[HN Gopher] S.1024 - The Bust Up Big Tech Act [pdf]
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       S.1024 - The Bust Up Big Tech Act [pdf]
        
       Author : jasonhansel
       Score  : 26 points
       Date   : 2021-04-20 21:42 UTC (1 hours ago)
        
 (HTM) web link (www.hawley.senate.gov)
 (TXT) w3m dump (www.hawley.senate.gov)
        
       | mmastrac wrote:
       | "To promote competition in digital markets, and for other
       | purposes."
       | 
       | I think the "other purposes" is part of the key here of why a
       | certain Mr Hawley submitted this bill. If you want to bust up big
       | tech, just bust up the big ones.
        
         | paulgb wrote:
         | > If you want to bust up big tech, just bust up the big ones.
         | 
         | It only applies to platforms with >1.5B in global revenue, so
         | you have to be reasonably big to be affected by it. I agree
         | with the distrust of Hawley's motivations, though.
        
       | kccqzy wrote:
       | What's the definition of a "covered company" here? I only saw the
       | definition for a "covered person" in the bill. Without that, it's
       | impossible to understand even the first prohibition:
       | 
       | > A covered person may not sell, advertise, or otherwise promote
       | goods and services of the covered person on an online platform
       | owned or operated by the covered company.
       | 
       | Are they actually the same thing? Companies can be persons, just
       | not natural persons.
        
         | gnopgnip wrote:
         | There is a little more to it, but more than $1.5b in revenue is
         | a requirement to be a covered company
        
       | WalterBright wrote:
       | Any other country would sell their first born to have just one of
       | the Big Tech companies. The US has all of them, and yet wants to
       | break them apart and hamstring them.
        
         | beastman82 wrote:
         | I say this all the time to people complaining about Amazon
         | taxes. They employ hundreds of thousands of people, and
         | contrary to popular belief, it's not slave labor.
        
       | the-dude wrote:
       | Does this stand a chance?
        
         | lizhang wrote:
         | Not in its current form
        
       | paulgb wrote:
       | Among other weird things, something that sticks out is how this
       | is worded as to make individual employees liable for civil
       | damages for the actions of their employer (Private Right of
       | Action on page 6/7).
        
         | jasonhansel wrote:
         | Not a lawyer, but I think that the phrase "covered person"
         | refers to corporations, not their employees. (Legally
         | corporations are "persons.")
        
           | paulgb wrote:
           | Ah, that would explain why "covered person" and "covered
           | company" are used seemingly interchangeably without "covered
           | company" ever being defined.
        
       | synack wrote:
       | The post title is incorrect, the bill was introduced as S.1204
       | https://www.congress.gov/bill/117th-congress/senate-bill/120...
        
         | rubiquity wrote:
         | Look, some of us prefer the base 2, ok?
        
       | hardwaregeek wrote:
       | > IN GENERAL. A covered person may not provide online hosting
       | services or back-end online services to any other entity that is
       | not owned by the covered person
       | 
       | Huh? That doesn't seem to make sense.
        
         | SllX wrote:
         | Apple must divest iCloud; Amazon must divest AWS; Microsoft
         | must divest Azure, etc. I guess alternatively they could divest
         | their marketplace, exchange and search engine components
         | instead of their backend components.
         | 
         | The goal here seems to be to run up a ton of forced divestures
         | in a "here's what I want you to do, you figure out how to do
         | it" way.
        
         | paulgb wrote:
         | It means if you work for a company that runs an online
         | marketplace/search engine of a certain size (i.e. Amazon,
         | Microsoft, Google), you can't offer cloud compute services to
         | other companies.
         | 
         | I agree though, it's a mess to follow this. It takes effort to
         | make a seven page bill so convoluted. It's the spaghetti code
         | of law.
        
         | jakelazaroff wrote:
         | A "covered person"...
         | 
         |  _> means a person that is in the business of offering an
         | online platform to connect third parties to an online
         | marketplace, exchange, or search engine which_
         | 
         | ...followed by some stipulations on users and revenue. So as I
         | understand it, Amazon/Google/Microsoft would have to spin off
         | AWS/GCP/Azure, etc.
        
           | toast0 wrote:
           | Adding those two things up, it sounds like it says
           | 
           |  _A person that is in the business of offering an online
           | platform to connect third parties to an online marketplace,
           | exchange, or search engine may not provide online hosting
           | services or back-end online services to any other entity that
           | is not owned by the covered person._
           | 
           | I don't know how you offer an online platform without
           | providing back-end online services.
        
             | jakelazaroff wrote:
             | For example, Amazon could not simultaneously operate
             | Amazon.com (the e-commerce website) and AWS (the cloud
             | provider). They'd need to choose one or the other.
        
         | akersten wrote:
         | It doesn't make sense, it's word salad like the rest of the
         | bill. It's specifically intended to get a rise out of his
         | constituents.
        
         | killingtime74 wrote:
         | You have to realise this is not English but legal English
        
         | hn8788 wrote:
         | I'm just guessing, but it seems like the point of that part is
         | to keep big tech companies from being able to effectively kill
         | off competition by also owning the platforms that competitors
         | would build on.
        
           | kokanator wrote:
           | This seems like the best translation.
           | 
           | If you control your competitors infrastructure, you have a
           | unique power position and the ability to shut off hosting at
           | any moment.
           | 
           | Sure the tenant could fight in court but by that time their
           | business is dead.
        
       | synack wrote:
       | If I understand this correctly, the law would prohibit Amazon
       | from selling their own brands on their marketplace and they'd
       | have to split AWS into a separate company within a year.
        
       | joshuamorton wrote:
       | If I'm reading correctly, this law does two things
       | 
       | One is a clear first amendment violation, the other bans cloud
       | hosting offerings like AWS, GCP, and Azure.
        
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       (page generated 2021-04-20 23:01 UTC)