Resurrecting AICOA is Bad for American Businesses, Consumers and our National Security
June 7, 2023

- Author: Michael Petricone, CTA Sr. VP, Government and Regulatory Affairs
Here in Washington, politicians have a habit of resurrecting even the worst policy ideas. The latest of these zombie bills is the American Innovation and Choice Online Act (AICOA), which would degrade the performance of beloved tech products and platforms under the guise of promoting "competition." While the bill failed to garner support in the last legislative session, it appears to have risen from the dead at the behest of Senator Amy Klobuchar and supporters in Congress.
Even when it was first introduced in 2021, AICOA was a bad idea. At the time, AICOA's proponents argued that innovation and competition had somehow declined. For anyone in the tech industry – or even the average person buying tech products – that argument was transparently bizarre. The technology sector has always been highly competitive, with companies rising and falling based on innovation and consumer whims. After all, no one today is renting a movie from Blockbuster or buying a laptop from Compaq.
But these days, the idea that technology leaders are untouchable or immune to challenges is even more laughable. Headlines abound with major tech players announcing layoffs. Stocks have tumbled as well, with tech leaders losing from half to two thirds of their market value in 2022. In this uncertain economic environment, it’s not just companies who are tightening their belts. Amid continued high inflation, Americans value and rely on free services, low prices, and swift delivery offered by tech platforms. There’s a reason consumers are not clamoring for Congress to prioritize the so-called "competition" agenda! Lawmakers would be better off using their time advancing a comprehensive national data privacy law instead of reviving the futile "competition" crusade.
It's also clearer than ever that competition is alive and well in the dynamic, fast-changing technology sector. With the rise of generative AI, we’ve seen dozens of companies introduce ingenious, market-disrupting innovations that promise to shake up online search and dethrone incumbents. New companies have stormed the social media industry as well, with relatively new entrants like TikTok out-earning longtime incumbents via in-app purchases so far in 2023.
 AICOA and other antitrust proposals also threaten to undermine our national security. In fact, the potential for these bills to degrade American military and intelligence capabilities prompted a bipartisan letter from a dozen U.S. national security leaders last year. Since then, our world has become even more perilous. Russia launched a brutal and illegal invasion assault on Ukraine. China is rattling its saber across the Strait of Formosa. In addition to cyberattacks originating in Russia and China, the United States has seen a historic surge in garden-variety cybercrime.
Passing a bill like AICOA, which would ensnare leading U.S. technology companies in a web of restrictions, would also work at cross purposes with Congressional efforts to counter China’s unfair economic practices. The bipartisan House China Committee is exploring ways to bolster U.S. competitiveness and maintain our status as the world's innovation leader. Any rules designed to reign in major technology companies would undoubtedly be flouted and exploited by Chinese and other adversaries, providing a massive and unexpected gift to China's President Xi in his effort to dominate cutting-edge technology fields.
Congress, trying to take down America’s most popular and successful companies is a terrible strategy. AICOA was always a bad bill, with flawed rationale and the potential to disrupt our economy and national security. Let’s bury this zombie bill and finally lay it to rest.
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