社交媒体上的数据隐私

Facebook and Twitter suspending former President Donald Trump’s accounts in the wake of a mob storming the Capitol raises yet again the issue of the discretion that federal law affords internet platforms to regulate speech and Big Tech’s monopoly power. Facebook may have a monopoly by providing a substantially differentiated digital bulletin board, but it is a free service, making questionable economic harm to consumers. Forcing Facebook to divest Instagram and WhatsApp, as the FTC seeks, won’t solve the data-mining and privacy problems—that would require legislation similar to the European Union General Data Regulation that mandates users be informed, understand and consent to the data collected about them and how it will be used. As for political and other speech, Twitter and other platforms have been accused of anticonservative bias in the content they exclude and promote. This is broadly protected, because the First Amendment applies to restrictions that may be applied by government entities, not private actors. And the courts do not treat internet platforms as public squares where viewpoint discrimination is impermissible.