Tearing Down Walled Gardens: Encouraging Adversarial Interoperability to Promote Competition

This paper was originally published in the CPI TechREG Chronicle.

The concentration of the Internet economy behind the walled gardens of a select few companies has led policymakers across the political spectrum to call for congressional action. However, most legislation proposed thus far takes an overly punitive approach to Big Tech that is unlikely to create the conditions necessary for a truly competitive digital environment. A better way to promote competition in digital markets is by encouraging upstart companies to adversarially interoperate with dominant platforms. Large online platforms have weaponized the Computer Fraud and Abuse Act and other laws to ward off nascent competitors, making adversarial interoperability difficult. To open up the digital economy, lawmakers should turn their attention to reforming portions of the CFAA to prevent its abuse. By doing so, Congress would take a significant step toward reopening the Internet. 

Click here to read the full paper in the CPI TechREG Chronicle.

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