Political pressures and legal risks for dominant tech platforms have escalated. The hectic and chaotic final days of the Trump Administration spotlighted the power of social media to incite and galvanize extremist conduct, solidifying a political consensus to reform or repeal a statutory liability shield that insulates social media platforms from civil liability (Section 230 of the Communications Decency Act).
Meanwhile, the Justice Department and state attorneys general have filed antitrust lawsuits against Google. The Federal Trade Commission and state attorneys general have also sued Facebook under the antitrust laws. Epic Games, the creator of Fortnite, accuses Apple of illegal monopolization of its app store and now Facebook could join the fight. Meanwhile, Democrats, now with narrow control of both houses of Congress, support legislation to modify antitrust laws, particularly as part of an overall effort to rein in big tech. In the weeks ahead, President Biden will nominate regulators to key posts that could commence new battles against an increasingly beleaguered tech industry.
CLICK HERE to listen to the replay of JT Taylor and Paul Glenchur as they run through the regulatory, judicial and legislative risks, possible timing of action and underappreciated threats to the tech leaders.