Platforms

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

FTC Takes Action Against Amazon for Enrolling Consumers in Amazon Prime Without Consent and Sabotaging Their Attempts to Cancel

The Federal Trade Commission (FTC) is taking action against Amazon for its years-long effort to enroll consumers into its Prime program without their consent while knowingly making it difficult for consumers to cancel their subscriptions to Prime. In a complaint, the FTC charges that Amazon has knowingly duped millions of consumers into unknowingly enrolling in Amazon Prime.

NTIA Receives More Than 1,400 Comments on AI Accountability Policy

The Department of Commerce’s National Telecommunications and Information Administration (NTIA) received roughly 1,447 written comments in response to its Artificial Intelligence Accountability Policy Request for Comment (RFC), which was issued in April, 2023, and is part of President Biden’s commitment to seizing the opportunities AI presents while managing its risks. The comments are available to the public at Regulations.gov: https://www.regulations.gov/docket/NTIA-2023-0005/comments. These comments will help inform

Sens. Klobuchar, Grassley, Colleagues Introduce Bipartisan Legislation to Boost Competition and Rein in Big Tech

Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA)—as well as Senators Dick Durbin (D-IL), Lindsey Graham (R-SC), Richard Blumenthal (D-CT), Josh Hawley (R-MO), Mazie Hirono (D-HI), Mark Warner (D-VA), and Cory Booker (D-NJ)—reintroduced the American Innovation and Choice Online Act. This bipartisan legislation would restore competition online by establishing common sense rules of the road for dominant digital platforms to prevent them from abusing their market power to hurt competition, online businesses, and consumers. The American Innovation and Choice Online Act will:

FTC Puts Online Marketplaces on Notice About Their Responsibilities Under the New INFORM Consumers Act

The Federal Trade Commission (FTC) sent letters to 50 online marketplaces nationwide notifying them about their obligation to comply with the new Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act – or the INFORM Consumers Act – as soon as it takes effect on June 27, 2023. “The INFORM Consumers Act requires online marketplaces to protect consumers from counterfeit, unsafe, and stolen goods by verifying their high-volume third-party sel

Gannett v. Google

Gannett, the largest publisher in the US, filed a federal lawsuit in US District Court for the Southern District of New York against Google for monopolization of advertising technology markets and deceptive commercial practices.

Reps. Davidson, Eshoo Introduce The Protecting Americans’ Data from Foreign Surveillance Act

Reps. Warren Davidson (R-OH) and Anna Eshoo (D-CA) introduced legislation to protect Americans’ data from being exploited by unfriendly foreign nations, and apply tough criminal and civil penalties to prevent employees of foreign corporations like TikTok from accessing US data from abroad. This bill:

Senate Judiciary Committee Advances Bipartisan Bill to Preserve Strong, Independent Journalism and News Organizations

The Senate Judiciary Committee advanced the bipartisan Journalism Competition and Preservation Act, introduced by Senators Amy Klobuchar (D-MN) and John Kennedy (R-LA), to the full Senate on a bipartisan vote of 14-7. The bill would allow news organizations to jointly negotiate fair compensation by Big Tech companies that profit from their news content. The Journalism Competition and Preservation Act would:

The three challenges of AI regulation

The drumbeat of artificial intelligence (AI) corporate chieftains calling for government regulation of their activities is mounting. As Senate Judiciary Committee Chairman Richard Durbin (D-IL) observed, it is “historic” to have “people representing large corporations… come before us and plead with us to regulate them.” There are three challenges for AI oversight: dealing with the velocity of AI developments, parsing the components of what to regulate, and determining

Sens. Hawley, Blumenthal Introduce Bipartisan Legislation to Protect Consumers and Deny AI Companies Section 230 Immunity

Senators Josh Hawley (R-MO) and Richard Blumenthal (D-CT) introduced the No Section 230 Immunity for AI Act. This new bipartisan legislation would clarify that Section 230 immunity will not apply to claims based on generative AI, ensuring consumers have the tools they need to protect themselves from harmful content produced by the latest advancements in AI technology. For example, AI-generated “deepfakes” – lifelike false images of real individuals – are exploding in popular

Social Media Safety Index 2023

All five major social media platforms—Facebook, Instagram, TikTok, YouTube and Twitter—received low and failing scores for the second consecutive year. The platforms continue to fail at enforcing the safeguarding of LGBTQ users from online hate speech, fail at providing transparency in the use of LGBTQ-specific user data and fail in expressing commitments to protecting LGBTQ users, specifically, policies and commitments to protect transgender, nonbinary, and gender non-conforming users from being targeted. Twitter is the most dangerous platform for LGBTQ people.