Platforms

Executive Order on Promoting Competition in the American Economy

President Biden is taking decisive action to reduce the trend of corporate consolidation, increase competition, and deliver concrete benefits to America’s consumers, workers, farmers, and small businesses. This Executive Order established a whole-of-government effort to promote competition in the American economy. The Order includes 72 initiatives by more than a dozen federal agencies to promptly tackle some of the most pressing competition problems across our economy. Once implemented, these initiatives will result in concrete improvements to people’s lives. The Order tackles four issues t

Executive Order on Preventing Online Censorship

It is the policy of the United States to foster clear ground rules promoting free and open debate on the internet.  Prominent among the ground rules governing that debate is the immunity from liability created by section 230(c) of the Communications Decency Act (section 230(c)).  47 U.S.C.

Google and YouTube Will Pay Record $170 Million for Alleged Violations of Children’s Privacy Law

Google and its subsidiary YouTube will pay a record $170 million to settle allegations by the Federal Trade Commission and the New York Attorney General that the YouTube video sharing service illegally collected personal information from children without their parents’ consent.

2018: A Turning Point for "Big Tech"

Earlier this month we examined how partisan division at the Federal Communications Commission impedes progress towards closing the digital divide. Now, we review another big telecom policy story from 2018: the democratic harms of “Big Tech”. In 2018, we got a better, but more disturbing, understanding of the size and influence of large technology companies (Apple, Amazon, Facebook, Google, and Microsoft), and particularly how social media platforms affect our democratic discourse and elections.

Can the FTC Protect Consumers in the Digital Age?

On Nov 27, the Senate Commerce Committee’s Subcommittee on Consumer Protection held an oversight hearing on the Federal Trade Commission. The hearing examined the FTC’s “priorities in promoting competition and consumer protection, the ongoing innovation hearings and how changes in technology impact the agency, and whether the FTC should have expanded authority with respect to privacy and data security.” In other words -- is the FTC doing a good enough job? And if not, what needs change?

How Facebook Avoids Accountability

On Nov 14, the New York Times detailed Facebook’s multi-pronged campaign to “delay, deny and deflect” efforts to hold the company accountable. This is far from the first time we’ve read disturbing accounts of Facebook’s unethical behavior, but this week the Times peeled back the curtain on the company’s crisis management techniques, public relations tactics, efforts to influence lawmakers, and aggressive lobbying. The peak at these practices helps explain why the social media giant has been so successful at avoiding meaningful regulation.

Stop Fanning The Flames

The power of communication and the exchange of ideas were starkly brought home recently as news of bombs being delivered to Americans’ homes and businesses, and the murder of worshipers in Pittsburgh dominated headlines everywhere. President Donald Trump and some of his Republican allies appear to be actively engaged in a feedback loop with extremists who participate in the darkest online forums.

De-Platform Hate?

A mass murderer shot and killed 11 people at the Tree of Life synagogue in Pittsburgh (PA) on Oct 27, in what is believed to be the deadliest attack against the Jewish community in the United States, ever. The mass shooting followed a week of reporting on a series of bombs sent by a FL terrorist to prominent Democrats, George Soros, and CNN. Both men posted violent, hateful content online, including politically extremist views on immigration. The events tragically bring into focus, again, the very-real danger of hateful political rhetoric.

Time to Change the Terms

The Benton Foundation is joining 40 civil and human rights organizations that believe that online companies need to do more to combat hateful conduct on their platforms. We are asking that these companies adopt corporate policies to prohibit hateful activities on their platforms. They should make it clear what type of conduct is and is not permitted on their platform and remove any U.S. clients that violate those corporate policies. Although Benton has always championed free speech, today we draw a line.

The Latest Round of FTC Competition and Consumer Protection Hearings

The Federal Trade Commission this week held another set of hearings on Competition and Consumer Protection in the 21st Century. The hearings and public comment process this Fall and Winter will provide opportunities for FTC staff and leadership to listen to experts and the public on key privacy and antitrust issues facing the modern economy. The hearings are intended to stimulate thoughtful internal and external evaluation of the FTC’s near- and long-term law enforcement and policy agenda.

Access and Affordability Policy for an Open Internet Ecosystem

Sohn set out recommendations to ensure that the Internet is accessible and affordable and that broadband Internet access service (BIAS) providers and online platforms are transparent about how they conduct their businesses. Affordable access to the Internet is rarely discussed in conversations about Internet openness. An open network is of limited value, however, if significant numbers of people cannot access it for cost or other reasons. In the United States, fully twenty percent of Americans are not connected to BIAS.

Competition Policy for an Open Internet Ecosystem

In my Georgetown Law Technology Review article, I propose a new policy framework to restore an open Internet ecosystem.

