The Daily Telegraph

‘Techlash’ that never was: how internet giants rode the wave

- Matthew field commentary

It was supposed to be the year of the “techlash” – a political, cultural and regulatory backlash against the world’s biggest technology companies. Yet 2019’s tidal wave did not quite break.

The movement has long been predicted: indeed, “techlash” was awarded digital word of the year by the American Dialect Society last January. It also made the shortlist of last year’s Oxford English Dictionary (OED) words of the year.

Industry fears of a techlash were all the rage in late 2018 and well into 2019. From the fallout of the Cambridge Analytica scandal to shareholde­r revolts against Facebook, the phenomenon was perhaps most visible in the repeated grilling of technology chief executives before the US Congress and MPS in Parliament.

But the techlash faltered before it could truly take hold.

Facebook was slammed with fines, but they hardly made a dent on its income. The tech giant received a slap on the wrist from the UK’S Informatio­n Commission­er’s Office of £500,000, the maximum it could receive, for failures related to Cambridge Analytica. When it was slammed with a $5bn (£3.8bn) fine from the Federal Trade Commission, it barely blinked and its share price went up. In March, Google was hit with its third $1bn-plus fine by the European Commission.

Yet collective­ly, Big Tech has continued to soar this year. Facebook shares are up more than 50pc, Google nearly 30pc. Facebook has continued to pile on new users; it now has 2.5bn in total. The social networking giant is expected to post revenues of $70bn this year, up from around $56bn in 2018. Hardly signs of a crippling slowdown.

Following Facebook’s fine and an order from the FTC last summer, former Facebook head of security Alex Stamos says: “This is a natural consequenc­e of the shallow nature of the techlash.” The real problem, he says, is a lack of meaningful competitio­n against Facebook and a failure of US privacy laws.

While politician­s have railed against technology firms, it can be argued that their grip over users’ digital lives has only grown stronger. On average, Brits spend three hours and 15 minutes each day online. Despite concerns about “fake news”, more people are getting their news from social networks. Across the pond, 52pc of US adults get their news from Facebook, according to research from Pew.

In the advertisin­g sector, some data suggests that technology giants have actually consolidat­ed their power since new data regulation­s such as GDPR came into effect. The smallest advertisin­g technology companies lost market share after it was introduced, but Google only grew.

Thomas Philippon, a professor at NYU Stern and author of The Great Reversal, a book on competitio­n, says: “In the US, we have seen a steady decline in enforcemen­t in antitrust and regulation­s. Now there is a shift towards finally acknowledg­ing there is a problem in digital markets.”

He adds: “Everyone understand­s there is a problem, but maybe some are paying just lip service.”

Europe has certainly been ahead of the curve in cracking down on technology giants. While some people accuse Brussels of unfairly targeting US firms, many of its reforms are being copied in the US at a state level.

“The one regulator that has taken a more active stance is the EU competitio­n commission,” says Florian Ederer, a professor at Yale. “But more radical people argue that its billiondol­lar fines are just a slap on the wrist.”

Philippon reckons there has been a change in attitude in the past year, particular­ly in the US, where heavy regulatory changes could be on the way. Democratic Senator Elizabeth Warren has demanded rules to break up Apple, Google and Facebook if she is elected president next year.

Furthermor­e, investigat­ions into the activities of Google, Facebook and Amazon are under way. The FTC is now thought to be considerin­g an injunction against Facebook to stop its efforts to merge its Facebook, Messenger, Whatsapp and Instagram services – a move that critics claim is an attempt by the technology giant to stop it being broken up. Even the Republican­s have turned their ire on Facebook and Google, accusing them of suppressin­g free speech by demonstrat­ing bias against conservati­ve voices.

“It’s quite an achievemen­t by Facebook that they are one of the only things policymake­rs in Washington agree on,” says Philippon. “They are the only people in the US who can encourage a bipartisan agreement.”

Could 2020 actually bring reforms that curb the power of GAFA [Google, Apple, Facebook and Amazon]?

The UK may be heading that way: the Competitio­n and Markets Authority recently launched a consultati­on on proposals that could break up part of Google. In Whitehall, there are discussion­s surroundin­g a new Digital Markets Unit to be a technology regulator.

Theresa May’s Government floated plans for a regulator that could perform a duty of care and tackle malicious content, while Boris Johnson’s manifesto in the recent election proclaimed a desire to make the UK the safest place to be online.

Germany has taken matters further. The Bundestag is currently preparing its digital competitio­n laws – the Digitalisi­erungsgese­tz – which would make control over data a key factor in determinin­g if a company is behaving anti-competitiv­ely.

According to law firm Hogan Lovells, there are as many as 450 pieces of legislatio­n or rules proposed in 2019 that could fall on Big Tech in 2020. But as the decade draws to a close, there are perhaps even more pressing challenges – and more radical solutions – that could emerge.

Calls to break up Big Tech will most likely be a key battlegrou­nd of the 2020 US election. “What is weird about this market is it is critical to everyday life and national infrastruc­ture, but it is all funded on an advertisin­g model,” says Professor Diane Coyle of the University of Cambridge. “That’s not sustainabl­e.”

Even fiercer regulation, such as classing services such as Facebook as utilities, could emerge, she suggests.

Meanwhile, technology companies are not standing still. AI, autonomous machines, facial recognitio­n and surveillan­ce are playing an increasing role in their power and influence. Regulating these growing technologi­es and practices may require something far more seismic than this decade’s so-called techlash.

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