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Section 230 Reform in the Era of “Big Tech”: What Does...

Today, online platforms such as Facebook, YouTube, and Twitter have become the primary means of expression and source of information for many Americans. Since...

Section 230 Reform: A Typology of Platform Power

Most Section 230 reformers are motivated by a desire to constrain the power of large technology companies, but many proposals to reform Section 230...

Regulating Internet Services by Size

In their zeal to curb Big Tech, regulators are crafting legislative reforms that make distinctions between Internet services based on size. A crucial Internet...

What We Talk About When We Talk About Section 230

When we talk about Section 230 in a vacuum, separate from antitrust policy, or public utility policy, we miss how it works — or...

Is Content Moderation an Antitrust Issue? Section 230 and the Current...

The internet has been an incredibly powerful tool for enabling users to share a wide variety of content. Some have argued that large online...

Antitrust, Section 230 & the First Amendment

The First Amendment allows antitrust action against media companies for their business practices, but not for their editorial judgments. Section 230 mirrors this distinction...
ANTITRUST 2020 AND THE HOUSE MONOPOLY REPORT

Antitrust 2020 and the House Monopoly Report: How Do You Fix...

The House Judiciary Committee’s report on big-tech monopoly is in a lot of ways very welcome, and it accomplishes important work. It was a...
INVESTIGATION OF COMPETITION IN DIGITAL MARKETS

The Investigation of Competition in Digital Markets: Looking in the Wrong...

The majority staff of the House Judiciary Committee recently released its Report and Recommendations (“MSRR”) following an investigation of competition in digital markets.  It...
ANTITRUST IS POISED FOR CHANGE

Antitrust is Poised for Change: How Far Will It Go?

A lively debate about the effectiveness of current antitrust laws and enforcement capabilities has erupted in the U.S., focused in particular on the competitiveness...
UNDERSTANDING THE HOUSE JUDICIARY COMMITTEE

Understanding the House Judiciary Committee Majority Staff Antitrust Report

The U.S. antitrust system is undergoing a profound reassessment.  Many events and commentaries have inspired this upheaval.  Among the most important is an inquiry...

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