Should Congress establish a Digital Consumer Protection Commission to regulate big tech companies?
This bill will create an independent, bipartisan regulator, the Digital Consumer Protection Commission, that will create policy regarding big tech companies similar to the structure of the Federal Trade Commission (FTC). It will amend the Clayton Act to prohibit self-preference, tying arrangements, noncompete agreements, and no-poach agreements. It would also require big tech companies to publicize clear terms of service and content-moderation practices.
Sponsor: Sen. Elizabeth Warren (Democrat, Massachusetts)
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Opponents say
• "Convince me that Apple having the largest market capitalization in the world is an inherent problem for consumers. And if you can convince me that that’s the case, next convince me that the FTC can’t address that problem… I don’t think that it’s inherently bad for the courts to be interpreting existing laws in new contexts." Source: Sarah Kreps, Director of Cornell University’s Tech Policy Institute, VOX
• "Even so, the best path would be to pass laws rather than create whole new bureaucracies. The two senators argued Congress is too slow and vulnerable to industry lobbyists to regulate tech with new legislation. Yet lawmakers would have to pass a bill anyway to bring a new agency into existence. Instead of spending time and taxpayer dollars on a super-regulator, lawmakers would do better to get their act together, and face Big Tech themselves" Source: Ben Winck, Reuters
Proponents say
• "I have heard too many stories from families who feel helpless in the face of Big Tech. Stories about children being bullied to the point of committing suicide. Human trafficking. Exploitation of minors. All the while the social media platforms look the other way. Today, we take the first step and provide consumers with the tools they need to begin leveling the playing field. A regulatory commission will give consumers a voice against Big Tech and the power to punish them when appropriate. The creation of a regulatory commission to oversee Big Tech is the first step in a long journey to protect American consumers from the massive power these companies currently wield." Source: Sen. Lindsey Graham (Republican, South Carolina), Press Release
• "Passing the Digital Consumer Protection Commission Act is critical to preventing a few dominant internet companies from unfairly taking advantage of consumers and eroding our democratic values. The DCPC would help address major concerns around competition, privacy, security, and transparency in a truly bipartisan manner. This bill will ensure that the digital playing field is no longer stacked against competitors, consumers, and the public. I applaud bipartisan work of Senators Warren and Graham and CAP is proud to support the Digital Consumer Protection Commission Act. " Source: Patrick Gaspard (President and CEO of the Center for American Progress), Press Release
