Structural power as a critical element of social media platforms private sovereignty
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2022
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This chapter discusses how large social media platforms are acquiring a form of private sovereignty, exercising a form of“structural power” as they define and implement their private ordering systems. The goal of this work is to stress the existence of a new conception of “sovereignty” that is intrinsically associated with the definition of the contractual regulations, technical architectures, and adjudication capabilities of digital platforms. The article will use the concept of “structural power” elaborated by Susan Strange in her 1988 book on “States and Markets” to illustrate how platform create private ordering systems. Ultimately, it will argue that such systems allow platforms to elude oversight from national governments, de facto giving rise to private type of sovereignty.