Regulating Big Tech

Allowing for global and multidimensional information access and sharing, the Internet features an ecosystem that is global, multifaceted and complex. Major Internet firms often leverage advertising, data monetization, and platform-based services to generate revenue. Global digital corporations (e.g. Apple, Meta (formerly Facebook), Google, Microsoft, X (formerly Twitter) have played leading roles in shaping the transnational digital order, enabled by initially light regulation and robust liability protection in the US. However, these days the US companies are facing significant regulatory challenges posed by requirements of the EU law and other legal orders (such as China and Russia).

Governments and major Internet corporations play pivotal roles in governing Internet infrastructure, content, and value creation. The underlying interests and incentives can both converge and differ. Governments seek to regulate Internet infrastructure for national security, economic, and social objectives, often emphasizing law enforcement access and sovereignty. Conversely, Internet corporations often advocate for minimal regulation to foster innovation and the free flow of information. The normative outcome of the tug-of-war is a complex network of self-regulatory, international, regional and national rules. The regulatory environment is fluid and subject to continuous fragmentation, undermining the vision of the Internet as a global and universally accessible network. Over the last years, there have been increasing concerns about the human rights implications of practices by big tech corporations as well. The big tech companies have faced criticism for the use of their platforms by malign actors to interfere in democratic processes (e.g. Facebook Cambridge Analytica scandal), and spread an uncontrollable flow of disinformation and hate speech spurring violence and atrocity crimes in conflict areas (e.g. Myanmar, Ukraine). A number of significant self-governing initiatives have been undertaken by big tech corporations to ensure compliance with human rights, however, more regulation is needed in the years to come.

This course aims to provide an overview of the Internet governance models, by focusing on the role and regulatory potential of selected global Internet corporations. It navigates through a dynamic and intricate landscape of technology, economics, politics, and law in both international and regional (such as the EU) contexts. The major topics of the course will cover issues related to the legal challenges in regulating major big tech companies; threats to human rights posed by the practices of big tech corporations (e.g. online hate speech and disinformation), the use of AI; data protection and the right to privacy; EU regulation and non-EU regulations of big tech corporations.