How Will Tech Policy Change In The Biden White House? Here’s What You Need To Know
Summary
But Mark Lemley, a Stanford Law School professor who focuses on technology issues, said it would be shocking if the Biden administration completely reversed course.
“I don’t see the case being dropped or withdrawn. On antitrust, the parties have a fair amount of convergence,” Lemley said. “I could see Biden’s administration refiling a broadened suit. The current suit is pretty narrow.”
The law gives tech companies immunity from lawsuits over what people post to their sites. At the same time, it leaves the choice to take down or flag content at the complete discretion of the companies.
Stanford’s Lemley said that first part is invaluable to tech companies.
“What the platforms really want to avoid is losing the legal liability shield,” Lemley said. “They would be happy to have some oversight and regulation if they still kept their immunity.”
But Stanford’s Lemley warns that it could be bad for society to let the government set the rules of engagement.
“Imagine, for instance, what things would be flagged as misleading in a Trump administration versus a Biden administration if it were the government and not private parties making the decisions,” he said.
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