Download or read book Novel Neutrality Claims Against Internet Platforms written by Jeffrey Paul Jarosch and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines a recent trend in which the Federal Trade commission and other enforcement agencies investigate Internet platforms for behavior that is insufficiently "neutral" towards users or third parties that interact with the platform. For example, Google faces a formal FTC investigation based on allegations that it has tinkered with search results rather than presenting users with a "neutral" result. Twitter faces a formal investigation after the social media service restricted the ways in which third-party developers could interact with Twitter through its application programming interface ("API"). These investigations represent a new attempt to shift the network neutrality debate to higher-level Internet platforms. Rather than focusing on providing basic Internet access neutrally, these novel neutrality claims look to platforms that are built upon the Internet, and seek to ensure that they, too, behave "neutrally." Unfortunately, network neutrality principles do not transition well from Internet service providers to search engines and social media sites. Ultimately, the network neutrality debate serves as a poor tool for scrutiny of higher-level Internet platforms. This article demonstrates that network neutrality cannot be applied to higher-level Internet platforms and then examines another possible method of analyzing novel neutrality claims using antitrust law. It re-frames novel neutrality claims as tying arrangements, the subject of extensive antitrust law and scholarship. In applying tying doctrine to novel neutrality claims, this article demonstrates that it, too, is insufficient for examining novel neutrality claims on Internet platforms. The article closes by proposing a different analysis to examine these novel neutrality claims, an analysis based on Justice O'Connor's attempt to reform tying doctrine.
Download or read book Internet Law written by James Grimmelmann and published by . This book was released on 2023-07-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Platform Neutrality Rights written by Hannibal Travis and published by Taylor & Francis. This book was released on 2024-07-24 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes questions of platform bias, algorithmic filtering and ranking of Internet speech, and declining perceptions of online freedom. Courts have intervened against unfair platforms in important cases, but they have deferred to private sector decisions in many others, particularly in the United States. The First Amendment, human rights law, competition law, Section 230 of the Communications Decency Act, and an array of state and foreign laws address bad faith conduct by Internet platforms or other commercial actors. Arguing that the problem of platform neutrality is similar to the net neutrality problem, the book discusses the assault on freedom of speech that emerges from public-private partnerships. The book draws parallels between U.S. constitutional and statutory doctrines relating to shared spaces and the teachings of international human rights bodies relating to the responsibilities of private actors. It also connects the dots between new rights to appeal account or post removals under the Digital Services Act of the European Union and a variety of fair treatment obligations of platforms under American and European competition laws, “public accommodations” laws, and public utilities laws. Analyzing artificial intelligence (AI) regulation from the point of view of social-media and video-platform users, the book explores overlaps between European and U.S. efforts to limit algorithmic censorship or “shadow-banning”. The book will be of interest to students and scholars in the field of cyberlaw, the law of emerging technologies and AI law.
Download or read book Platform Neutrality Rights written by Hannibal Travis and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book analyses questions of platform bias, algorithmic filtering and ranking of Internet speech, and declining perceptions of online freedom. Courts have intervened against biased platforms in important cases, but they have deferred to private sector decisions in many others, particularly in the United States. The First Amendment, human rights law, competition law, section 230 of the Communications Decency Act, and an array of state and foreign laws address bad faith conduct by Internet platforms or other commercial actors. Arguing that the problem of platform neutrality is similar to the net neutrality problem, the book discusses the assault on freedom of speech that emerges from public-private partnerships. The book draws parallels between U.S. constitutional and statutory doctrines relating to shared spaces and the teachings of international human rights bodies relating to the responsibilities of private actors. It also connects the dots between new rights to appeal account or post removals under the Digital Services Act of the European Union and a variety of fair treatment obligations of platforms under American and European competition laws, "public accommodations" laws, and public utilities laws. Discussing artificial intelligence (AI) regulation, the book explores overlaps between European and U.S. efforts to limit algorithmic censorship or "shadow-banning". The book will be of interest to students and scholars in the field of cyberlaw, the law of emerging technologies and artificial intelligence"--
Download or read book Platform Neutrality written by Francis Jutand and published by Conseil national du numérique. This book was released on 2014-06-13 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its report the French Digital Council keeps a large approach of the neutrality principle: to apply Net neutrality and take into account the digital platforms, which became entry gates to the digital society. Four priority recommendations are developped in this report : Recommendation 1 – Bolster the effectiveness of law in relation to digital platforms Recommendation 2 – Ensure data system fairness Recommendation 3 – Invest significantly in skills and knowledge to bolster competitiveness Recommendation 4 – Set the right conditions to allow alternatives to emerge In addition to this report, the Council publishes: More technical factsheets to deepen some recommendation: - The resources of law to the service of neutrality - Loyalty and sustainably of the data system - Positive neutrality: reuniting the conditions of an open Internet An analysis report on the plateform ecosystems. The restitution of the whole consultation.
Download or read book The Fallacy of Net Neutrality written by Thomas W Hazlett and published by Encounter Books. This book was released on 2011-11-01 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: “There is little dispute that the Internet should continue as an open platform,” notes the U.S. Federal Communications Commission. Yet, in a curious twist of logic, the agency has moved to discontinue the legal regime successfully yielding that magnificent platform. In late 2010, it imposed “network neutrality” regulations on broadband access providers, both wired and wireless. Networks cannot (a) block subscribers’ use of certain devices, applications, or services; (b) unreasonably discriminate, offering superior access for some services over others. The Commission argues that such rules are necessary, as the Internet was designed to bar “gatekeepers.” The view is faulty, both in it engineering claims and its economic conclusions. Networks routinely manage traffic and often bundle content with data transport precisely because such coordination produces superior service. When “walled gardens” emerge, including AOL in 1995, Japan’s DoCoMo iMode in 1999, or Apple’s iPhone in 2007, they often disrupt old business models, thrilling consumers, providing golden opportunities for application developers, advancing Internet growth. In some cases these gardens have dropped their walls; others remain vibrant. The “open Internet” allows consumers, investors, and innovators to choose, discovering efficiencies. The FCC has mistaken that spontaneous market process for a planned market structure, imposing new rules to “protect” what evolved without them.
Download or read book The Twenty Six Words That Created the Internet written by Jeff Kosseff and published by Cornell University Press. This book was released on 2019-04-15 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Did you know that these twenty-six words are responsible for much of America's multibillion-dollar online industry? What we can and cannot write, say, and do online is based on just one law—a law that protects online services from lawsuits based on user content. Jeff Kosseff exposes the workings of Section 230 of the Communications Decency Act, which has lived mostly in the shadows since its enshrinement in 1996. Because many segments of American society now exist largely online, Kosseff argues that we need to understand and pay attention to what Section 230 really means and how it affects what we like, share, and comment upon every day. The Twenty-Six Words That Created the Internet tells the story of the institutions that flourished as a result of this powerful statute. It introduces us to those who created the law, those who advocated for it, and those involved in some of the most prominent cases decided under the law. Kosseff assesses the law that has facilitated freedom of online speech, trolling, and much more. His keen eye for the law, combined with his background as an award-winning journalist, demystifies a statute that affects all our lives –for good and for ill. While Section 230 may be imperfect and in need of refinement, Kosseff maintains that it is necessary to foster free speech and innovation. For filings from many of the cases discussed in the book and updates about Section 230, visit jeffkosseff.com
Download or read book Algorithms of Oppression written by Safiya Umoja Noble and published by NYU Press. This book was released on 2018-02-20 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acknowledgments -- Introduction: the power of algorithms -- A society, searching -- Searching for Black girls -- Searching for people and communities -- Searching for protections from search engines -- The future of knowledge in the public -- The future of information culture -- Conclusion: algorithms of oppression -- Epilogue -- Notes -- Bibliography -- Index -- About the author
Download or read book Network Neutrality and Digital Dialogic Communication written by Alison N. Novak and published by Routledge. This book was released on 2018-10-03 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the months after the Federal Communications Commission’s (FCC) 2017 decision to repeal network neutrality as US policy, it is easy to forget the decades of public, organizational, media and governmental struggle to control digital policy and open access to the internet. Using dialogic communication tactics, the public, governmental actors and organizations impacted the ruling through YouTube comments, the FCC online system and social network communities. Network neutrality, which requires that all digital sites can be accessed with equal speed and ability, is an important example of how dialogic communication facilitates public engagement in policy debates. However, the practice and ability of the public, organizations and media to engage in dialogic communication are also greatly impacted by the FCC’s decision. This book reflects on decades of global engagement in the network neutrality debate and the evolution of dialogic communication techniques used to shape one of the most relevant and critical digital policies in history.
