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
FTC Enforcement Action to Bar GoodRx from Sharing Consumers’ Sensitive Health Info for Advertising
The Federal Trade Commission (FTC) has taken enforcement action for the first time under its Health Breach Notification Rule against the telehealth and prescription drug discount provider GoodRx Holdings Inc., for failing to notify consumers and others of its unauthorized disclosures of consumers’ personal health information to Facebook, Google, and other companies. In a first-of-its-kind proposed order, filed by the Department of Justice on behalf of the FTC, GoodRx will be prohibited from sharing user health data with applicable third parties for advertising purposes, and has agreed to pa
Competition in the Mobile Application Ecosystem
After broad outreach, and input that included more than 150 comments from a diverse array of stakeholders, NTIA identified two key policy issues hindering a more competitive app ecosystem: 1) Consumers largely can’t get apps outside of the app store model, controlled by Apple and Google. This means innovators have very limited avenues for reaching consumers. 2) Apple and Google create hurdles for developers to compete for consumers by imposing technical limits, such as restricting how apps can function or requiring developers to go through slow and opaque review processes.
Gonzalez v. Google LLC: i2Coalition files amici brief with US Supreme Court
On January 18, 2023, the i2Coalition filed an amici brief with the US Supreme Court in Gonzalez v.
Senator Cynthia Lummis (R-WY) Advocates a Transparency-Based Approach to Social Media Moderation
Social media companies need to further enhance transparency around the content moderation requests that they receive from governments to better safeguard users’ speech online, according to Senator Cynthia Lummis (R-WY), who has focused on tech-related policy issues during her time in office. Sen. Lummis—who serves on the influential Senate Commerce Committee—said that it is “an unprecedented time in history” for freedom of speech and the manner in which governments regulate public discourse, particularly “the real-time failures of government when it comes to interacting with companies that
Apple beefs up smartphone services in ‘silent war’ against Google
Apple is taking steps to separate its mobile operating system from features offered by Google, making advances around maps, search and advertising that have created a collision course between the Big Tech companies. The two Silicon Valley giants have been rivals in the smartphone market since Google acquired and popularized the Android operating system in the 2000s. Apple is still engaged in a “silent war” against its arch-rival by developing features that could allow the iPhone maker to further separate its products from services offered by Google. The first front of this battle is mapping
Justice Department Sues Google for Monopolizing Digital Advertising Technologies
The Justice Department—along with the Attorneys General of California, Colorado, Connecticut, New Jersey, New York, Rhode Island, Tennessee, and Virginia—filed a civil antitrust suit against Google for monopolizing multiple digital advertising technology products in violation of Sections 1 and 2 of the Sherman Act. Filed in the US District Court for the Eastern District of Virginia, the complaint alleges that Google monopolizes key digital advertising technologies, collectively referred to as the “ad tech stack,” that website publishers depend on to sell ads and that advertisers rely on to
What to expect from a GOP House majority on broadband, 5G, and big tech
With a White House and Senate under Democratic control, passing sweeping legislation may be a challenge for House Republicans, but it’s likely that they will apply pressure on the current and forthcoming tech policy goals of the Biden-Harris administration. Despite Republicans’ concerns with the current administration’s spending, closing the digital divide should be an area of opportunity for bipartisan action, especially since many Republicans have constituents in severely underserved rural areas.
Supreme Court asks Biden administration to weigh in on social media case
The Supreme Court asked the Biden administration to weigh in on whether states may bar giant social media platforms from removing certain types of political speech, a major First Amendment case that could determine how the constitutional right to free speech applies to the marketplace of ideas on the internet. The request for the solicitor general's views will delay a decision on whether the high court takes up the issue.
Hold The Hallelujahs
I no longer believe, and haven’t for years, that our current commercialized and consolidated media is capable of curing its own ills. I applaud what remains of community and independent media. These folks struggle mightily to maintain sufficient resources needed to do their jobs, but it becomes more difficult each year as newspapers are bought up by huge non-community chains, local stations go off the air, newsrooms are shuttered, reporters are fired en masse, and local, regional, and statehouse coverage diminishes. It’s not working; something else is needed.
Congress Must Halt Big Tech’s Power Grab
Big Tech has far too much power. Ahey have a chokehold over essential channels of communication and commerce, allowing them to be gatekeepers to the digital world. They vacuum up a trove of personal information about users—what they see, hear, read, think and buy. And they distort the “marketplace of ideas.” Congress must act quickly to prohibit the tech giants from unfairly leveraging their dominance into more markets. This doesn’t mean rewriting the antitrust laws but rather taking these three steps: