Leveraging Powerful Platforms

Existing antitrust laws primarily focus on the impact on consumers. Because Big Tech is much different than Big Steel and other monopolies targeted in centuries-old rules, some have argued new or updated legislation is needed to break up outsized tech companies. Not everyone on the committee expressed this view, however.

Political Censorship

Republicans on the committee focused their attention on anti-conservative bias online. According to Rep. Jim Jordan of Ohio, both Google and Facebook censor conservative voices. Democrats, too, have said social media companies like Facebook have not done enough to prevent false political claims. While a separate issue from whether Big Tech has violated antitrust laws, its continued focus in the hearing suggests that any potential legislation addressing the size of Big Tech may include attempts to revise censorship and liability laws for online platforms.

Will Antitrust Laws Be Updated?

While there appears to be some momentum to update antitrust laws, it is by no means clear Congress is able to tackle the issue anytime soon. Facebook CEO Mark Zuckerberg, for example, argued that breaking up Big Tech would hurt America’s ability to compete with Chinese tech companies. This argument could find a receptive ear in Congress. What’s more, some technology, such as AI, can be done best using massive amounts of data. One example is Facebook’s advanced facial recognition software, which came about primarily due to Facebook’s access to billions of photographs. Whether facial recognition technology is a good thing is a debate for another time.

Big Tech gets criticized by both parties and the public. Whether this criticism will translate into any changes in the law is still anyone’s guess. Whatever the path forward, however, there is sure to be intense disagreement.

  • Boston Is Latest City to Ban Facial Recognition Technology, Even as Federal Legislation Introduced (FindLaw’s Technologist)
  • After Executive Order Condemning Online Censorship, Should Social Media Companies Fear Liability? (FindLaw’s Technologist)
  • U.S. District Court Clears Sprint, T-Mobile for Merger. Will This Speed 5G Networks? (FindLaw’s Technologist)

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