Regulating Digital Industries
How Public Oversight Can Encourage Competition, Protect Privacy, and Ensure Free Speech
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Product details:
- Publisher Bloomsbury Publishing (UK)
- Date of Publication 7 November 2023
- Number of Volumes Paperback
- ISBN 9780815739814
- Binding Paperback
- No. of pages498 pages
- Size 228.6x152.4x30.48 mm
- Weight 689 g
- Language English
- Illustrations 1 b/w illustratio Illustrations, unspecified 501
Categories
Long description:
Regulating Digital Industries is the first book to address the tech backlash within a coherent policy framework. It treats competition, privacy and free speech as objectives that must be pursued in a coordinated fashion by a dedicated industry regulator. It contains detailed discussions of current policy controversies involving social media companies, search engines, electronic commerce platforms and mobile apps. It argues for new laws and regulations to promote competition, privacy and free speech in tech and outlines the structure and powers of a regulatory agency able to develop, implement and enforce digital rules for the twenty-first century.
Deeply informed by the history of regulation and antitrust in the United States, it brings to bear insights from the breakup of AT&T and the Microsoft case and from broadcasting and financial services regulation to enrich the discussion of remedies to the failure of tech competition, the massive invasion of privacy by digital firms and the information disorder perpetuated by social media platforms. It offers a comprehensive summary of regulatory reform efforts in the United States and abroad and shows how accomplishing the goals of these reform efforts requires the establishment of a single digital agency with jurisdiction to reconcile and balance the complementary and conflicting goals of promoting competition, protecting privacy, and preserving free speech in digital industries.
It discusses in detail how a digital regulatory agency would be structured and the powers it would need to have. It confronts head on some of the challenges in establishing a strong digital regulator including the First Amendment roadblock that limits government authority over digital speech and the judicial opposition to the expansion of the administrative state. It is essential reading for policymakers, public interest advocates, industry representatives, academic researchers and the general public interested in a coherent policy approach to today's tech industry discontents.
Table of Contents:
Foreword
Digital Industries and Their DiscontentsIntroduction
Dominance in Digital Industries
Centrality of Digital Services
Privacy Challenges
Content Moderation Challenges
The Regulatory Solutions
The Digital Regulator
Coda: From Here to There
Competition Rules for Digital IndustriesThe Anti-Monopoly Moment
Promoting Competition in the Telephone Industry
Preventing Monopolization in Computer Software
The New Pro-Competitive Tools
Amazon's Antitrust Troubles
The Google-Apple Mobile App Duopoly
Google's Search Monopoly
The Ad-Tech Conundrum
Facebook's Mergers
Privacy and Content Moderation in Digital Mergers
Data Portability, Interoperability and Nondiscrimination for Social Media
Regulatory Forbearance
Conclusion
Privacy Rules for Digital IndustriesIntroduction
What is Privacy?
Limitations of Privacy as Individual Control
Legal Bases for Data Use
Data Minimization and Purpose Limitation
Ban on Abusive System Design
Fiduciary Duties of Care and Loyalty
Restricted Use
Expert and Balanced Enforcement
First Amendment Issues
Coda
Content Moderation Rules for Social Media CompaniesIntroduction
User Transparency
Transparency Reporting
Access to Social Media Data for Researchers
Regulation of Social Media Algorithms
A Dispute Resolution Program for Social Media Companies
Notice Liability
Political Pluralism
Social Media Duties to Political Candidates
First Amendment Issues
The Digital RegulatorIntroduction
Defining Digital Industries
Defining Dominance and Centrality
Agency Structure and Jurisdiction
Exclusive jurisdiction
Independence
Limited Authority
Accountability
Co-Regulation
Internal Organization
Resources
Other Policy Issues
Regulatory Capture
Balancing Agency Missions
Judicial Review
Chevron Deference
Non-Delegation
Implications for the Digital Regulator
Conclusion
Where Do We Go From Here? Introduction
Competition Policy
Privacy
Content Moderation
Coda
