Platform regulation from the bottom up: Judicial redress in the United States and China

Abstract

In recent years both the United States and China have introduced data protection and cybersecurity frameworks to address the social, economic, and political challenges posed by the platform economy. While much of the discourse has focused on the implementation of these frameworks through top‐down, centrally administered institutions, little discussion has turned to the role of platform regulation from the bottom up—that is, the ability of individuals to affect corporate behavior through the courts as litigants. This paper attempts to address that gap by offering a comparative analysis of the role of data protection litigation in both the United States and China as one institutional mechanism through which governments may pursue their larger regulatory goals. Privacy and data protection laws in both countries grant individuals enforceable rights against other private and public actors. While litigants in the United States and China face barriers to affect corporate behavior, they do so for notable dissimilar reasons due to the unique and historical differences of the legal systems in both countries. Despite these differences, courts in both the United States and China will play an increasingly important role in platform regulation

Regulating the platform giants: Building and governing China's online economy

“…There have been a number of studies in the Chinese‐ and English‐languages on these firms and their founders (Clark, 2016; Erisman, 2015; Greeven, 2014; Leng, 2017; Liu & Avery, 2009; Peng, 2016; Tse, 2015; Zhang, 2009). However, there has been less study of the interplay between government authorities and these firms (for recent exceptions, see Dorwart, 2022).…”

“…By early 2022, after nearly two years of decrees, fines and forced restructuring under the banner of antimonopoly, government discourse softened from “strengthening antitrust” to “strengthening antimonopoly and anti‐unfair competition” while shifting to “prioritize stability while pursuing progress” (稳字当头、稳中求进) and (National People's Congress, 2022). Interestingly, Dorwart (2022) suggests that the Chinese courts were also becoming a more important venue for platform regulation.…”

Platform governance by competing systems of political economy: The United States and China

“…Dorwart (2022) takes a unique perspective on platform regulation, examining how it can happen from “the bottom up.” The paper conducts a comparative analysis of the ability of individuals in the United States and Chinese legal systems to affect platforms behavior through data protection litigation. Privacy and data protection laws in both countries grant individuals enforceable rights against other private and public actors.…”