The Record

Algorithms and Economic Justice: A Taxonomy of Harms and a Path Forward for the Federal Trade Commission

As an FTC Commissioner, I aim to promote economic and social justice through consumer protection and competition law and policy. In recent years, algorithmic decision-making has produced biased, discriminatory, and otherwise problematic outcomes in some of the most important areas of the American economy. This article describes harms caused by algorithmic decision-making in the high-stakes spheres of employment, credit, health care, and housing, which profoundly shape the lives of individuals.

Wargames: Analyzing the Act of War Exclusion in Insurance Coverage and Its Implications for Cybersecurity Policy

Cyber risk insurance coverage has become an increasingly vital tool permitting both public and private-sector organizations to mitigate an array of cyber risks, including the prevalent issue of ransomware. However, despite the relatively rapid uptake of these policies, a series of issues and barriers emerged. Litigation has centered on issues ranging from what constitutes “covered computer systems” as many employees are working from home, to questions of negligence.

In a New Light: Social Media Governance Reconsidered

Our aim for this special issue is to bring a few novel approaches to platform governance which can be applicable to social media and other online platforms. The different scholars included in this issue approach social media governance through different lenses, and sometimes use different terminology (e.g., “platforms” vs. “technology firms” vs. “social media companies”). Yet the common thread is the importance of exploring new ideas for managing the social impact, good and bad, that these large players have in our society.

AI & Antitrust: Reconciling Tensions Between Competition Law and Cooperative AI Development

Cooperation between companies developing artificial intelligence (AI) can help them create AI systems that are safe, secure, and with broadly shared benefits. Researchers have proposed a range of cooperation strategies, ranging from redistributing “windfall” profits to assistance to address the harmful dynamics of a competitive race for technological superiority.

Informal Governance: Internet Referral Units and the Rise of State Interpretation of Terms of Service

The legal framework governing online speech relies on a distinction between the public and private sphere. A direct consequence of this distinction is the bifurcation between user and citizen. While the former is largely governed by private contractual norms—like a platform’s terms of service—the latter is traditionally governed by public law norms.