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1 1 (June 17, 2019)

handle is hein.crs/govbaft0001 and id is 1 raw text is: Congressional *Research Service Regulating Big Tech: Legal Implications Updated June 17, 2019 This Sidebar will be regularly updated to include additional CRS products in the list at the end. Amidst growing debate over the legal framework governing social media sites and other technology companies, several Members of Congress have expressed interest in expanding current regulations of the major American technology companies, often referred to as Big Tech. This Legal Sidebar provides a high-level overview of the current regulatory framework governing Big Tech, several proposed changes to that framework, and the legal issues those proposals may implicate. The Sidebar also contains a list of additional resources that may be helpful for a more detailed evaluation of any given regulatory proposal. Current Regulatory Landscape The big five tech companies-Alphabet (Google's parent company), Amazon, Apple, Facebook, and Microsoft-play a critical role in today's marketplace and in society at large. As commentators have pointed out, the technology industry has largely developed free from any significant federal regulation, particularly when viewed in contrast to potentially analogous industries such as radio, television, or telephone services. There are no omnibus federal laws akin to the Communications Act or the Federal Aviation Act governing the industry as a whole. Instead, the internet has largely operated under a system of self-govemance. In fact, one federal law has partially shielded online service providers from lawsuits that might otherwise limit their conduct: Section 230 of the Communications Decency Act of 1996 (CDA) immunizes many online platforms that serve as hosts for user-generated content from some lawsuits that would impose liability on these platforms for their content-publishing activities. Section 230 immunity is not absolute, though. Among other exceptions, the law does not shield online platforms from prosecution under federal criminal statutes-and does not shield platforms from liability for their own content. Nonetheless, Section 230 does broadly protect platforms' content-hosting activities. This is not to say, however, that the internet is a completely lawless zone or that there is no federal regulation of the internet. Individual platforms and their users may be held accountable for actions they take online. For example, the Department of Justice (DOJ) has indicted a number of sites-including Backpage.com-under various criminal statutes, alleging that the platforms unlawfully facilitated prostitution. Internet platforms may also be subject to liability under certain federal laws such as the Digital Millennium Copyright Act, which generally governs the protection of copyrights online. Additionally, the Federal Trade Commission (FTC) Act's prohibition of unfair or deceptive acts or practices (UDAP) applies to most internet platforms and users, and the FTC actively enforces this Congressional Research Service https://crsreports.congress.gov LSB10309 CRS Legal Sidebar Prepared for Members and Committees of Congress

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