Law and Regulation of Online Platforms

Technology platforms — the intermediaries that shape as well as enable our social and professional interactions, media consumption and game playing, online purchases, and more — have long been treated with cautious deference by lawmakers and regulators concerned that government interference could hamper innovation. But that has changed in recent years, with calls from all sides of the political spectrum to rein in the power of today’s tech giants through a variety of different legal reforms addressing consumer privacy, freedom of speech, algorithmic bias, anti-competitive behavior, and more. Even when action at the federal level is variable and unpredictable, the states have shown an interest in litigation and legislation to force platforms to internalize some of the harms associated with their operations. This seminar will explore the legal framework for platform regulation in the United States, with an emphasis on platforms' role in enabling harmful third-party conduct. We will begin by contrasting the treatment of intermediaries under copyright and trademark law with the almost-complete immunity that Section 230 of the Communications Decency Act confers for non-IP claims. We will then turn to current debates over whether platforms should face greater responsibility for preventing or limiting internet-related harms, and will close with a unit on platform antitrust law. Given the fast-changing landscape, precise topics will be determined in the lead-up to the semester, but they may include perceived political bias, algorithmic amplification, mis/disinformation, and responses to government efforts to influence rather than mandate platform behavior. RECOMMENDED COURSES: There are no specific required or recommended courses. However, students may benefit from previously or contemporaneously taking other classes related to law and technology, including classes concerning intellectual property, information privacy, or cybersecurity, or classes in relevant subject matters such as antitrust or First Amendment law. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement in part or in full. GRADING NOTICE: This class does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment."