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Discrimination in Online Platforms: A Comparative Law Approach to Design, Intermediation and Data Challenges


ISBN13: 9781839702884
Published: October 2022
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Hardback
Price: £138.00



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This book focuses on the legal governance of online platforms concerning direct and indirect discrimination against users in the housing, advertising, and labor markets. Through an extensive investigation of sources that include private company practices, antidiscrimination policies, collective and private litigation, court decisions, and public regulation, this book illustrates how statutory law and legal precedents in the E.U. and the U.S. are only partially equipped to address discrimination against statutorily protected classes in online platforms.

In the analysis of the selected sources, the author showcases that the main obstacles to the full implementation of the equality principle rely on online platforms’ structural challenges, including their aesthetic designs, matching tools, evaluation systems, and network effects that ultimately reinforce old biases against protected classes. In light of these structural challenges, the author concludes that the fight against discrimination in online platforms may produce the best results when oriented by a model of regulation that encourages private businesses to implement the principle of transparency, fairness and the active cooperation of antidiscrimination bodies.

Subjects:
IT, Internet and Artificial Intelligence Law
Contents:
General Introduction
TITLE I. ONLINE HOUSING AND ACCOMMODATION MARKETS: THE CROSSROADS OF INTERMEDIARY LIABILITY AND ANTIDISCRIMINATION LAW
Introduction
Chapter 1. Fighting Against Discrimination in the Housing and Accommodation Markets
Chapter 2. Housing and Public Accommodation Online Platforms
Conclusion of Title I
TITLE II. ONLINE ADVERTISING MARKETS: WIDESPREAD DATA COLLECTION AND UNEQUAL ACCESS TO EMPLOYMENT, GOODS, AND SERVICES
Introduction
Chapter 3. Discrimination in Targeted Advertising: A Path Through Data Collection and Profiling
Chapter 4. Online Platforms: Gatekeepers of Advertisements
Conclusion of Title II
TITLE III. ONLINE LABOR MARKETS: PERFORMANCE EVALUATION AND DISCRIMINATORY TERMINATION OF PLATFORM WORKERS
Introduction
Chapter 5. Labor Relations in the Platform Economy
Chapter 6. Transportation Network Companies: A Case-Based Analysis
Conclusion of Title III
General Conclusion
Bibliography
Annexes