The Case for the Digital Platform Act


Book Description

"The Case for the Digital Platform Act" is a new book from Harold Feld, Senior Vice President of Public Knowledge and longtime communications industry advocate, in collaboration with Public Knowledge and the Roosevelt Institute. This book aims to guide policymakers on what government can do to preserve competition and empower individual users in the huge swath of our economy now referred to as "Big Tech." Many Americans now wonder how they can reassert control over their lives after ceding so many decisions about our economy and our public discourse to private actors like Facebook, Google, and Amazon. But as Feld points out, we have faced similar challenges from new technologies before. Looking at more than a century of disruptive communications technologies from the telegraph to television to Twitter, Feld picks out patterns of what approaches have worked (and what hasn't) to promote competition, empower consumers and protect democracy. "The Case for the Digital Platform Act" provides a deep dive for policymakers on everything from specific recommendations on how to promote competition to a "First Amendment checklist" for content moderation, while remaining accessible to the general reader looking to participate in the debate over our digital future. Feld explains the need for a "Digital Platform Act" and for an agency specifically charged to regulate digital platforms on an ongoing basis. He proposes a new method of assessing a platform's dominance for purposes of new regulation. He also addresses questions around content moderation rights and responsibilities for companies that have found themselves policing the new public square, all while preserving the best things about digital platforms for their users. Praise for "The Case for the Digital Platform Act": "[...] a tour de force of the issues raised by the digital economy and internet capitalism. Whether you agree or disagree with Harold, these thoughts will stretch your intellect and stimulate your thinking." -Tom Wheeler, Former Chairman of the Federal Communications Commission, Visiting Fellow at The Brooking Institution "You'd be shortchanging yourself by not reading the book of such a principled advocate." -Hal Singer, Managing Director at Econ One Research, Adjunct Professor at Georgetown University's McDonough School of Business, Senior Fellow at George Washington's Institute of Public Policy "I'd bet you can't listen to Harold Feld talk about the Digital Platform Act and not think we need it as law right now. I'm glad Harold Feld and Public Knowledge are making the case for government to do the job Silicon Valley won't." -Chris Savage, Eclectablog




Perspectives on Platform Regulation


Book Description

Online social media platforms set the agenda and structure for public and private communication in our age. Their influence and power is beyond any traditional media empire. Their legal regulation is a pressing challenge, but currently, they are mainly governed by economic pressures. There are now diverse legislative attempts to regulate platforms in various parts of the world. The European Union and most of its Member States have historically relied on soft law, but are now looking to introduce regulation. Leading researchers of the field analyse the hard questions and the responses given by various states. The book offers legislative solutions from various parts of the world, compares regulatory concepts and assesses the use of algorithms.




The SAGE Handbook of Social Media


Book Description

The world is in the midst of a social media paradigm. Once viewed as trivial and peripheral, social media platforms like Twitter, Facebook and WeChat have become an important part of the information and communication infrastructure of society. They are bound up with business and politics as well as everyday life, work, and personal relationships. This international Handbook addresses the most significant research themes, methodological approaches and debates in the study of social media. It contains substantial chapters written especially for this book by leading scholars from a range of disciplinary perspectives, covering everything from computational social science to sexual self-expression. Part 1: Histories And Pre-Histories Part 2: Approaches And Methods Part 3: Platforms, Technologies And Business Models Part 4: Cultures And Practices Part 5: Social And Economic Domains




Digital Platform Regulation


Book Description

Over the last decade or two, a handful of powerful, monopolist platforms have embraced our lives worldwide. They intermediate our socialities and relationships, what we search for on the Internet, and our online purchases. We are living in a global economy that is fuelled by the monetization of affect. One is now only too aware that various platforms are very systematically using the advantages stemming from algorithmic power and platform externalities to mine and privatize personal data that is in turn sold to advertisers who target not just the present but also future economic behaviours of users. One now also hears of the complicity of some of these platforms in data breaches that have contributed to the making and unmaking of political fortunes of key political parties across geographies. This unprecedented power of platforms is, however, being challenged today. Data breaches, evidence of platform manipulations, platform complicities with state surveillance, and their monopolist behaviours and its consequences for competition and data privacy have become the basis for regulatory responses from governments throughout the world. National and regional courts of law have collected a lot of evidence on myriad forms of platform illegalities that discriminate against competitors and that point to the privatization of personal data on a global scale. The proposed volume provides an introduction to some of the issues and challenges related to platform regulation, the conundrums and paradoxes involved, and also to some of the well-conceived and manageable regulatory pathways currently being explored by national and regional governments. It highlights regulatory responses from four jurisdictions - the European Union, USA, India, and Australia.




Digital markets and online platforms: new perspectives on regulation and competition law


Book Description

Across the world, regulators and policy makers are grappling with how to establish a competitive, safe and fair online environment that also safeguards users’ fundamental rights as citizens. Ahead of the European Commission’s Digital Markets Act (DMA), this book “Digital markets and online platforms: new perspectives on regulation and competition law“, presents CERRE’s latest contribution to the debate with concrete policy recommendations. Together, the policy recommendations in this book present a roadmap that should be pursued for EU policy makers to safeguard competition and innovation in digital platform markets. They can be organised into three key areas for action: (i) More effective enforcement, (ii) increased transparency and switching easiness, and (iii) providing access to key innovation capabilities. “The need to safeguard fair and vibrant competition, which is also seen as an important driving factor for innovation, is nothing new for policy makers. However, the characteristics and complexities of digital markets have challenged some of the traditional approaches.” – Jan Krämer, editor of the book and CERRE Academic Co-Director The book’s recommendations highlight that platform transparency and associated data collection by authorities, as well as data sharing by platforms (initiated through consumers or authorities), are the two most important overarching policy measures for platform markets in the near future. They facilitate enforcement, consumer choice, and innovation capabilities in the digital economy. The contents of this book were presented and debated during a CERRE live debate with guest speakers Anne Yvrande-Billon (Arcep’s Director of Economic, Market and Digital Affairs), MEP Stéphanie Yon-Courtin (Vice-President of the European Parliament’s Committee on Economic and Monetary Affairs) and Javier Espinoza (Financial Times’ EU Correspondent covering competition and digital policy).




