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
Platforms
Senators spar with Google exec over use of 'persuasive technology'
Lawmakers expressed disbelief when Maggie Stanphill, Google’s director of user experience, told the Senate Communications Subcommittee “No, we do not use persuasive technology at Google.” At issue before the panel was how algorithms used by companies like Google, Facebook and others might influence their users. Stanphill's statement prompted pushback from senators who had been scrutinizing the company over its content decisions on platforms like YouTube. “You don’t want to clarify that a little further?” Sen Brian Schatz (D-HI) asked.
The hearing will examine how algorithmic decision-making and machine learning on internet platforms might be influencing the public. Witnesses will provide insight on ways technology companies use algorithms and machine learning to influence outcomes, and whether algorithm transparency or algorithm explanation are appropriate policy responses.
Witnesses:
YouTube under federal investigation over allegations it violates children’s privacy
Apparently, the Federal Trade Commission is in the late stages of an investigation into YouTube for allegedly violating children’s privacy, in a probe that threatens the company with a potential fine and already has prompted the tech giant to reevaluate some of its business practices. The FTC launched its investigation after numerous complaints from consumer groups and privacy advocates.
Public Highly Critical of State of Political Discourse in the US
Large majorities say the tone and nature of political debate in the US has become more negative in recent years – as well as less respectful, less fact-based and less substantive. One takeaway: By a wide margin (66% to 32%), more people say social media companies have a responsibility to remove offensive content from their platforms than say they do not have this responsibility. But just 31% have a great deal or fair amount of confidence in these companies to determine what offensive content should be removed.
Sen Hawley Introduces Ending Support for Internet Censorship Act
Senator Josh Hawley (R-Mo.) introduced the Ending Support for Internet Censorship Act, a major update to the way big tech companies are treated under Section 230 of the Communications Decency Act (CDA). Sen.
First Amendment constraints don’t apply to private platforms, Supreme Court affirms
In a case closely watched for its potential implications for social media, the Supreme Court has ruled that a nonprofit running public access channels isn’t bound by governmental constraints on speech. The case, which the conservative wing of the court decided in a split 5–4 ruling, centered around a Manhattan-based nonprofit tasked by New York City with operating public access channels in the area. The organization disciplined two producers after a film led to complaints, which the producers argued was a violation of their First Amendment speech rights.
Competitors could arm regulators in Big Tech antitrust probes
A proliferation of antitrust investigations into the tech giants is offering competitors a chance to sound off on claims that their larger rivals are playing dirty. If the Department of Justice or Federal Trade Commission pursue formal investigations into Google, Facebook, Amazon or Apple, they’ll need all the evidence they can get. The companies that compete with them could provide that by the ton. But, speaking up can come at a cost to smaller companies, including angering the powerful corporate giants and signaling to investors that you might go under without government intervention.
Google's systems didn't see Beto O'Rourke's ads as political
Google has been treating Beto O'Rourke's campaign ads as if they weren’t political content, raising questions over whether Google is capable of keeping its already anemic promise of transparency for political ads. Google has promised to put ads it receives from candidates for US federal political offices in its political ad archive, for transparency’s sake. But the Beto ads were missing from the archive. Google’s own rules don’t allow any political content in Gmail ads, but Beto’s campaign ads kept showing up there.
230 Debate Escalates
Sen Josh Hawley (R-MO) is poised to announce new legislation on Section 230 of the Communications Decency Act. The measure is expected to focus on enforcement of Section 230, the legal liability shield that immunizes tech platforms from lawsuits over user-posted content. It would open the possibility of treating certain tech companies as publishers and therefore more liable for the content that shows up on their sites.