Post-Election Q&A with Alysa Hutnik
A breakdown on what the upcoming Republican administration means for Ethical Tech.
ETP: The GOP has won both the White House and Senate, with the House still undecided but leaning Republican. What does this shift in leadership mean for privacy legislation and enforcement?
Alysa Hutnik: It's the question on everyone's mind, really. To start, we need to look at committee leadership. Kathy McMorris Rodgers, who chaired the Energy and Commerce Committee and co-sponsored APRA, didn’t seek re-election. If Republicans take the House, we don’t yet know who will replace her, but there’s significant pressure from the Chamber of Commerce for comprehensive federal privacy legislation. This push for federal regulation is unlikely to lose momentum just because the GOP is now in power. In fact, it might drive more Republicans to support it.
In the Senate, Texas Senator Ted Cruz is now the ranking member of the Senate Commerce, Science, and Transportation Committee. Texas has its own comprehensive privacy law, so Cruz could be motivated to use it as a model for a national standard. However, passing this through committee would require bipartisan support. A federal privacy law will need compromise on both sides—something we haven’t seen fully materialize yet.
ETP: When state privacy laws first emerged, there was a tendency to generalize that Red states had weaker regulations. You mentioned Texas as an exception. Would you say it’s a strong law?
Alysa Hutnik: There are two main ways to measure impact: the strength of the law itself and the state’s enforcement level. Texas’s privacy law is both robust and comprehensive, and the state’s Attorney General has built a large team to enforce it. From what I’ve seen personally, Texas is actively enforcing this law, possibly even rivaling California in terms of investigation volume.
ETP: A major issue on the table now is preemption. If Cruz and the GOP manage to pass a federal privacy law based on Texas’s model, would that override existing frameworks like California’s?
Hutnik: Preemption is a major issue. The Chamber of Commerce argues that a federal law would simplify things, reducing the compliance burden of a state-by-state patchwork, especially for smaller businesses. So yes, preemption will likely be a focal point in these discussions.
ETP: What about the intersection of privacy and AI, particularly with personal data used to train AI models?
Hutnik: AI stands apart somewhat. The new administration has a strong pro-business, pro-innovation stance, especially given Elon Musk’s influence. I doubt we’ll see significant regulation on AI anytime soon. However, with a spotlight on content moderation and censorship—both driven by algorithmic decisions—there could still be scrutiny around how AI impacts these areas. But I wouldn’t expect sweeping FTC regulations, given that Republican-led FTCs historically take a lighter approach.
ETP: Speaking of the FTC, Lina Khan’s term ends in September. Is her departure inevitable?
Alysa Hutnik: Traditionally, a change in administration prompts the FTC chair to resign before inauguration. Musk isn’t a fan of Khan, and neither is the Chamber, although J.D. Vance does support her. That probably won’t be enough to keep her in place. The main questions are when she’ll resign and who will replace her. It took a while for the previous Trump administration to make appointments, but this time the transition seems more organized. I anticipate that whoever is appointed will focus on antitrust and deal-making over consumer protection.
ETP: Lastly, what’s in store for the FTC’s stance on surveillance capitalism?
Alysa Hutnik: I think serious scrutiny of surveillance capitalism is unlikely. Targeted advertising might still see some attention, especially in health. If we look at past FTC actions under Trump, cases like Vizio (personal data within TV usage) and Flo (menstrual tracking data) were priorities. So privacy issues won’t disappear—they’ll just have a different focus. It’s going to be an interesting few years. Expect some interesting developments—we’re definitely in a “grab your popcorn” kind of scenario.
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