47228, The American Innovation and Choice Online Act, by Jay B. Sykes
Congressional Research Service
https://crsreports.congress.gov
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CRS Legal Sidebar
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Content Moderation
Some Members of Congress have raised concerns about social media platforms’ content moderation
practices, meaning platforms’ decisions about what user speech to host or promote. Members have argued
variously that online platforms do not do enough to combat harmful content and that platforms take down
too much lawful content. One legislative focus has been amending a federal law known as Section 230,
which courts have generally applied to grant platforms significant immunity for their decisions to host or
restrict third-party content. Other proposals have more directly targeted specific types of harmful content
or content moderation practices. These proposals may implicate constitutional free speech issues, as
discussed in the following products.
Section 230
CRS Report R46751, Section 230: An Overview, by Valerie C. Brannon and Eric N. Holmes
First Amendment
CRS Report R45650, Free Speech and the Regulation of Social Media Content, by Valerie C. Brannon
CRS Legal Sidebar LSB10748, Free Speech Challenges to Florida and Texas Social Media Laws, by
Valerie C. Brannon
CRS Legal Sidebar LSB10393, Appeals Court Says First Amendment Limits Regulation of Online
Political Advertising: Implications for Congress, by Valerie C. Brannon and L. Paige Whitaker
CRS Legal Sidebar LSB10742, Online Content Moderation and Government Coercion, by Valerie C.
Brannon and Whitney K. Novak
CRS In Focus IF11072, The First Amendment: Categories of Speech, by Victoria L. Killion
CRS Report R47049, Children and the Internet: Legal Considerations in Restricting Access to Content,
by Eric N. Holmes
CRS Report R45713, Terrorism, Violent Extremism, and the Internet: Free Speech Considerations, by
Victoria L. Killion
CRS In Focus IF12180, False Speech and the First Amendment: Constitutional Limits on Regulating
Misinformation, by Valerie C. Brannon
CRS Legal Sidebar LSB10723, Federal Civil Action for Disclosure of Intimate Images: Free Speech
Considerations, by Victoria L. Killion
Data Protection and International Data Flows
Some Members of Congress have expressed concern about how Big Tech companies protect the data
companies gather from users and have introduced a number of data protection bills focused on privacy
and security. In recent years, the federal government has also focused on interactions with other
countries—notably, working to meet standards prescribed by the European Union.
CRS In Focus IF11207, Data Protection and Privacy Law: An Introduction, by Stephen P. Mulligan and
Chris D. Linebaugh
CRS Report R45631, Data Protection Law: An Overview, by Stephen P. Mulligan and Chris D.
Linebaugh
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CRS Legal Sidebar LSB10776, Overview of the American Data Privacy and Protection Act, H.R. 8152,
by Jonathan M. Gaffney, Eric N. Holmes, and Chris D. Linebaugh
CRS In Focus IF12244, Unfair or Deceptive Acts or Practices (UDAP) Enforcement Authority Under the
Federal Trade Commission Act, by Eric N. Holmes
CRS Legal Sidebar LSB10839, FTC Considers Adopting Commercial Surveillance and Data Security
Rules, by Chris D. Linebaugh
CRS Legal Sidebar LSB10846, The EU-U.S. Data Privacy Framework: Background, Implementation,
and Next Steps, by Eric N. Holmes
CRS Report R46724, EU Data Transfer Requirements and U.S. Intelligence Laws: Understanding
Schrems II and Its Impact on the EU-U.S. Privacy Shield, by Chris D. Linebaugh and Edward C. Liu
Cross-Border Investment and Commercial Transactions
Several legal frameworks allow the United States to evaluate national security and foreign policy risks
posed by private commercial transactions involving technology companies. Through export controls,
economic sanctions, the Committee on Foreign Investment in the United States, and sector-specific
review bodies, the executive branch has authority to review a wide range of commercial dealings, which
often include tech-related transactions. Some Members of Congress have proposed expanding these
frameworks to address transactions not captured under existing structures, but these proposals can raise
legal issues about the programs’ structure and operations.
CRS Legal Sidebar LSB10848, National Security Review Bodies: Legal Context and Comparison, by
Stephen P. Mulligan and Chris D. Linebaugh
CRS In Focus IF11760, The Information and Communications Technology and Services (ICTS) Rule and
Review Process, by Stephen P. Mulligan
CRS Report R46693, Huawei and U.S. Law, by Stephen P. Mulligan and Chris D. Linebaugh
Net Neutrality and Common Carrier Classification
Net neutrality generally refers to the idea that internet service providers should neither control how
consumers use their networks nor discriminate among the content providers that use their networks. The
Federal Communications Commission has gone back and forth on whether broadband internet access
service (BIAS) should be classified as a common carrier and subject to net neutrality requirements.
Members of Congress have sometimes sought to weigh in on this debate with legislative classifications of
BIAS providers. Further, in recent years, some Members have suggested extending a common-carrier-like
nondiscrimination obligation to social media companies.
CRS Report R46973, Net Neutrality Law: An Overview, by Chris D. Linebaugh
Author Information
Valerie C. Brannon, Coordinator
Legislative Attorney
Congressional Research Service
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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
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as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the
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