Tension between big tech firms, govt boils over

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Tension between big tech firms, govt boils over

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• Big tech versus governments: Even as Bill Gates of Microsoft expressed his view that Big Tech firms should have shots fired at them due to their extreme success, reality was catching up. In Jan 2021, the Parliament's IT committee summoned Twitter and FB executives and questioned them about suspension of political accounts.
• The starting point: And from there began a chain of events, leading to the drastic "IT (Intermediary guidelines and digital media ethics code) Rule 2021", notified on Feb 25, 2021. The quick pace was due to Twitter refusing to take down accounts that went against Indian govt. in the farmer protests.
• Worldwide repercussion: What India does may be copied by others too. Many globally now feel that GAFAM has become too big, and present multiple threats to nations and citizens alike. [GAFAM - Google, Apple, Facebook, Amazon, Microsoft]
• Sources of power: Big tech has troves of cosumers, and data-capital. These platforms now intermediate interactions between different users across borders. They regulate content too (of even govt. persons and leaders), and work today only on self-regulation. Hence, govt. regulation is desired.
• Friction point: Govt. of India wants data localisation, and control on cross-border flow of data. Content regulation remains a problem anyway. All these will culminate in the final draft of PDP Bill (Personal Data Protection Bill). Govt stance would be clear then.
• Fears of hate: There are genuine fears of hate speech and society getting divided due to social media force. False information and violence incitement is not uncommon. But at the same time, the vitality of social media cannot be disputed. 

1. CSAM content floods social media today (Child Sexual Abuse Material)
2. Drug trade info, radicalisation, trolling are common
3. Network effects amplify these vices, hence it is crucial to contain the negatives

• Be cautious: If the laws of the physical world are directly applied to this cyberworld, then it's a challenge. These platforms also are enablers of users' privacy rights and free speech. 

1. A new demand by govt. in IT rules 2021 is "originator traceability". The danger is that conversations in cyberspace can easily be spoofed and impersonation done. Innocents can be stuck in a trap easily.
2. Govt definitely has an interest in controlling nonsense, but it must be done in accordance with globally accepted practices.

• Manila and Santa Clara: There are global norms, knows as soft laws. Govt. must use these, instead of a sledgehammer approach.

1. Manila Principles on Intermediary Liability 
2. Santa Clara Principles on Transparency and Accountability in Content Moderation

• Politics: Politicians everywhere are loving taking potshots at Big Tech. Non-Americans love it more due to the added element of "foreign companies". But is it in their interest really to be doing this? The users do hate Big Tech, but they love them even more for the positives. 
• Indian situation: The massive size of internet market (85 crore users by 2025) makes it a juicy proposition for Big Tech. Online e-commerce will touch $200 b annually by 2028 ($30  in 2018). 
• Summary: What's needed is a fine balance between protecting fundamental rights of citizens and regulating big tech intermediaries. Concerns are around free speech, data privacy and protection, and providing safe harbour to social media intermediaries. 

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