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 Reintroduce Bipartisan Legislation to Increase Transparency on Internet Platforms
Sens John Thune (R-SD), Richard Blumenthal (D-CT), Jerry Moran (R-KS), Marsha Blackburn (R-TN), Brian Schatz (D-HI), and Mark Warner (D-VA) reintroduced the Filter Bubble Transparency Act (S.2024). The bill would require large-scale internet platforms that collect data from more than 1 million users and gross more than $50 million per year to provide greater transparency to consumers, and allow users to view content that has not been curated as a result of a secret algorithm.
Sen Wicker Introduces Bill to Prohibit Big Tech from Controlling Online Speech
Sen Roger Wicker (R-MS) introduced the Promoting Rights and Online Speech Protections to Ensure Every Consumer is Heard (PRO-SPEECH) Act (S.2301). This bill would establish baseline protections to prohibit Big Tech from engaging in unfair, deceptive, or anti-competitive practices that limit or control consumers’ speech. The PRO-SPEECH Act aims to:
Ohio Lawsuit to Declare Google a Common Carrier Not Obviously Stupid – But No Sure Deal Either.
The Ohio Attorney General asked an Ohio state court to declare Google a common carrier and/or public utility under the laws of Ohio and Ohio common law. The complaint is novel -- and not obviously stupid. But it has some real obstacles to overcome. As Feld has written at length before, the history of common carrier regulation goes back 500 years in the common law.
Google Should Be Treated as Utility, Ohio Attorney General Argues in New Lawsuit
Ohio’s attorney general filed a lawsuit asking a judge to rule that Google is a public utility. Ohio said that it is the first state in the country to bring a lawsuit seeking a court declaration that Google is a common carrier subject under state law to government regulation.
Florida, in a First, Will Fine Social Media Companies That Bar Candidates
Florida became the first state to regulate how companies like Facebook, YouTube and Twitter moderate speech online, by imposing fines on social media companies that permanently bar political candidates for statewide office. The law, signed by Gov. Ron DeSantis (R-FL), is a direct response to Facebook’s and Twitter’s bans of former President Donald Trump in January.
Ending Big Tech's Free Ride
The Federal Communications Commission's current model for funding internet builds is now hopelessly outdated. The dominant platform for communications has shifted from the telephone network to the internet. Indeed, the revenue base associated with the traditional telephone network has fallen sharply from a peak of around $80 billion in the 2000s to less than $30 billion today as more and more services—including those now offered by Big Tech—are delivered over the internet instead.
In Antitrust Trial, Tim Cook Argues Apple Doesn’t Hurt App Makers
In a major moment in Apple’s efforts to fend off growing scrutiny of its power, Tim Cook took the stand in a trial for the first time as Apple’s chief executive and defended his business from accusations that it hurt app makers to expand its profits.
Heavyweights Join Facebook-backed, Pro-Tech Group, the American Edge Project
House Commerce Committee Chairman Greg Walden (R-OR) and former Sen. Heidi Heitkamp (D-ND) are joining the American Edge Project and will work to promote “internet openness, accessibility and free expression” as lawmakers inch towards regulating the major tech companies. In addition to Facebook, the group’s members include tech trade group NetChoice and the Connected Commerce Council.
Gigi Sohn Discusses Communications Policy Under Biden Administration
On March 10, Benton Senior Fellow and Public Advocate Gigi Sohn joined Womble Bond Dickinson’s Womble PRIDE, an affinity group for the firm’s LGBTQ+ team members and allies, and the National LGBT+ Bar Association for an in-depth look at how the Biden administration may reshape the communications landscape. Sohn discussed network neutrality under President Joe Biden, Section 230, and closing the digital divide.
Economic Impact of Big Tech Platforms on the Viability of Local Broadcast News
Radio and television stations’ local content – particularly news – provides great value for audiences on the major technology platforms. However, broadcasters are not fairly compensated for this valuable content because of the way the markets currently operate. The reason for that is simple – these tech platforms have substantial market power in their provision of services, and they use that power for advancing their own growth and benefit to the detriment of local broadcast journalism.