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In crafting regulations, Congress and relevant regulators—whether through the pending tech antitrust bills or as part of a future comprehensive regulatory statute—should reign in anti-competitive practices and consumer harms that are uniquely enabled by gatekeeper status, above and beyond any rules proposed through general online services regulations. Specifically, goals for gatekeeper regulation should include:.


To achieve these gatekeeper goals, both structural and functional separation should be utilized where appropriate. An operational or functional separation requires the firm to create separate divisions within the firm, requiring that a platform wishing to engage in commerce may do so only through a separate and independent affiliate, which the platform may not favor in any manner.


A full structural separation, by contrast, requires that the platform activity and commercial activity be undertaken through separate corporations with distinct ownership and management. Khan makes a persuasive case for reviving structural separation approaches for digital markets, particularly in light of the challenges in functional separation.


Structural separation approaches for gatekeepers should continue to be initiated through antitrust litigation or in clearly defined statutes, such as in the proposed Ending Platform Monopolies Act. Agency regulators tasked with gatekeeper oversight might also be given the ability to initiate functional separation.


In some circumstances, functional separation could be the maximal appropriate tool for a dedicated regulator to level on a gatekeeper—preserving structural separation as an option through antitrust enforcement or when explicitly directed by statute in cases of unavoidable conflicts of interest. Beyond structural and functional separation approaches, further strategies employed in gatekeeper oversight should include restrictions on self-preferencing, bundling, price discrimination, interoperability and data-sharing rules, and enhanced disclosure obligations tailored to particular forms of gatekeeping power, among others:.


While some of the harms from dominant digital gatekeepers can be alleviated by industrywide rules and baselines imposed on general online service providers, others will require dedicated scrutiny. Due to the regulatory debt built up around gatekeepers and their economic importance, one-size-fits-all rules cannot always capture the issues posed by particular gatekeeping powers. In addition to clear rules wherever possible, a regulator with the mandate to examine the best way to preserve and balance the principles set forth by Congress, with the flexibility to evaluate specific types of gatekeeper power, would be a useful complement to reinvigorated antitrust action in the digital platform space.


The instantaneous speed, amplification, discovery, and relational nature of speech online are at the heart of the productive and transformative capabilities of the internet.


In particular, negligent business models that amplify, promote, and target content to certain users are accelerating societal divisions, compounding existing inequities, and sustaining extractive surveillance business models.


These systems have been easily exploited by malicious actors for purposes of harassment, voter suppression, and disinformation, adding even greater urgency to long-standing problems. The regulatory proposals in this report and the relevant tools outlined below focus on how online services treat consumers, creators, business users, workers, and competitors.


They do not constitute a program of direct speech regulation. Instead, this framework creates the capacity for regulators to identify clear risks, including systemic risks, and address them through the lenses of consumer protection, civil rights, and competition. These are long-standing regulatory and oversight traditions that can address specific issues as they are—for example, abusive business practices, deprivation of rights, or anti-competitive practices.


They offer sensible, legal interventions related to many, though certainly not all, issues included in the locus of discussion around so-called harmful but legal online content. These traditions may offer a more tractable lens than that of speech regulation, which will face steep challenges in the courts. Many of the tools below target the troubling information asymmetry between private online services providers and everyone else. These providers are profoundly influential in shaping public discourse.


Their refusal to provide the public, regulators, or researchers with even basic data about their business practices and programs is a foundational rejection of their public interest responsibilities. The apparent misrepresentations that some providers have willingly made to the public and even Congress are likewise deeply troubling.


In unpacking how those tools apply to harmful content online, it is helpful to disaggregate the term into specific issues. Myriad problems tend to get lumped together in this discussion, particularly as they relate to reform or repeal of Section intermediary liability protections. These include but are not limited to harassment, hate speech, scams, discrimination, fraud in advertising, doxxing, algorithmic transparency, misinformation, disinformation, voter suppression, radicalization, election interference, or nonconsensual pornography.


Each of these is a serious issue meriting dedicated consideration. New regulatory tools might be able to address various aspects of specific problems, such as deceptive design, negligent business practices, infringement of rights, abuses of market power, or the need for greater redress or understanding.


An online infrastructure regulator might impose public interest transparency reporting or staffing obligations to enable rights-respecting treatment of illegal content among infrastructural providers.


A general online services regulator might bring to bear enhanced investigatory and rule-making powers wherever technologies or business practices are anti-competitive, unfair, deceptive, abusive, insecure, data extractive, or likely to violate civil rights.


