David McCabe

Facebook, X, YouTube and other social media platforms rely on a 1996 law to insulate themselves from legal liability for user posts. The protection from this law, Section 230 of the Communications Decency Act, is so significant that it has allowed tech companies to flourish. But what if the same law could be used to rein in the power of those social media giants? That idea is at the heart of a lawsuit filed in May against Meta, the owner of Facebook, Instagram and WhatsApp.

A bid to break up Alphabet Inc.’s Google is one of the options being considered by the Justice Department after a landmark court ruling found that the company monopolized the online search market. The move would be Washington’s first push to dismantle a company for illegal monopolization since unsuccessful efforts to break up 

Google acted illegally to maintain a monopoly in online search, Judge Amit Mehta of U.S. District Court for the District of Columbia ruled, a landmark decision that strikes at the power of tech giants in the modern internet era and that may fundamentally alter the way they do business. Judge Mehta said that Google had abused a monopoly over the search business.

How should we balance freedom of speech with the flood of slanderous statements, extremist manifestoes and conspiracy theories that proliferate on the internet? The United States decided decades ago to let private companies solve that quandary themselves. The Supreme Court made this position official in three major rulings in the 1990s and early 2000s. But lawmakers aren’t sure about this arrangement, now that giant online platforms are the new town square. A series of federal court cases will address these questions. Courts have faced six broad questions about online speech:

A bill that would force a sale of TikTok by its Chinese owner, ByteDance—or ban it outright—was passed by the Senate on April 23 and signed into law April 24 by President Joe Biden. Now the process is likely to get even more complicated. Congress passed the measure citing national security concerns because of TikTok’s Chinese ties. Both lawmakers and security experts have said there are risks that the Chinese government could lean on ByteDance for access to sensitive data belonging to its 170 million U.S. users or to spread propaganda.

For decades, the United States has fashioned itself the champion of an open internet, arguing that the web should be largely unregulated and that digital data should flow around the globe unhindered by borders. The government has argued against internet censorship abroad and even funded software that lets people in autocratic states get around online content restrictions.

Soon, Google will have changed how it displays certain search results. Microsoft will no longer have Windows customers use its Bing internet search tool by default. And Apple will give iPhone and iPad users access to rival app stores and payment systems for the first time. The tech giants have been preparing ahead of a March 6 deadline to comply with a new European Union law intended to increase competition in the digital economy.

Google will allow developers on its Play app store to offer direct payment options to users in the company’s latest move to navigate increased regulatory scrutiny of its power. Google will allow apps to charge consumers directly rather than having to charge through Google.

Two months after President Biden took office, his top digital adviser emailed officials at Facebook urging them to do more to limit the spread of “vaccine hesitancy” on the social media platform. At the Centers for Disease Control and Prevention, officials held “weekly sync” meetings with Facebook, once emailing the company 16 “misinformation” posts. And in the summer of 2021, the surgeon general’s top aide repeatedly urged Google, Facebook and Twitter to do more to combat disinformation.

Judge Terry Doughty of the US District Court for the Western District of Louisiana restricted parts of the Biden administration from communicating with social media platforms about broad swaths of content online.