The biggest tech story of the midterms might be Democrats’ attorney general wins

The recent midterms have seen Democrats take control of both the House and Senate, and while the focus has been on the congressional shift, a key aspect that could impact the technology industry is the outcome of several state attorney general races. Five pivotal attorney general races were closely watched, including a surprise victory in Texas, where Nathan Johnson became the first Democratic attorney general since 1994.

Similar victories were recorded in Arizona, Wisconsin, Michigan, and Nevada. These new attorney generals, regardless of their party affiliation, hold significant power to investigate technology companies using existing consumer protection, unfair and deceptive practices, and antitrust laws. With a change in leadership, enforcement priorities can shift abruptly, potentially altering the tech industry's landscape.

While Democratic wins might seem unfavorable for Big Tech, the partisan dynamics of tech regulation are more complex. Both parties have increasingly scrutinized big tech, focusing on issues like alleged censorship and consumer safety, as well as privacy and algorithmic discrimination. This bipartisan pressure suggests that even a Republican victory may not lead to a more permissive regulatory environment for the industry.

Critics argue that state attorneys general have taken on the role of tech regulators due to lawmakers' failure to act, and reliance on litigation as a substitute for legislation may not be the optimal solution.