New Legal Analysis: Regulatory Implications of Turning Internet Platforms Into Common Carriers

Neil Chilson

The content moderation policies of major internet platforms like Facebook and X (formerly Twitter) have faced escalating criticism in recent years. Many conservatives now argue that because these platforms exhibit political bias and routinely censor right-leaning political views and news stories, some sort of government regulation is required. Standing in the way, however, is the First Amendment.

The Problem with AI Licensing & an “FDA for Algorithms”

Neil Chilson and Adam Thierer

Last year, we released a study for the Federalist Society predicting “The Coming Onslaught of ‘Algorithmic Fairness’ Regulations.” That onslaught has now arrived. Interest in artificial intelligence (AI) and its regulation has exploded at all levels of government, and now some policymakers are floating the idea of licensing powerful AI systems and perhaps creating a new “FDA for algorithms,” complete with a pre-market approval regime for new AI applications. Other proposals are on the table, including transparency mandates requiring government-approved AI impact statements or audits, “nutrition labels” for algorithmic applications, expanded liability for AI developers, and perhaps even a new global regulatory body to oversee AI development.

Tech Roundup Episode 18 – The Future of AI Regulation: Examining Risks and Rewards

In this Tech Roundup episode, we delve into the discussions raised by the U.S. Senate Judiciary Committee’s recent hearing on AI regulation.

Explainer Episode 50 – FTC on Privacy: The Statutory Authority Behind the Plan

Last November, the Federal Trade Commission accepted comments on its proposal to start a rulemaking related to “Commercial Surveillance” – the agency’s newly minted term for any and all business use of data about customers.

Deep Dive Episode 163 – Shapers of Cyber Speech: Silicon Valley and American Discourse

Experts debate the pros and cons of regulatory proposals aimed at curbing social media content moderation.

Shapers of Cyber Speech – Silicon Valley and American Discourse

What are the realistic regulatory options for curbing Silicon Valley’s influence on the national discourse? What are the potential downsides of these options?

The DOJ’s Weak Case Against Google

Neil Chilson

Governing the Internet: Antitrust enforcement can ensure competitive markets that benefit consumers. But politicized antitrust benefits a few companies and politicians at the expense of everyone else.

Explainer Episode 16 – An Update on Antitrust and Big Tech

Neil Chilson breaks down the recent developments with antitrust and big tech and discusses how they fit into the broader picture of antitrust law in the United States.

The Price of Privacy: A Debate over Corporate Surveillance

Data is being collected on each of us every day by the apps that we use, the websites that we visit, and the services we subscribe to. How is this data used by companies and organizations? What is the difference between data security and data privacy? Where should the balance be struck between privacy and the benefits of increased data collection? This video will discuss these questions and more.

FCC’s O’Rielly on First Amendment & Fairness Doctrine Dangers

Neil Chilson and Adam Thierer

Governing the Internet: Plenty of people claim to favor freedom of expression, but increasingly the First Amendment has more fair-weather friends than die-hard defenders.

Deep Dive Episode 117 – How to Approach Data Collection and Breaches in the Age of COVID-19

What are the data privacy and security implications for widespread data collection for COVID-19 contact tracing? Drew Bagley, Neil Chilson, and Roger Klein discuss.

Tech Roundup Episode 10 – Trump’s Executive Order on Online Censorship

What is the legislative and legal background of the recent Executive Order on Preventing Online Censorship, how will it affect Section 230 of the Communications Decency Act, and what may be the unforeseen consequences of this move? These and other questions are addressed in this episode.

Deep Dive Episode 109 – Regulating by Consent Agreement: Examining FTC’s YouTube Settlement and Beyond

This episode explores FTC settlements and consent decrees, including the YouTube case and what it means for FTC enforcement going forward.

Deep Dive Episode 106 – Should Big Tech Platforms Be Viewpoint Neutral? Should the Government Care?

On March 4, 2020, the Regulatory Transparency Project sponsored a symposium with the University of Pennsylvania Federalist Society student chapter. This episode features audio from the second panel.

Regulating Big Tech: Should Social Media Platforms Be Viewpoint Neutral? Should the Government Care?

On March 4, 2020, the Regulatory Transparency Project sponsored a symposium with the University of Pennsylvania Federalist Society student chapter. The second panel of the symposium was titled “Should Social Media Platforms Be Viewpoint Neutral? Should the Government Care?”

Explainer Episode 11 – GDPR Compliance and Cybersecurity Concerns

In this episode, Ashley Baker and Neil Chilson discuss the implications for data security under recently-enacted privacy laws.

Deep Dive Episode 46 – Big Tech, Competition, and Antitrust Enforcement

Neil Chilson and Charlotte Slaiman discuss the debate over governmental oversight of big tech companies and the proper role of the federal government in promoting consumer welfare and market competition.

Reboot 2018: Are We Headed for a U.S. General Data Protection Regulation (GDPR)?

With continued scrutiny over social media companies’ data practices, states are stepping in to pass aggressive new privacy laws. For instance, the recently enacted California Consumer Privacy Act of 2018 will be the toughest data privacy law in the nation when it goes into effect in 2020. But with fears over navigating a patchwork of inconsistent laws, tech companies are increasingly interested in a federal privacy bill that will preempt the states. What might this look like, how likely is it to happen in the next Congress, and what will it mean for consumers?

The Regulatory Transparency Project co-sponsored the Lincoln Network’s Reboot 2018 conference.