Download or read book Minnesota Law Review written by and published by . This book was released on 2013 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hastings Law Journal written by and published by . This book was released on 2012 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Hastings Law Journal written by and published by . This book was released on 2013 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cyberspace Law written by Raymond S. R. Ku and published by Aspen Publishing. This book was released on 2020-02-04 with total page 1741 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The Fifth Edition of Cyberspace Law: Cases and Materials reflects the broad knowledge and experience of a pioneer in the teaching of Cyberspace law. This was the first casebook devoted exclusively to the study of cyberspace law and is the only one that presents the study of cyberspace law as the study of the creation, dissemination, and acquisition of human thought, creativity, and information in the digital age. The organization of the casebook also allows instructors to adapt the materials to their approaches. Through real world problems students are encouraged to approach the materials as attorneys responding to needs of clients and makers of policy, rather than as passive readers of judicial opinions. The Fifth Edition reflects all major changes in the subject including extensive additions of U.S. Supreme Court decisions discussing personal jurisdiction, freedom of speech, intellectual property, and privacy, and lower court decisions addressing Google Books and Net Neutrality. New to the Fifth Edition: South Dakota v. Wayfair, in which the Supreme Court held that local taxation of online businesses did not unduly burden interstate commerce. A new section devoted to Free Speech and the right to access online platforms: Packingham v. North Carolina, in which the U.S. Supreme Court held that the First Amendment guarantees the freedom of individuals to access websites and social media applications. Knight First Amendment Institute v. Trump, holding that President Trump’s engaged in unconstitutional viewpoint discrimination when he blocked certain users. The First Amendment relationship among media providers, subscribers, and the public from newspapers and the Right of Reply to Internet service providers and Net Neutrality. A new copyright section devoted to fair use. A new and reorganized Privacy chapter including: The Fourth Amendment protection of: geolocation data metadata A deep dive into Facebook in which the social media platform is used as a case study of data privacy regulations A new section on the European Union’s Genera Data Protection Regulation (GDPR) New cases discussing privacy torts and revenge porn New materials on the Computer Fraud and Abuse Act including: U.S. v. Nosal HiQ Labs, Inc. v. LinkedIn Corp. Pulte Homes, Inc. v. Laborer’s Int’l Union of North America A reorganized and updated chapter on Private Ordering including: Starke v. SquareTrade Materials on the European Union’s antitrust investigation and orders into Google and Amazon Professors and students will benefit from: Practical “real world” problems Flexible, logical organization that allows instructors to emphasize selected perspectives Presentation of current Internet law as well as related policy concerns that will drive future legal analysis when new issues emerge
Download or read book Social Media and Democracy written by Nathaniel Persily and published by Cambridge University Press. This book was released on 2020-09-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.
Download or read book The SAGE Handbook of Digital Society written by William Housley and published by SAGE. This book was released on 2022-11-23 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This SAGE Handbook brings together cutting edge social scientific research and theoretical insight into the emerging contours of digital society. Chapters explore the relationship between digitisation, social organisation and social transformation at both the macro and micro level, making this a valuable resource for postgraduate students and academics conducting research across the social sciences. The topics covered are impressively far-ranging and timely, including machine learning, social media, surveillance, misinformation, digital labour, and beyond. This innovative Handbook perfectly captures the state of the art of a field which is rapidly gaining cross-disciplinary interest and global importance, and establishes a thematic framework for future teaching and research. Part 1: Theorising Digital Societies Part 2: Researching Digital Societies Part 3: Sociotechnical Systems and Disruptive Technologies in Action Part 4: Digital Society and New Social Dilemmas Part 5: Governance and Regulation Part 6: Digital Futures
Download or read book The Case for the Digital Platform Act written by Harold Feld and published by Independently Published. This book was released on 2019-10-04 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Case for the Digital Platform Act" is a new book from Harold Feld, Senior Vice President of Public Knowledge and longtime communications industry advocate, in collaboration with Public Knowledge and the Roosevelt Institute. This book aims to guide policymakers on what government can do to preserve competition and empower individual users in the huge swath of our economy now referred to as "Big Tech." Many Americans now wonder how they can reassert control over their lives after ceding so many decisions about our economy and our public discourse to private actors like Facebook, Google, and Amazon. But as Feld points out, we have faced similar challenges from new technologies before. Looking at more than a century of disruptive communications technologies from the telegraph to television to Twitter, Feld picks out patterns of what approaches have worked (and what hasn't) to promote competition, empower consumers and protect democracy. "The Case for the Digital Platform Act" provides a deep dive for policymakers on everything from specific recommendations on how to promote competition to a "First Amendment checklist" for content moderation, while remaining accessible to the general reader looking to participate in the debate over our digital future. Feld explains the need for a "Digital Platform Act" and for an agency specifically charged to regulate digital platforms on an ongoing basis. He proposes a new method of assessing a platform's dominance for purposes of new regulation. He also addresses questions around content moderation rights and responsibilities for companies that have found themselves policing the new public square, all while preserving the best things about digital platforms for their users. Praise for "The Case for the Digital Platform Act": "[...] a tour de force of the issues raised by the digital economy and internet capitalism. Whether you agree or disagree with Harold, these thoughts will stretch your intellect and stimulate your thinking." -Tom Wheeler, Former Chairman of the Federal Communications Commission, Visiting Fellow at The Brooking Institution "You'd be shortchanging yourself by not reading the book of such a principled advocate." -Hal Singer, Managing Director at Econ One Research, Adjunct Professor at Georgetown University's McDonough School of Business, Senior Fellow at George Washington's Institute of Public Policy "I'd bet you can't listen to Harold Feld talk about the Digital Platform Act and not think we need it as law right now. I'm glad Harold Feld and Public Knowledge are making the case for government to do the job Silicon Valley won't." -Chris Savage, Eclectablog
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
