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Regulating Digital Industries calls for a single industry regulatory agency to promote competition, privacy and free speech in digital industries.
List 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
About the author
Mark MacCarthy is a nonresident senior fellow at the Brookings Institution and adjunct professor at Georgetown University's Communication, Culture, & Technology Program. A prolific writer on tech policy issues, he was formerly a Congressional staffer and public policy advocate for the broadcasting, financial services, and tech industries.
Summary
The Regulation of Digital Industries calls for a single industry regulatory agency to promote competition, privacy and free speech in digital industries.
