Internet regulations are the laws that govern the way information is accessed online. For instance, if you post something on the Internet that violates privacy laws (such as a violation of the General Data Protection Regulation in the EU or California’s CCPA), it can get taken down and you may not be able to access that content again.
The same goes for data that is collected and stored. Some laws (such as the Children’s Online Privacy Protection Act) are only applicable to companies that collect information on kids. However, most laws can be applied to any entity that provides products or services on the Internet. This includes social media platforms, search engines, and ad networks.
As the Internet expands globally, these laws will need to be flexible enough to cover a variety of real and theoretical possibilities. That is why it’s important that Congress and federal agencies carefully consider any legislation proposed to regulate Internet platforms.
In his new paper, Spiwak takes an in-depth look at the arguments that have been made for regulating Internet platforms as common carriers. He demonstrates that these arguments are flawed and mischaracterize telecommunications law. Moreover, Spiwak argues that imposing common carrier-style regulation on Internet platforms will likely lead to more problems than it solves. Instead, lawmakers should heed the warnings in this article and focus on enacting comprehensive legislation to protect consumers while respecting the innovative potential of the Internet.