Tech Regulation: Should Platforms Be Common Carriers?

Supreme Court Justice Clarence Thomas has penned a new non-binding legal opinion on the principal legal difficulty that surrounds digital platforms. Justice Thomas highlights some of the challenges with invoking old doctrines in regulation of social media companies and other platforms. Alex discusses the non-binding concurring opinion and the possibility that content platforms could become classified as common carriers, subjecting these companies to special regulations, including a general requirement to serve all comers.

This is an excerpt from episode 152 of Winner Take All. Watch the full episode here:

Originally Aired: 04/06/21
#Regulation #BigTech #CommonCarrier

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