Big Tech & Policy with U.S. Senator Josh Hawley

Senator Josh Hawley's Stance on Big Tech

• 💡 Senator Josh Hawley, a former law professor and Missouri Attorney General, is known for his conservative and populist views, particularly his commitment to constitutional first principles and holding Big Tech accountable.
• 🎯 He believes that private litigation and juries are more effective at changing corporate behavior than regulatory fines, citing the example of Facebook's stock rising after a large FTC fine.
• 🔑 Hawley argues that large corporations fear juries and private actions because they can lead to significant verdicts and force changes in behavior, unlike regulators who can be delayed or influenced.

Addressing Regulatory Capture and Liability

• ⚠️ Hawley highlights regulatory capture, where companies influence agencies and legislators, noting that Big Tech has significant sway in Congress, making it difficult to pass legislation they oppose.
• 🛡️ He advocates for the removal of Section 230's liability shield, which currently protects digital companies from lawsuits, especially in cases involving child sex abuse material (CSAM).
• ✅ The Stop CSAM Act, co-sponsored by Hawley, passed the Senate Judiciary Committee unanimously and aims to create a new federal cause of action for victims of CSAM on platforms.

Promoting Competition and Accountability

• ⚖️ Hawley champions robust antitrust enforcement, drawing parallels to Teddy Roosevelt's efforts, to reintroduce competition and address historical market concentration.
• 💰 He supports incentivizing private parties to bring antitrust suits, even suggesting that treble damages might not be enough to deter large corporations.
• 🤝 Hawley also backs third-party litigation finance as a crucial tool to help plaintiffs fund lawsuits and ensure access to justice, countering efforts to limit such funding.

Legislative Process and Judicial Philosophy

• ✍️ Hawley criticizes the legislative drafting process, particularly Congress's habit of granting broad, open-ended authority to agencies instead of writing precise and clear laws.
• 🏛️ As a textualist and originalist, he believes laws should be understood by their public meaning at the time of adoption, emphasizing that changes should come from elected legislators, not unelected judges.
• 🗣️ He argues that while the legislative process can be messy and inefficient, preserving liberty and giving a voice to the voiceless through elected representatives is paramount.