Law and the "Sharing Economy"


Book Description

Controversy shrouds sharing economy platforms. It stems partially from the platforms’ economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of “unfair competition” as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis. Published in English.




Regulating Content on Social Media


Book Description

How are users influenced by social media platforms when they generate content, and does this influence affect users’ compliance with copyright laws? These are pressing questions in today’s internet age, and Regulating Content on Social Media answers them by analysing how the behaviours of social media users are regulated from a copyright perspective. Corinne Tan, an internet governance specialist, compares copyright laws on selected social media platforms, namely Facebook, Pinterest, YouTube, Twitter and Wikipedia, with other regulatory factors such as the terms of service and the technological features of each platform. This comparison enables her to explore how each platform affects the role copyright laws play in securing compliance from their users. Through a case study detailing the content generative activities undertaken by a hypothetical user named Jane Doe, as well as drawing from empirical studies, the book argues that – in spite of copyright’s purported regulation of certain behaviours – users are 'nudged' by the social media platforms themselves to behave in ways that may be inconsistent with copyright laws. Praise for Regulating Content on Social Media 'This book makes an important contribution to the field of social media and copyright. It tackles the real issue of how social media is designed to encourage users to engage in generative practices, in a sense effectively “seducing” users into practices that involve misuse or infringement of copyright, whilst simultaneously normalising such practices.’ Melissa de Zwart, Dean of Law, Adelaide Law School, Australia "This timely and accessible book examines the regulation of content generative activities across five popular social media platforms – Facebook, Pinterest, YouTube, Twitter and Wikipedia. Its in-depth, critical and comparative analysis of the platforms' growing efforts to align terms of service and technological features with copyright law should be of great interest to anyone studying the interplay of law and new media." Peter K. Yu, Director of the Center for Law and Intellectual Property, Texas A&M University




Digital Platform Regulation


Book Description

This Open Access volume provides an in-depth exploration of global policy and governance issues related to digital platform regulation. With an international ensemble of contributors, the volume has at its heard the question: what would actually be involved in digital platform regulation?. Once a specialised and niche field within internet and digital media studies, internet governance has in recent years moved to the forefront of policy debate. In the wake of scandals such as Cambridge Analytica and the global techlash against digital monopolies, platform studies are undergoing a critical turn, but there is a greater need to connect such analysis to questions of public policy. This volume does just that, through a rich array of chapters concretely exploring the operation and influence of digital platforms and their related policy concerns. A wide variety of digital communication platforms are explored, including social media, content portals, search engines and app stores. An important and timely work, Digital Platform Regulation provides valuable insights into new global platform-orientated policy reforms, supplying an important resource to researchers everywhere seeking to engage with policymakers in the debate about the power of digital platforms and how to address it. Terry Flew is Professor of Digital Communications and Culture at The University of Sydney. He is the author of 14 books, including Regulating Platforms (2021) and Understanding Global Media (2018). Fiona R. Martin is Associate Professor in Online and Convergent Media at the University of Sydney, Australia. She is the author of Mediating the Conversation (2022), co-author of Sharing News Online (2019) and co-author and editor of The Value of Public Service Media (2014).




Platform Regulation


Book Description

Over the last decade or two, a handful of powerful, monopolist platforms have embraced our lives worldwide. They intermediate our socialities and relationships, what we search for on the Internet, and our online purchases. We are living in a global economy that is fuelled by the monetization of affect. One is now only too aware that various platforms are very systematically using the advantages stemming from algorithmic power and platform externalities to mine and privatize personal data that is in turn sold to advertisers who target not just the present but also future economic behaviours of users. One now also hears of the complicity of some of these platforms in data breaches that have contributed to the making and unmaking of political fortunes of key political parties across geographies. This unprecedented power of platforms is, however, being challenged today. Data breaches, evidence of platform manipulations, platform complicities with state surveillance, and their monopolist behaviours and its consequences for competition and data privacy have become the basis for regulatory responses from governments throughout the world. National and regional courts of law have collected a lot of evidence on myriad forms of platform illegalities that discriminate against competitors and that point to the privatization of personal data on a global scale. The proposed volume provides an introduction to some of the issues and challenges related to platform regulation, the conundrums and paradoxes involved, and also to some of the well-conceived and manageable regulatory pathways currently being explored by national and regional governments. It highlights regulatory responses from four jurisdictions - the European Union, USA, India, and Australia.




The Politics of Platform Regulation


Book Description

In The Politics of Platform Regulation, Robert Gorwa outlines how governments are shaping the emerging space of online safety. Through case studies from Germany, the United States, New Zealand, and Australia, Gorwa explores the domestic and international politics that influence how, why, and when platform regulation comes into being. Going beyond existing work that explores the hidden private rules and practices increasingly shaping our online lives, The Politics of Platform Regulation is a measured empirical and theoretical account of how the state is pushing back.