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

United States and European Commission Announce Trans-Atlantic Data Privacy Framework

The United States and the European Commission have committed to a new Trans-Atlantic Data Privacy Framework, which will foster trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union when it struck down in 2020 the Commission’s adequacy decision underlying the EU-US Privacy Shield framework. By ensuring a durable and reliable legal basis for data flows, the new framework will underpin an inclusive and competitive digital economy and lay the foundation for further economic cooperation. Through the framework, the US makes commitments to:

President Biden's Supreme Court nominee Judge Ketanji Brown Jackson weighs in on antitrust and Section 230

President Biden's Supreme Court nominee Ketanji Brown Jackson hinted she may be open to a more expansive reading of antitrust laws during her confirmation hearing in front of the Senate Judiciary Committee on March 23.

Meta's antitrust defense: a blizzard of subpoenas

Meta —the parent company for Facebook, Instagram and WhatsApp — could drag hundreds of competitors into its legal battle, aiming to slow the Federal Trade Commission's prosecution and "bury" its lawyers in paperwork.

The Tech Questions Facing Ketanji Brown Jackson

In a series of confirmation hearings starting March 21, members of the Senate Judiciary Committee will question Ketanji Brown Jackson, President Biden’s pick to replace Justice Stephen Breyer on the Supreme Court — and while tech policy is not expected to be a major area of focus for either party, two issues in particular could come up. Critics of the tech industry’s treasured liability shield often claim judges have interpreted Section 230 of the Communications Decency Act too broadly.

House Republicans bicker over post-midterm antitrust plans

House Republicans’ “Big Tech Censorship and Data Task Force” presented its preliminary proposals to rein in major tech companies on March 16 — and a significant antitrust overhaul is not particularly high on the agenda. The task force, established in 2021 by Rep Kevin McCarthy (R-CA) and led by Rep Cathy McMorris Rodgers (R-WA), is developing proposals on Section 230 reform and privacy for the GOP to mobilize around if the party takes back the lower chamber in November 2022.

Tech's favorite Biden official

Commerce Secretary Gina Raimondo, President Biden's most powerful appointee on technology, has largely been an ally to the sector, defending US tech firms abroad and pushing for funding domestically. With Big Tech critics in charge of the government's antitrust enforcement efforts, Sec Raimondo has become the industry's key advocate within the Biden administration. She was deeply involved in negotiations on the bipartisan infrastructure law, with her agency 

Can Russia build its own ‘Great Firewall’?

As the Kremlin moves to block or throttle more foreign websites and Russian citizens rush to deploy workarounds such as virtual private networks, concern is growing that Moscow plans to recreate Beijing’s tough restrictions — known collectively as the “Great Firewall” — that shield Chinese citizens from much of the broader internet. But Russia likely possesses neither the infrastructure nor the technical capabilities to mirror China’s relative success in walling off its citizens from the web.

Tech's globalist dream is dying

The tech world order that came together in the '90s at the Cold War's end is falling apart as a new rift between Russia and the West opens and a great retrenchment begins. The breakup of the USSR in the early '90s opened an era in which internet use rapidly spread around the globe and US tech companies viewed the entire planet as both factory floor and market. Working from that assumption helped a handful of companies grow to previously inconceivable size, wealth and power.

House Republicans Express Concerns With the Biden Administration's Statements on Health Misinformation Online

House Republican Leaders sent a letter to US Surgeon General Vivek Murthy regarding the Biden Administration's approach to COVID-19 related misinformation on tech platforms. "We write with significant concerns that the Biden Administration continues to undermine the First Amendment by pressuring technology companies to censor specific users and certain speech," reads the letter sent by Reps Cathy McMorris Rodgers (R-WA), Jim Jordan (R-OH), Steve Scalise (R-LA) and James Comer (R-KY). "The First Amendment prohibits the government from directly censoring speech it finds objectionable.