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- Title
GOING “GLOBAL” ON BIG TECH REGULATION.
- Authors
Frost, Neli
- Abstract
Gonzalez v Google LLC marked the Supreme Court’s first potential pronouncement on Big Tech’s “Section 230 immunities” for content featured on their platforms. The Court eventually declined to rule on the matter, but the case gives rise to an issue more fundamental than content moderation. It raises deep concerns regarding the democratic harms caused by Big Tech’s recommendation algorithms and their structural shaping of public discursive spheres. This Article argues that these democratic harms are not the problem of any one democracy alone, and thus require a broad collaborative regulatory response. Current approaches to Big Tech regulation remain essentially parochial when they urgently need to go “global.” The Article first reframes the stakes of Big Tech as that of “political voice” deficits. It argues that these democratic deficits are-descriptively and normatively-a concern of multiple democracies individually and collectively. Following this insight, the Article critically reviews the limits of current regulatory approaches. Then, drawing on international environmental law, it offers an alternative approach that sets to institutionalize wider cooperation on the global stage via the legal framework of due diligence. This framework is no cure-all. But it charts a way forward that considers the constitutive transnationality of Big Tech and its profound implications for political space, action, and contestation.
- Subjects
TECHNOLOGY &; state; GOVERNMENT regulation; RECOMMENDER systems; INFORMATION filtering systems; ALGORITHMS; DUE diligence; DEMOCRACY
- Publication
New York University Journal of International Law & Politics, 2024, Vol 56, Issue 2, p623
- ISSN
0028-7873
- Publication type
Article