Governance by Emulation: The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability

Moritz A. Schramm

doi:10.1017/9781009639750

Social media giants likeMeta and transnational regulators such as the European Union are transforming private governance by creatively emulating public law frameworks. Drawing on exclusive interviews and in-depth analysis of Meta's Oversight Board and the EU's Digital Services Act, this book explores how these approaches blend European and American perspectives, bridging distinct legal traditions to address the challenges of platform governance. Analysis of content moderation practices and their implications uncovers a critical pattern in the evolution of governance for industries that will define the future, from digital platforms to emerging technologies. Combining public and private law in innovative ways, the book sheds light on bold governance experiments that will shape the digital world – for better or worse. This title is also available as Open Access on Cambridge Core.

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Contents

Governance by Emulation
pp i-i
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Cambridge Studies in European Law and Policy - Series page
pp ii-vi
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Governance by Emulation - Title page
pp vii-vii
The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability
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Copyright page
pp viii-x
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Dedication
pp xi-xi
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Epigraph
pp xii-xii
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Contents
pp xiii-xiv
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Figures
pp xv-xvi
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Series Editors’ Preface
pp xvii-xviii
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Preface
pp xix-xxii
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Acknowledgments
pp xxiii-xxv
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Table of Cases and Decisions by the Oversight Board
pp xxvi-xxviii
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Table of Legislation
pp xxix-xxix
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Abbreviations
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1 - Introduction
pp 1-37
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2 - Theory and Context
pp 38-99
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3 - Out-of-Court Dispute Settlement Bodies
pp 100-178
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4 - The Oversight Board
pp 179-272
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5 - Do Emulated Guardians Work?
pp 273-313
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6 - New Accountability Norms
pp 314-347
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Bibliography
pp 348-375
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Index
pp 376-380
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Governance by Emulation

The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability

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