The Regulatory Theater

Congress, the FTC, and the Illusion of Accountability

Over the past months, my posts have repeatedly underscored Congress and the FTC's dismal failure to rein in the havoc wreaked by social media platforms. Rather than tackling the urgent need to revise or revoke Section 230, which grants these platforms complete immunity, we've witnessed nothing but political theater masquerading as meaningful action.

In July 2019, I unwittingly played a role in one such production. My testimony before the Senate Judiciary Committee, alongside Ted Cruz's interrogation of a Google executive, seemed like the start of a reckoning. Yet, subsequent hearings, including those featuring Facebook whistleblower Frances Haugen, amounted to little more than fleeting media attention.

Frustrated by the lack of recourse for myself and others, I filed complaints with the FTC against Google and Meta for permitting harmful content to flourish in violation of their own Terms of Service. Four years later, there's been no response. Even a letter from Senator Mark Warner on my behalf failed to stir the FTC from its lethargy.

It's bad enough that the FTC ignores me and Georgetown Law, but a US Senator? What kind of egregious negligence is this? When the complaint was filed, the FTC was led by a Trump appointee, leading me to chalk up the silence to political bias. But with Biden appointing Lina Khan, I had hoped for change. Sadly, Khan's tenure has been marked by inaction and ambiguity, as highlighted in a recent profile by Commentary.org.

“Lina Khan is teaching a new generation of regulators how to wield real power—not by writing rules but by renouncing them. Not by the certainty of clear and enforceable regulations but by the regulatory uncertainty sown by unclear regulatory policies that succeed in lieu of their actual enforcement.”

Meanwhile, the Senate Judiciary Committee's latest spectacle focused on the Kids Online Safety Act (KOSA), featuring the usual suspects like Mark Zuckerberg. While the bill may garner Senate support, its fate in the House is uncertain, and its enforcement would fall to the FTC—a dubious prospect at best.

I'm hopeful for KOSA's passage, but it's akin to settling for a field goal when we need a touchdown. The real solution lies in repealing Section 230, allowing individuals their day in court and halting this absurdity once and for all. If KOSA passes, it risks becoming a hollow gesture, sacrificing meaningful change for theatrical grandstanding.

And to House Republicans intoxicated by impeachment fervor, I offer a suggestion: target an agency head who truly deserves scrutiny—Lina Khan. It's time to hold those in power accountable and demand real action, not just more political theater.

Lina Khan