Congress will now be required to write laws that predict the future.
Tech giants have long fueled efforts to pass new federal laws limiting the companies' influence. But now, and for a long time to come, advocates will need to find other ways to achieve that goal.The Supreme Court's Friday decision essentially scuttles the regulatory strategy Congress has long used to establish rules for complex technical realms like healthcare, the environment and telecommunications.
No law written and approved at the speed of the U.S. political system is ever going to be able to detail rules and remedies for problems with tomorrow's hot technology. Whole generations of hardware and software can be born and die in the years it takes for a complex case to be tried, appealed and resolved.The activists and organizations that support stricter tech regulation just saw the goalposts move into the far distance.The demise of "Chevron deference" means that writing such laws will now be a game of future-prediction that no one can play well.
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