Platforms

Our working definition of a digital platform (with a hat tip to Harold Feld of Public Knowledge) is an online service that operates as a two-sided or multi-sided market with at least one side that is “open” to the mass market

Justice Department Cites Treatment of Hunter Biden Articles in Call to Change Law Protecting Online Platforms

The Justice Department said it was concerned that Facebook and Twitter restricted access to recent New York Post stories about the son of Democratic presidential nominee Joe Biden, telling lawmakers the department supported bipartisan interest in changing a law providing legal protections to online platforms.

Joe Biden Win Could Curb Deals, Revive Net Neutrality in FCC Pivot

A victory by Joe Biden in the Nov. 3 election could usher in an abrupt change in the nation’s telecommunications policy, restoring so-called net neutrality regulation and shifting the Republican drive to rein in social media outlets, among other things. Biden hasn’t talked much about the Federal Communications Commission during the campaign, but his party’s platform is specific. It calls for restoring net neutrality rules put in place under then-President Barack Obama when Biden served as vice president and taking a harder line on telecommunications mergers.

Apple, Google and a Deal That Controls the Internet

The Department of Justice's case against Google hones in on the company's alliance with Apple as a prime example of what prosecutors say are Google’s illegal tactics to protect its monopoly and choke off competition in web search. The scrutiny of the pact, which was first inked 15 years ago and has rarely been discussed by either company, has highlighted the special relationship between Silicon Valley’s two most valuable companies — an unlikely union of rivals that regulators say is unfairly preventing smaller companies from flourishing. “We have this sort of strange term in Silicon Valley:

By What Authority

Can the Federal Communications Commission regulate the internet? Can it offer consumer protections for broadband subscribers? Can it regulate the content found on social media sites?

FTC Mulls Facebook Lawsuit as Staffers Support Antitrust Case

Federal Trade Commission staff members are recommending that the agency bring an antitrust case against Facebook, but commissioners haven’t yet reached a decision. The five-member FTC met privately via videoconference to discuss next steps, without taking action. The commission is facing political complexities, particularly with the Nov. 3 election looming. FTC Chairman Joseph Simons during his tenure has at times faced challenges in building coalitions among his Republican and Democratic colleagues.

Chairman Wicker Requests Facebook, Twitter Disclose Political Interactions Ahead of 10/28 Big Tech Hearing

Senate Commerce Committee Chairman Roger Wicker (R-MS) sent letters to Mark Zuckerberg, Chief Executive Officer of Facebook, Inc., and Jack Dorsey, Chief Executive Officer of Twitter, requesting the companies to disclose any interactions they have had with presidential candidates and their campaigns ahead of the Committee’s Big Tech hearing on October 28.

One opinion Chairman Pai is ignoring on President Trump’s social media order? His own

As Federal Communications Commission Chairman Ajit Pai gets ready to consider President Donald Trump’s controversial social media executive order, there is one person’s opinion he should probably take into consideration: his own. Chairman Pai has tried to define his tenure at the head of the agency as being against “heavy-handed” regulation and has promoted a “light-touch” approach to regulation industry. And yet he seems to be totally fine with the FCC jumping headfirst into government regulation with President Donald Trump’s controversial social media executive order.

Forget Antitrust Laws. To Limit Tech, Some Say a New Regulator Is Needed.

A growing number of legal experts and economists have started questioning whether traditional antitrust is up to the task of addressing the competitive concerns raised by today’s digital behemoths. Further help, they said, is needed. Antitrust cases typically proceed at the stately pace of the courts, with trials and appeals that can drag on for years. Those delays, the legal experts and economists said, would give Google, Facebook, Amazon and Apple a free hand to become even more entrenched in the markets they dominate. A more rapid-response approach is required, they said.

The FCC's Authority to Interpret Section 230 of the Communications Act

The policy issues raised by the debate over Section 230 of the Communications Act of 1934 may be complex, but the Federal Communications Commission’s legal authority is straightforward. Simply put, the FCC has the authority to interpret all provisions of the Communications Act, including amendments such as Section 230. This authority flows from the plain meaning of Section 201(b) of the Communications Act of 1934, which confers on the FCC the power to issue rules necessary to carry out the provisions of the Act.

Protecting Americans from Dangerous Algorithms

Reps Anna Eshoo (D-CA-18) and Tom Malinowski (D-NJ-7) introduced the Protecting Americans from Dangerous Algorithms Act, legislation to hold large social media platforms accountable for their algorithmic amplification of harmful, radicalizing content that leads to offline violence. The bill narrowly amends Section 230 of the Communications Decency Act to remove liability immunity for a platform if its algorithm is used to amplify or recommend content directly relevant to a case involving interference with civil rights (42 U.S.C.