Congress zooms in on tech content

• The content push comes as antitrust action from the Hill looks considerably less likely and various worries about tech outside of size and dominance boil over — including the rise of generative AI applications by major tech platforms.

Driving the news: So far in 2023, Congress has held one hearing on antitrust, a handful touching on alleged Big Tech bias (with another coming up this week), one on Section 230 and content moderation and a blockbuster hearing with TikTok CEO Shou Zi Chew.

• Sources tell Axios they expect bills such as the Kids Online Safety Act, the American Data Privacy and Protection Act, and the EARN IT Act to be reintroduced in the coming weeks.

Details: Axios surveyed a number of lawmakers who lead pertinent tech committees to ask what their priorities around content are this session.

• Sen. Richard Blumenthal's office told Axios he'd be heavily focused on Section 230 reform and getting KOSA reintroduced and passed, along with privacy, civil rights and the impact of emerging technologies.
• Sen. John Hickenlooper "believes we need to come together to pass bipartisan legislation that protects kids online, ensures consumers’ rights to data privacy, and increases online content moderation transparency under Section 230," an aide to the new leader of the Senate Commerce consumer protection subcommittee told Axios.
• Sen. Marsha Blackburn, Republican ranking member of the same subcommittee, is focused on getting KOSA passed along with the Open App Markets Act, a spokesperson said.
• Energy and Commerce Chair Cathy McMorris Rodgers' priorities include addressing children's safety online and passing a comprehensive privacy bill — something she made apparent during last week's TikTok hearing.

What they're saying: "The large companies are happy to talk about anything right now other than competition," Nu Wexler, a partner at Seven Letter and veteran of several Big Tech companies, told Axios. "Privacy and competition are important, but they’re hard to explain. Everyone has opinions about content."

• "Congress has the muscle memory to be like 'I see something bad online. I will have a hearing about it, and drag some executives and some experts who say tech is bad in front of us to talk about it,'" one tech industry insider told Axios, adding that generative AI is a likely area of exploration.

The big picture: People are mad about tech's impact on mental health, especially for kids and teens, and its role in spreading misinformation.

• Feeling regulatory pressure from Europe, federal agencies, the states and Congress, platforms are rolling out new guidelines, touting work on children's privacy and mental health, and being more transparent than ever about their algorithms.

Flashback: It's a notable change from when social media platforms first started getting heat on Capitol Hill and information about how companies made content decisions was hard to come by, and contrition by tech CEOs was rare.

• "In 2023, tech platforms are way more willing to say 'We make mistakes sometimes,' and they lead with that," Emma Llansó, director of the Free Expression Project at the Center for Democracy and Technology, told Axios.
• "The macro trend is they're starting to be more transparent about how a lot of their systems work, because questions and concerns have only continued to proliferate," Bruce Mehlman of Mehlman Castagnetti Rosen & Thomas told Axios.

What to watch: "In general, we'll also continue to see the fundamental disagreement between Democrats and Republicans about whether the problem is that online services don't do enough or do too much to address problematic content on their services," Llansó said.

• "That's part of why my bet is on kids-related issues to see any chance of movement, since that has historically been an area where they're able to come to bipartisan agreements."
• Congress may also be forced into finally tackling Section 230 reform or clarification, depending on how the Supreme Court rules in Gonzalez v. Google.