The requirement to consider effects on information diversity within online services rule-making will ensure that new rules promote pluralism over continued concentration. Additional gatekeeper rules for the largest and most important players will provide further oversight and systemic mitigation of risks to national cybersecurity and democratic infrastructures, among other critical systems.


Expertise, investigations, and referrals: As part of their oversight obligations, regulators may conduct investigations into critical issues and, where necessary, serve as an expert partner on efforts by other government entities in understanding and protecting the public interest in their areas of work.


These inquiries may touch on various issues related to harmful online content, such as understanding online voter suppression or foreign influence operations, in partnership with relevant agencies such as the DOJ or FEC.


While the goal of protecting freedom of expression is clear, the best means to achieve it is an open debate. How should society treat speech that seeks to undermine the very idea of public discourse itself? What is an appropriate, rights-respecting role for government within that treatment? A favorite U.


But automated, instantaneous global amplification and surveillance-driven targeting that are used to uplift, silence, or drown out other voices begs the question of whether protecting freedom of expression requires approaches that accommodate, rather than ignore, the ways technology has changed how people communicate.


An entity with the tools to bring transparency, research, and understanding to this space is one that can illuminate potential remedies going forward. In particular, increased transparency on platform moderation practices will be needed to assess the effects of any carefully calibrated updates. Additionally, if there are very narrow, specific issues that are so severe that they merit changes to speech regulation by Congress, such proposals would only be upheld by the courts with overwhelming evidence of harm.


Thus, the full range of possible actions in this realm will require clearer evidence on harms and tradeoffs. Greater understanding can aid lawmakers and the public in assessing proposals on their merits.


The proposals in this report outline a variety of sensible new tools for regulators to mitigate harm from online content problems. This rights-respecting approach is not totalizing, but it is a powerful, legal, and tractable place to start. Regulatory effectiveness faces a host of challenges, including regulatory capture, enforcement failures, difficulty for users, and a range of capacity and cultural constraints.


But as discussed above, there are limits to the ability of statutes to fully address the range, variety, and dynamism of some online services markets.


Principles-based rule-making powers can offer a powerful complement to clear statutes in addressing complex, emerging issues and balancing conflicting priorities. New and existing statutes and rule-making powers will all need to be brought to bear in combination, despite the particular shortcomings of each. Shedding new light on longstanding administrability challenges is outside the scope of this paper.


But going forward, these challenges should not be underestimated, nor should they serve as a barrier to action. Expansion of existing agencies and consideration of new agencies should both be on the table. In either case, these proposals require significant expansion of the U. The federal government must design a creative system that recruits needed expertise while sufficiently insulating agencies from industry capture.


Such capacity will aid in making technologies more legible to the public, taking the air out of any unrealistic industry exaggerations of technical complexity and challenging unfounded objections to sensible regulation. Developing effective regulation will require wholesale rejection of the discriminatory industry dynamics—particularly around racial and gender-based discrimination—that are encoded and amplified throughout technologies, services, and products today.


Creating a center of excellence within the executive branch for online services could be a catalyst to ensure that the U. Specialist regulatory entities could also provide needed expertise and common principles for use in other areas, such as housing, labor, or transportation. While some responsibilities described in this report mark clear shifts from current work at existing regulatory agencies, others are more natural outgrowths. Going forward, administrative options could include:.


The FTC carries the dual mandate of competition and consumer protection. It looks holistically at these factors across large and small players and offers experience with issues around consumer data and privacy. Especially in an era characterized by extreme corporate concentration across multiple sectors, the FTC is already vastly underfunded and understaffed relative to its mandate: As noted previously, over the past four decades, the U.


Given the invisible yet pervasive nature of modern digital consumer protections harms and their threats to fundamental rights, the FTC will play a critical role in reigning in predatory practices, regardless of how any other expansions are accomplished. The agency has significant rule-making expertise and staff technologists who understand the hardware and software sides of core communication technologies and lower-stack internet service providers.


The agency may, however, be less well-suited to online services regulation more generally. Its work has historically tended to be deliberate, and it may face challenges in expanding to a broader role charged with competition policy, new technology markets, and dynamic regulation.


Therefore, if distributing responsibilities, the more sensible option may be to split administration, housing online infrastructure oversight at the FCC and charging the FTC or a new agency with general online services and gatekeeper oversight. Similarly, the National Institute of Standards and Technology NIST has begun to play a key role in setting cybersecurity standards, analyzing facial recognition, and beginning to outline the impacts of AI.


Department of Commerce, and while they have not historically held robust online services regulation roles, they are clear executive agency candidates for increased involvement. Housing new authorities at the executive agencies does, however, introduce greater risk around politicization and instability that may be precipitated by changes of administration. Thus, expanding the powers of an executive agency—rather than an independent one—would need to overcome steep administrability challenges and require strong congressional oversight.


