Revisiting the Rationales for Media Regulation: The Quid Pro Quo Rationale and the Case for Aggregate Social Media User Data as Public Resource

In this chapter, we explore the rationales that have traditionally justified media regulation in the United States and argue that the quid pro quo rationale, which has accompanied the treatment of the spectrum as a public resource in broadcast regulation, may have applicability to the social media context. Specifically, we argue that aggregations of social media user data may merit treatment as a public resource. We develop this argument through an exploration of the conceptual and policy debates surrounding the appropriate treatment of aggregate user data. We then argue that treating aggregate user data as a public resource may provide grounds for the application of a public interest regulatory framework to social media that is similar to the public interest regulatory framework that has traditionally been applied to broadcasting.