ABSTRACT
The European Union’s
Digital Services Act (DSA) offers a new model for regulating online services that
allow users to post things. It uses size-based tiers to delineate the different
levels of obligation imposed on various services. Despite the tiers of
regulation in the DSA, and very much in its copyright-specific companion
Article 17, it’s evident that the broad contours of the new rules were written
with insufficient attention to variation. Instead, regulators assumed that “the
internet” largely behaved like YouTube and Facebook. Using three examples of
how that model is likely to be bad for a thriving online ecosystem—counting users,
providing due process, and implementing copyright-specific rules—this Article concludes
that, to improve policymaking, regulators should use test suites of differently
situated services to ensure that they are at least considering existing
diversity and properly identifying their targets.
from Blogger http://tushnet.blogspot.com/2024/01/new-article-three-sizes-fit-some-why.html
Rebecca Tushnet 