Establish a new agency: Given the scale of distinctive expertise that effective online services regulation would require, a new agency may be a sensible path forward. A new body offers the chance to think carefully and creatively about administrative design without upending existing work.


It enables a fresh start and dedicated focus, rather than adding a competing one; as Harold Feld notes in his writing on the question, expansion of existing agencies may pit the interests of the new focus against the old, where organizational culture and momentum strongly favor the latter. Creating a new agency would demand significant resources and political will but may be the better long-term solution for the historic task at hand.


Expand any future new privacy agency: There are several proposals before Congress to create a new federal data privacy agency, similar to the national data protection authorities found in most other countries. These proposals include Sen. Indeed, privacy is but one among several important areas of work around online services. Policymakers should take care not to solely prioritize privacy at the expense of other critical areas, such as competition, security, and expression.


All of the options outlined above have their advantages and disadvantages, the details of which will be hotly debated as Americans continue to demand action from Congress on tech regulation. Regardless of the chosen future approach, it is clear that the federal government must pursue significant action and investment to regulate online services more effectively, whether through sweeping, comprehensive overhaul or incremental change.


Alongside the many benefits they create, online services have generated widespread economic, consumer, and democratic harms. These harms, however, are not inevitable. Market failures, regulatory gaps, and enforcement oversights have left Americans with few alternatives but to suffer violations of privacy and civil rights in order to use increasingly essential online services. The evidence of serious problems is clear, yet frustratingly incomplete, as the lack of transparency from online services creates a stark information asymmetry between internet companies and everyone else.


The United States lags behind other nations in working to understand and address these harms through regulation, instead ceding immense power over the economy and society entirely to private actors. Unsurprisingly, the individuals and companies that disproportionately benefit from the concentrated economic and political power of online services believe that addressing these harms is heavy-handed.


However, the scope, scale, and disproportionate impact of harms from online services on low-income and marginalized communities justify serious action. Effective online services regulation is essential to creating the future internet that Americans want: one that promotes equitable growth, drives innovation in the public interest, protects freedom of expression, and curbs harms from online services.


To achieve this, Congress must prioritize proactive, targeted oversight and dedicated rules and regulation for online services. Together with reinvigorated antitrust action, new competition policy, and robust new federal privacy law or rules, enhanced online services regulation is the critical final tool to reestablish democratic oversight of online services.


In wrangling the universe of online services, this report advanced a three-part framework to address varied challenges. First, it proposed an opt-in online infrastructure tier establishing public interest obligations, including common carriage principles and nondiscrimination, alongside dedicated intermediary liability protections for infrastructural services.


Next, the authors outlined the need for dedicated oversight and new, proactive rule-making powers for general online services, setting up baseline rules for all participants in online services markets based on legislatively enumerated rules and principles.


There are many potential pathways to actualizing this framework—a combination of new and existing statutes, new rule-making powers, and revived use of existing powers is needed. Likewise, there are several potential strategies for regulatory administration. None of the proposals present a substitute to structural remedies that could more effectively prevent and address inherent conflicts of interest.


However, the scope of online issues that are beyond the reach of structural approaches presents a strong argument for additional regulatory capacity. In any arrangement, designing robust safeguards against industry capture is paramount. The Center for American Progress anticipates and welcomes critical conversation on the optimal definitional and administrative approach. The challenges ahead to U. The road ahead is a significant undertaking, but the cost of inaction would be greater.


Better online services are possible, and there is an appropriate role for the U. The authors are grateful to a community of supportive colleagues, friends, and thought partners who shaped this work. They are humbled by and indebted to the critical work of advocates, scholars, and journalists who have persevered against significant odds to illuminate the ways in which online services are changing our lives—for better and for worse.


The authors are grateful to their partners within the Change the Terms coalition for their tireless and instructive leadership. The authors wish to additionally thank the following brilliant people who, in their personal capacities, provided time, expertise, and diverse perspectives in the development of this work.


The process was iterative, but their patience and wisdom were consistent. Antitrust Enforcement and Competition Policy. A primary business unit—such as an e-commerce marketplace, social media service, search engine, or digital advertising exchange—is defined in contrast to an ancillary business unit.


While these services would still be subject to any applicable general online services rules, they would not alone be sufficient to also qualify businesses as gatekeeper services. Such a definition will need to be further defined to prevent abuse. Set the deadline and keep calm. Receive your papers on time. Detailed Writer Profiles. Email and SMS Notifications. Plagiarism Free Papers. We double-check all the assignments for plagiarism and send you only original essays.


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