Terry Flew

Regulating Platforms


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interactions at a time when most of the world’s population relies on the internet more than ever before. The book asks practical questions such as how to define platforms and delineate their different types, what is the mixture of issues of concern about the power of digital platforms, and what can be learnt from the initiatives that both state and non-state actors – including the digital platform companies themselves and the third-party regulators they have summoned into existence – have thrown at the growing array of policymakers, politicians, regulators, corporate advisors, academics, and activists engaged with these issues.

      It is not hard to see when the sea change in attitudes towards the regulation of online environments happened. In the United States, it can be located in the transition from the Obama administration to the Trump presidency and in the range of concerns that the 2016 presidential election raised, from the circulation of fake news on social media platforms to allegations of electoral interference by foreign powers. The European Union chose to act on widespread concerns about the misuse of personal data online; the General Data Protection Regulation (GDPR) was enacted in 2016 and came into law in 2018, setting rules about how digital platforms and other online entities could make use of material provided by online ‘data subjects’. The GDPR demonstrated that the online environment, long held to constitute a realm beyond the territorial sovereignty and policy knowledge of governments, could in principle be regulated, and that digital tech giants would respond appropriately to the regulation of their activities by sovereign political entities. The GDPR preceded the Cambridge Analytica scandal – that is, the revelations of whistleblower Christopher Wylie to the Guardian’s journalist Carole Cadwalladr, in 2018, about how data gathered through Facebook were onsold to political campaigns such as the Vote Leave group in the 2016 Brexit referendum in the United Kingdom and the Trump campaign in the United States. Even so, the scandal threw into very sharp relief a range of concerns that had been simmering about the power of digital platforms and the possibilities of misuing it. Discussion of a ‘global techlash’ and the rise of the FAANG or FAMGA – acronyms for Facebook, Apple, Amazon, Netflix, and Google or, in a different version, Facebook, Apple, Microsoft, Google, and Amazon – became commonplace.

      The second stage, from 2006 to the present, is that of the platformized internet. The rise of Web 2.0 brought together two significant insights: most internet users preferred environments that were managed and curated by others; and such environments enabled online interaction by simplifying processes of accessing content or using devices. As part of this welcome simplification, every online interaction produced a data trail that was potentially open to providing useful insights, which could in turn inform further economic transactions. This was the era of gestation of big tech and the companies that dominate digital communications today. Critics came to label it ‘digital capitalism’, ‘platform capitalism’, and ‘surveillance capitalism’. It has seen growing demands for antitrust action against the tech giants, calls for greater regulation of online activity in order to reduce social harms, and concerns that the digital sorting and reshaping of communities could promote political polarization and a ‘post-truth’ society.