Platforms

For all the talk of antitrust investigations, the bigger threat to tech platforms like Google and Facebook is an intensifying call from Congress to revamp a law that shields them and other web companies from legal liability for users' posts. House Intelligence Chairman Adam Schiff joined a group of policymakers calling to reconsider the legal protections afforded to tech platforms.

The go-to metric for antitrust enforcers has long been increasing prices. Critics, however, have begun to question whether that approach needs an update, given that tech giants like Google and Facebook offer free services. And this week, some of the nation’s leading antitrust enforcers made clear they’re willing to take a broader view. Justice Department antitrust chief Makan Delrahim said his office will consider factors like privacy violations or free speech restrictions as signs that product quality and market competition have deteriorated.

While social media companies and digital networks are relatively new, the problems of information laundering and manipulation are not. Of course, verbatim application of 20th-century media policy won’t work for today’s digital environment; some of it didn’t work very well last century either. But its core concerns should be taken seriously and its principles—especially transparency, responsibility and structural design to promote news investment—can be adapted for the 21st century.

Apparently, Facebook uncovered emails that appear to connect Chief Executive Mark Zuckerberg to potentially problematic privacy practices at the company. Within the company, the unearthing of the emails in the process of responding to a continuing federal privacy investigation has raised concerns that they would be harmful to Facebook—at least from a public-relations standpoint—if they were to become public. The potential impact of the internal emails has been a factor in the tech giant’s desire to reach a speedy settlement of the investigation by the Federal Trade Commission.

e digital economy is a fact of life, but it is not all things to all people.  There has been robust public discussion about whether the broader economy, undoubtedly transformed by digital technologies, is working well for everyone.  While some commenters have tried to dispatch the antitrust laws to address these problems, I do not believe the antitrust laws are bent towards values other than competition. Therefore, the right question is whether a defined market is competitive.  That is the province of the antitrust laws.... As we think about antitrust enforcement in the digital eco

The House Judiciary Antitrust Subcommittee held the hearing "Online Platforms and Market Power, Part 1: The Free and Diverse Press", beginning its look at antitrust issues related to the practice of journalism in the age of online platforms with enormous market power. The News Media Alliance, whose president, David Chavern, was testifying, has called on Congress to give news outlets an antitrust exemption so they can flex some collective muscle and negotiate for compensation for all that news content being aggregated and distributed by Facebook, Google and other platforms.

$4.7 billion is the amount that Google made from the work of news publishers in 2018 via search and Google News, according to a study by the News Media Alliance. That $4.7 billion is nearly as much as the $5.1 billion brought in by the United States news industry as a whole from digital advertising in 2018 — and the News Media Alliance cautioned that its estimate for Google’s income was conservative. For one thing, it does not count the value of the personal data the company collects on consumers every time they click on an article like this one.

State attorneys general are preparing for their own investigations into big tech platforms including Google and Facebook, based on concerns that largely mirror those driving probes by the Justice Department, the Federal Trade Commission and Congress. Several state attorneys general and aides said a core group of AGs has been discussing how to address antitrust-related concerns around big tech companies for some months.

The US Court of Appeals for the DC Circuit has declined to hold edge providers liable for false third-party content posted on their sites, even if they know the information being posted is false. Google, Microsoft and Yahoo! are not responsible for flooding the online search market with info on "scam" locksmiths, if the market has been so flooded, because such liability is barred by the Communications Decency Act, whose much-in-the-news Sec. 230 holds that the edge can't be treated as a publisher of third party content on their platforms.