The Georgetown Law Tech Review's Symposium Issue went live today, featuring articles presented during our February symposium on the Regulation and Governance of Information Platforms.
The issue features pieces from Georgetown Law's Paul Ohm, Julie Cohen, and Anupam Chander, and Tech Institute Fellow Gigi Sohn. Other leading voices in technology scholarship also contributed essays, including former FTC Commissioner Terrell McSweeny writing about whether the FTC is keeping pace with new technologies, Danielle Citron and Ben Wittes in dialogue with EFF's Cindy Cohn writing about changes to Section 230, and Deidre Mulligan about misinformation and the right to truth.
In her introductory essay, Julie Cohen writes:
"Encounters between networked information technologies and law tend to be framed as examples of what happens when an irresistible force meets an immovable object. For example, some argue that networked information and communication technologies are technologies of freedom, able to help human civilizations solve all of our most pressing problems—if only the law will stop undermining technology’s potential and either get with the program or get out of the way. Others assert that it is information technology that fatally undermines the rule of law—that unbreakable encryption and untraceable alternative currencies will plunge society into chaos, or that unaccountable and fundamentally nonhuman artificial intelligences spell the end for antiquated models of social control and regulation.
Whether any of those inspiring or doom-laden predictions will come to pass is beyond our ability to know, but their premises are wrong. Networked information technologies inevitably will alter, and are already altering, the future of law but not because there is any single, irresistible arc of technological progress. The reason, rather, is very nearly the opposite: information technologies are highly configurable, and their configurability offers multiple points of entry for interested and well-resourced parties to shape their development. For similar reasons, law is not an immovable object. Legal institutions are not fixed, Archimedean points around which modes of economic development shift and cohere. They are arenas in which interested parties struggle to define what constitutes “normal” economic or government activity and what qualifies as actual or potential harm, and they are also human-created artifacts whose form and function are not preordained.
[...] Understanding the various interactions between platforms and the law—and acting to reshape those interactions if their results are too socially costly—have become profoundly important projects. The essays in this symposium issue of the Georgetown Law Technology Review seek to broaden and deepen that discussion. Taken as group, the conceptual frameworks and regulatory proposals that the essays offer reflect efforts to bridge the space between old and new ways of thinking about the functions that platforms perform and the appropriate ways of governing those functions."
A list of Symposium articles below, and you can view the full issue here.
I. GOVERNANCE OF AND BY PLATFORMS
- Platforms Are Not Intermediaries - Tarleton Gillespie
- The Platform Is the Message - James Grimmelmann
- Regulating Informational Infrastructure: Internet Platforms as the New Public Utilities - K. Sabeel Rahman
- Primitives of Legal Protection in the Era of Data-Driven Platforms - Mireille Hildebrandt
II. PROBLEMS OF ACCESS AND ENTRY
- Should We Be Concerned about Data-opolies? - Maurice E. Stucke
- Sources of Tech Platform Power - Lina M. Khan
- A Policy Framework for an Open Internet - Gigi B. Sohn
- Integrative Information Platforms: The Case of Zero-Rating - Olivier Sylvain
- Prosumer Law and Network Platform Regulation: The Long View Towards Creating OffData - Chris Marsden
III. PROBLEMS OF FACT AND VALUE
- The Myth of Platform Neutrality - Anupam Chander and Vivek Krishnamurthy
- From Platforms to Springboards - Derek E. Bambauer
- Bad Facts Make Bad Law: How Platform Censorship Has Failed So Far and How To Ensure that the Response to Neo-Nazis Doesn’t Make it Worse - Cindy Cohn
- The Problem Isn’t Just Backpage: Revising Section 230 Immunity - Danielle Keats Citron and Benjamin Wittes
- Why Do People Share Fake News? A Sociotechnical Model of Media Effects - Alice E. Marwick
IV. CODING REGULATION VS. REGULATING CODE
- Psychographics, Predictive Analytics, Artificial Intelligence, & Bots: Is The FTC Keeping Pace? - Terrell McSweeny
- Technology Regulation by Default: Platforms, Privacy, and the CFPB - Rory Van Loo
- Regulating at Scale - Paul Ohm
- Rescripting Search to Respect the Right to Truth - Deirdre K. Mulligan and Daniel S. Griffin