Ownership

We’re trusting services like Facebook with our data, and that trust should come with concrete legal responsibilities. To make that happen, Yale Law professor Jack Balkin proposes designating cloud providers as “information fiduciaries,” binding them an industry-wide code of conduct modeled after similar designations in law, medicine, and finance. In the abstract, the rule would require Facebook and other companies to not act against user’s interest, leaving courts to decide the penalties when they do.

A dozen Democratic senators are asking the Federal Communications Commission to investigate Sinclair Broadcasting Group for distorting the news. 

The FCC should also pause its review of Sinclair's acquisition of Tribune Media — a merger that could expand the nation's largest broadcaster from 193 stations to 223 stations covering 72% of US homes  — the senators say, to determine whether the deal is in the public interest.

Rebecca Kelly Slaughter, the last of President Donald Trump’s nominees for the Federal Trade Commission, said if selected she would keep a close eye on whether major tech companies are using anti-competitive or deceptive tactics amid growing concerns that they dominate their markets.

After more than 10 hours of grilling Facebook CEO Mark Zuckerberg, Congress is no closer to regulating the platform's privacy practices than it was when the hearings started. It's clear that lawmakers haven't coalesced around a regulatory end-goal, even though the threat remains.

Economist Carl Shapiro said his analysis of AT&T's purchase of Time Warner shows that US consumers could together pay an additional $571 million in the year 2021 if the deal is approved.

"The merger will in fact harm consumers and the harm is significant in terms of the dollar amount," Shapiro testified.

After two days and more than 10 hours of questioning of Mark Zuckerberg, the Facebook chief executive, there was widespread consensus among lawmakers that social media technology — and its potential for abuse — had far outpaced Washington and that Congress should step in to close the gap. But the agreement largely ended there.

[Commentary] Recently, US District Judge Richard Leon raised the question of whether an arbitration condition would be enough to address the potential harms from the AT&T-Time Warner merger. This proposal would create a mechanism where both sides in a fee dispute concerning Time Warner programming would present a rate to a third-party arbitrator, who would pick the one that was more reasonable. AT&T-Time Warner would not be permitted to take channels off the air and cut the distributor off from its content during the arbitration process.

[Commentary] We are in a brave new world. Facebook and 'Big Tech' have contributed to the erosion of our democratic discourse. We need to have these new titans assume responsibilities on par to the influence they have over our information ecosystem. We need to address this bug in our democracy. Short-term policy solutions can help curb some of Facebook’s harmful effects, but the larger task before policymakers -- and all of us -- is to critically examine the long-term health of our democratic discourse.

One of the nation's oldest and most prestigious regional newspapers, The Chicago Tribune, could soon have a unionized staff. On April 11, journalists from its newsroom informed management that they are preparing to organize and that they have collected signatures from dozens of colleagues. This is a historic move at a paper that, for decades, had taken a hard-line stance against unions.

Setting aside that some people might actually like the option of paying for services in exchange for enhanced privacy protection, history tells us that advertising can support free content just fine without needing to know every detail of our lives to serve us unique ads tailored to an algorithms best guess about our likes and dislikes based on multi-year, detailed surveillance of our every eye-muscle twitch. Despite the unfortunate tendency of social media to drive toward the most extreme arguments even at the best of times, “privacy regulation” is hardly an all or nothing proposition.