The Revised (But Uncorrected) Version of the Klobuchar Bill
GAICIL Insights
Senator Klobuchar’s revised American Innovation and Choice Online Act (S.2992) aimed to stop a few large tech companies from self-preferencing and to force them to open proprietary assets to rivals. The report argues the revision failed to fix the original bill’s critical deficiencies.
Its legal analysis covers the arbitrary choice of covered firms, weak affirmative defenses, easy temporary injunctions and the absence of enforcement guidelines, issues that recur in proposals aimed at AI.
Abstract
The revised version of the Klobuchar bill (S.2992), aimed at prohibiting a few large tech companies from self-preferencing their services and forcing them to grant their rivals access to vital proprietary assets, fails to correct the critical deficiencies of the bill’s original version. This report provides a legal analysis of the new, yet uncorrected, pitfalls of the Klobuchar bill.1
Conclusion
In conclusion, the revised version of the bill fails to address five critical deficiencies and, in some cases, makes these problems worse.
Takeaway: The revised version of the bill fails to address five critical deficiencies and, in some cases, makes these problems worse.
Conclusion quoted verbatim from the report.
Notes
- Aurelien Portuese, The Revised (But Uncorrected) Version of the Klobuchar Bill (Info. Tech. & Innovation Found., June 21, 2022), https://itif.org/publications/2022/06/21/the-revised-but-uncorrected-version-of-the-klobuchar-bill/. Summary quoted verbatim from the ITIF publication page, https://itif.org/publications/2022/06/21/the-revised-but-uncorrected-version-of-the-klobuchar-bill/. ↩
Cite as: Aurelien Portuese, The Revised (But Uncorrected) Version of the Klobuchar Bill (Info. Tech. & Innovation Found., June 21, 2022), https://itif.org/publications/2022/06/21/the-revised-but-uncorrected-version-of-the-klobuchar-bill/
Header image: Hart Building Atrium View.jpg by Architect of the Capitol, Public domain, via Wikimedia Commons.
