Political theorists have long identified social acceleration as a challenge to governance. This chapter addresses the growing discrepancy between the rapid pace of digital developments and the often slow response of government and courts. In particular, this chapter highlights that, despite the speed with which digital platforms have generated privacy, antitrust, and consumer protection harms, judicial proceedings against them have sometimes taken many years to resolve both in the United States and in Europe. After reviewing the many factors underlying this slow pace of justice, the chapter proposes strategies for challenging this status quo, including improved interim measures and appellate procedure.

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Rapidly Remedying Exploitation of Digital Vulnerability: Taking Time Seriously in Digital Regulation

  • Frank Pasquale,
  • Zubair Jamali

摘要

Political theorists have long identified social acceleration as a challenge to governance. This chapter addresses the growing discrepancy between the rapid pace of digital developments and the often slow response of government and courts. In particular, this chapter highlights that, despite the speed with which digital platforms have generated privacy, antitrust, and consumer protection harms, judicial proceedings against them have sometimes taken many years to resolve both in the United States and in Europe. After reviewing the many factors underlying this slow pace of justice, the chapter proposes strategies for challenging this status quo, including improved interim measures and appellate procedure.