Tech, communications, and IP policy priorities in a Trump Administration

[Commentary] Under President Donald Trump, technology, communications, and IP policy have an almost “blank slate” quality that I have never before seen. The President and his Administration will have a remarkable opportunity to re-think the policies of several prior Administrations and develop better ones. Here are a few thoughts about how that process could proceed.

Improved cybersecurity will be essential: For too long, on the Internet, basic American rights, including rights to property and privacy, have all but ceased to exist when private or proprietary data is digitized and stored on Internet-connected devices that can be accessed by thieves, “activists,” or foreign governments. That must end.

End “crony capitalism” throughout technology, communications, and IP law and policy: The new Administration wants to end “crony capitalism” — but that term may be too kind. There is no “capitalism” involved in securing a marketplace advantage by using your political influence to buy from the government some unfair advantage for yourself, or some crippling regulation of your direct competitors or producers of complementary goods.

In short, focus on ensuring that private property rights — including IP rights — remain enforceable and enforced, even on the Internet, and consider repealing laws or regulations that attempt to impose one-sided controls on two-sided relationships between businesses that should be expected to settle their differences in the marketplace. These two principles, consistently applied, would do much to improve technology law and policy and reduce regulatory arbitrage.

[Tom Sydnor is a Visiting Fellow with AEI. Previously, he served as Director of the Center for the Study of Digital Property at the Progress & Freedom Foundation.]