Regulatory Oversight and Privacy Policy for an Open Internet Ecosystem

In my previous post, I highlighted four reasons why the U.S needs a unified policy framework for an open Internet ecosystem: 1) lack of competition/incentive and the ability to discriminate; 2) collection of and control over personal data; 3) lack of transparency; and 4) inadequacy of current laws and enforcement. Many of these problems can be addressed with targeted legislative and regulatory interventions.

The U.S. Needs a New Policy Framework for an Open Internet Ecosystem

[Analysis] In a new article for the Georgetown Law Technology Review, I seek to jumpstart a conversation about how to shape an Internet ecosystem that will serve the public interest. First, let me lay out the rationale for a new, unified policy framework for an open Internet: 1) Lack of Competition/Incentive and Ability to Discriminate, 2) Collection of and Control over Personal Data, 3) Lack of Transparency, and 4) Inadequacy of Current Laws and Enforcement.

NTIA Artificial Intelligence Accountability Policy Report

Alongside their transformative potential for good, artificial intelligence (AI) systems also pose risks of harm. These risks include inaccurate or false outputs; unlawful discriminatory algorithmic decision making; destruction of jobs and the dignity of work; and compromised privacy, safety, and security.

Many Americans think generative AI programs should credit the sources they rely on

According to a new Pew Research Center survey, overall, 54 percent of Americans say artificial intelligence programs that generate text and images, like ChatGPT and DALL-E, need to credit the sources they rely on to produce their responses. A much smaller share (14%) says the programs don’t need to credit sources. Generative AI programs work by reviewing large amounts of information, such as the works of an artist or news organization. That allows them to generate responses when users ask questions.

Americans’ use of ChatGPT is ticking up, but few trust its election information

It’s been more than a year since ChatGPT’s public debut set the tech world abuzz. And Americans’ use of the chatbot is ticking up: 23 percent of US adults say they have ever used it, according to a Pew Research Center survey conducted in February 2024, up from 18 percent in July 2023. The February survey also asked Americans about several ways they might use ChatGPT, including for workplace tasks, for learning and for fun.

Justice Department Sues Apple for Monopolizing Smartphone Markets

The Justice Department, joined by 16 other state and district attorneys general, filed a civil antitrust lawsuit against Apple for monopolization or attempted monopolization of smartphone markets in violation of Section 2 of the Sherman Act. The complaint, filed in the U.S. District Court for the District of New Jersey, alleges that Apple illegally maintains a monopoly over smartphones by selectively imposing contractual restrictions on, and withholding critical access points from, developers.

A Minimum Digital Living Standard for Households with Children

In a household-based assessment of digital needs conducted by the University of Liverpool, parents and young people defined what is ‘enough’ for a household with children to feel digitally included. Respondents considered devices and internet services, basic functional skills, and critical skills. This Minimal Digital Living Standard (MLDS) includes:

Supreme Court Wary of States’ Bid to Limit Federal Contact With Social Media Companies

A majority of the Supreme Court seemed wary on March 18 of a bid by two Republican-led states to limit the Biden Administration’s interactions with social media companies, with several justices questioning the states’ legal theories and factual assertions. Most of the justices appeared convinced that government officials should be able to try to persuade private companies, whether news organizations or tech platforms, not to publish information so long as the requests are not backed by coercive threats.

Public officials can be held liable for blocking critics on social media

The Supreme Court ruled that public officials who post about topics relating to their work on their personal social media accounts are acting on behalf of the government, and therefore can be held liable for violating the First Amendment when they block their critics, only when they have the power to speak on behalf of the state and are actually exercising that power. The court’s decisions came in a pair of cases, involving local officials in California and Michigan who blocked constituents who made repetitive and critical comments on their personal social media accounts.

Artificial Intelligence Act: European Parliament adopts landmark law

The European Parliament approved the Artificial Intelligence Act that ensures safety and compliance with fundamental rights, while boosting innovation. The law aims to protect fundamental rights, democracy, the rule of law and environmental sustainability from high-risk AI, while boosting innovation and establishing Europe as a leader in the field.

Let’s not make the same mistakes with AI that we made with social media

Artificial intelligence, like social media, it has the potential to change the world in many ways, some favorable to democracy. But at the same time, it has the potential to do incredible damage to society. There is a lot we can learn about social media’s unregulated evolution over the past decade that directly applies to AI companies and technologies. These lessons can help us avoid making the same mistakes with AI that we did with social media. In particular, five fundamental attributes of social media have harmed society. AI also has those attributes:

Apple bows to Brussels over App Store in latest EU concession

Apple will allow iPhone apps to be downloaded directly from their developers’ websites for the first time, a major concession to European regulators that marks the third time this year the big tech group has been forced to change its plan to comply with landmark EU rules. The move to allow so-called sideloading in Europe, which will come into effect later this spring, comes after pressure from developers to be able to distribute their software outside the App Store and threatens a core component of Apple’s $85 billion-a-year global services business. As part of the changes, developers launc